Expungement of a Criminal Record
 

The primary object of the Criminal Records (Spent Convictions) Law is to implement a scheme to limit the effect of a person’s conviction for a range of offences if the person, having served their sentence, subsequently completes a period of crime-free behaviour. A person’s criminal record could only be expunged in instances where the Board has deemed the conviction as spent. Section 41 of the Law imposes a limit on the number of expungement a person is allowed. Consequently, a person shall not be eligible to obtain more than two expungements. 

Section 5 of the Criminal Records Law establishes an Expungement Board for the purpose of expunging criminal records. The functions of the Board are outlined in sections 6(1) and (2) of the Law. The Board is empowered pursuant to section 6(2) to approve, disapprove or revoke the expungement of a criminal record. 

Expungement Application Process

Step 1 - Access Application form and guidance notes on website and complete

  • Applicant downloads and completes application form.
  • Applicant visits the Post Office, identifies the relevant ODG service, pays the fee of $25 and receives a receipt
  • Applicant emails completed and signed application form, the receipt of payment from the Post Office, and any other required documents to expungement@gov.ky

Step 2 - Receipt and assessment of application

  • ODG sends acknowledgement and receipt by email.
  • ODG checks application for completeness and prepares for review by the Expungement Board.'

Step 3 - Application Review by Board 

  • Application is reviewed by the Board and a decision is made.

Step 4 - Approval

  • ODG informs applicant of approval by email, and allocates date and time for collection of the Certificate.

Related Documents

Legislation

  • Criminal Records (Spent Convictions) Law