How to Remove a First-Time Felony Charge for an Unregistered Gun in Kentucky

File an expungement petition to remove first-time felony gun charges in Kentucky.

First-time offenders can file an expungement petition with the Kentucky Court of Justice to remove felony gun charges from their record. In the legal process of expungement, an individual asks the court to seal a court docket and arrest record from the public. People typically file for an expungement when their criminal record interferes with obtaining housing or employment. An expungement is a one-time process; once it is granted, those records remain sealed.

Things You'll Need

• Criminal court record report

Instructions

1. Download the Inquiry Into Court Form from the Kentucky Court of Justice site to obtain a copy of your criminal record report, or request one through mail or by telephone. Complete the form and make an in-person request or a request through mail. Pay the request fee ($15 as of August 2010) with a debit or credit card, check, money order or cash for in-person requests. Attach a money order or check payable to Kentucky State Treasurer for mail requests. Wait seven to 10 business days to receive your report.

2. Examine your criminal record report to determine your eligibility for expungement. If you were found not guilty for your gun charge or the court dismissed your case, you are eligible to file for expungement. If your gun charge arose from a single incident, you are also eligible for an expungement.

3. Download an expungement form the Kentucky Court of Justice site, or obtain one through the mail or by phone request. Use Form 4972 if your felony gun charge was dismissed and Form 4962 if your felony gun charge resulted from single incident.

4. Complete the form and list your name, address, phone number, birth date, social security number and arrest date. List the charge that you want expunged and the names, along with addresses, of any victims involved in those charges.

5. Visit your local county clerk's office with the expungement form and a copy of your criminal record report. Sign the expungement form in the county clerk's presence and get it notarized with her signature. Pay the filing fee ($100 as of August 2010), and the county clerk will assign a case number and court date in your county for your expungement hearing.

6. Attend your hearing on the assigned date on time. Respond respectfully and honestly to the presiding judge and avoid interjecting while he speaks. After the court grants your expungement, wait four to six weeks for all arresting agencies to remove or seal your court docket. During this period, the court will send a certified copy of your expungement order to all agencies with your court records in their possession, such as the Kentucky State Police, to notify them to seal your case.

Tips & Warnings

• Register with the Administrative Office of Courts Fast Check service to submit your criminal record report request online.

• Send mail requests for criminal records reports or make in-person requests at:

• Administrative Office of the Courts

• Records Unit

• 100 Mill Creek Park

• Frankfort, Kentucky 40601

References

• Kentucky Legal Services: Criminal Record Expungement
• Kentucky Court of Justice: Criminal Record Reports

Resources

• Kentucky Court of Justice: Criminal Record Inquiry Into Court Form
• Kentucky Court of Justice: 4972 Petition/Motion for Expungement Form
• Kentucky Court of Justice: 4962 Petition/Motion for Expungement Form
• Kentucky Court of Justice: Kentucky County Clerks by County
• Kentucky Court of Justice: AOC Fast Check