In support of this Petition, the Defendant states as follows: (check all that apply)
At least sixty (60) days prior to filing this Petition, the Defendant was acquitted of the above-listed charge(s) and the
charge(s) was/were not expunged pursuant to KRS 431.076(1)(a);
At least sixty (60) days prior to filing this Petition, the above-listed charge(s) was/were dismissed with prejudice
and said dismissal was NOT in exchange for a guilty plea to another offense and the charge(s) was/were not expunged
pursuant to KRS 431.076(1)(a);
For felony charges, at least three (3) years prior to the filing of this Petition, the above-listed charge(s) was/were
dismissed without prejudice and said dismissal was NOT in exchange for a guilty plea to another offense;
For misdemeanor charges, at least one (1) year prior to the filing of this Petition, the above-listed charge(s) was/were
dismissed without prejudice and said dismissal was NOT in exchange for a guilty plea to another offense; AND
The above-listed felony charge(s) originally filed in District Court has/have not resulted in an indictment by the grand
jury or in an information filed by the Commonwealth’s Attorney, and six (6) months have elapsed since
the date of the District Court decision to hold the matter to the grand jury.
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AOC-497.2 Doc. Code: PEXA
Rev. 7-20
Page 1 of 2
Commonwealth of Kentucky
Court of Justice
www.kycourts.gov
KRS 431.076
Case No. ____________________
Court ________________________
County ______________________
Division ______________________
NOTE: A SEPARATE PETITION MUST BE FILED FOR EACH CRIMINAL CASE AND THE CHARGE(S) MUST BE LISTED
IN THIS MOTION FOR THE CHARGE(S) TO BE EXPUNGED.
The Defendant prays that this Petition for Expungement for Acquittal, Dismissal, or Failure to Indict be granted and that this
Court enter an Order that the following agencies expunge any records in the agencies' custody regarding these charges:
LIST AGENCIES AND ADDRESSES HERE: (Records may be held at multiple agencies. Please identify any government
agency that may have a record of your charge(s) such as, but not limited to, jail facilities or arresting agencies.)
_______________________________________________________________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
COMMONWEALTH OF KENTUCKY PLAINTIFF
VS.
________________________________________________ NAME DEFENDANT
________________________________________________ ADDRESS
________________________________________________
_________________________________PHONE NUMBER Jail ID Number ________________ (optional)
Defendant's Birthdate: ______________ Defendant's SSN: ______________ Violation/Arrest Date: _______________
( )
Comes now the Defendant herein and petitions the Court, pursuant to KRS 431.076, to expunge the following charges
which were either acquitted, dismissed, or did not result in indictment in the above-referenced case:
CHARGE: _________________________________ CHARGE: _________________________________
CHARGE: _________________________________ CHARGE: _________________________________
CHARGE: _________________________________ CHARGE: _________________________________
PETITION FOR EXPUNGEMENT
(FOR ACQUITTAL, DISMISSAL, OR FAILURE TO INDICT)
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District
Jefferson
KENTUCKY
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____________________________________________
Notary/Clerk
Subscribed and sworn to before me by ____________________________________________ this ________ day of
__________________________, 2_______.
By: ____________________________________, D.C.
My Commission Expires: _________________________
This Petition for Expungement was sent on the ________ day of _________________________, _______, to Defendant/
Petitioner or his/her Attorney; the County or Commonwealth's Attorney, as appropriate.
____________________________________________
Clerk
For Clerk Use Only
By: _______________________________________ D.C.
NOTICE TO COMMONWEALTH/COUNTY ATTORNEY
If this Petition is brought under KRS 431.076(1)(c) a response may be led within ninety (90) days after the ling of the
Petition. If a response is not led, the charges will be dismissed without prejudice and an order shall be entered expunging
the records. If a response is led, the Court shall dismiss the charges without prejudice ninety (90) days after the ling
of the response.
AOC-497.2
Rev. 7-20
Page 2 of 2
Case No. ___________________________
Note: Defendant/Petitioner must sign this petition in the presence of a notary or the circuit court clerk so that the
clerk can witness his/her signature.
____________________________________________
Defendant/Petitioner Signature
_____________________________, 2______
Date
Click to Erase Name from Notary Box
The Court, having review
ed Defendant’s Petition to Expunge and being sufficiently advised, FINDS:
1. (Check all that apply)
q At least sixty (60) days before the filing of this Petition, Defendant was acquitted of the charge(s) listed below.
Said acquittal was not expunged pursuant to KRS 431.076(1)(a);
q At least sixty (60) days before the filing of this Petition, the charge(s) listed below was/were dismissed with prejudice.
Said dismissal was NOT in exchange for a guilty plea to another offense and was not expunged pursuant to
KRS 431.076(1)(a);
q At least three (3) years prior to the filing of this Petition, the felony charge(s) listed below was/were dismissed without
prejudice. Said dismissal was NOT in exchange for a guilty plea to another offense;
q At least one (1) year prior to the filing of this Petition, the misdemeanor charge(s) listed below was/were dismissed
without prejudice. Said dismissal was NOT in exchange for a guilty plea to another offense; AND
q
The charge(s)
listed below include felony charge(s) originally filed in District Court that did not result in an
indictment by
the grand jury or in an information filed by the Commonwealth's attorney. Six (6) months have
elapsed since the date of the District Court decision to hold the matter to the grand jury.
AOC-497
Rev. 7-20
Page 1
of 2
Commonwealth of Kentucky
Court of Justice
www.kycourts.gov
KRS 431.076
Case No. __
__________________
Court ________________________
County ______________________
Division ______________________
COMMONWEALTH OF KENTUCKY PLAINTIFF
VS.
________________________________________________ NAME DEFENDANT
________________________________________________ ADDRESS
________________________________________________
_________________________________PHONE NUMBER Jail ID Number ________________ (optional)
Defendant's Birthdate: ______________ Defendant's SSN: ______________ Violation/Arrest Date: _______________
( )
CHARGE: _________________________________ CHARGE: _________________________________
CHARGE: _________________________________ CHARGE: _________________________________
CHARGE: _________________________________ CHARGE: _________________________________
2. q Other:
_________________________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
FINDINGS OF FACT
EXPUNGEMENT ORDER
(FOR ACQUITTAL, DISMISSAL, OR FAILURE TO INDICT)
District
Jefferson
KENTUCKY
AOC-497
Rev. 7-20
Page 2 of 2
AGENCY CERTIFICAT
ION
_________________
________________________________________, an above-named agency ordered to
expunge records in our custody, hereby certifies that q the agency has no records in its custody relating to the
Defendant/matter OR q the agency has completed the expungement as directed by this Court.
Date: ________________________, 2_____. Agency Records Custodian: ____________________________
Circuit Clerk: Refer to Cler
k’s Manual for instructions on filing this certification.
Copies: Defendant/Attorney; Kentucky State Police, 1266 Louisville Road, Frankfort, KY 40601; Named Agencies
Distribution: Original - Court File
____________________________________________
Judge
_____________________________, 2______
Date
THEREFORE, IT IS HEREBY ORDERED:
1. q The Petition is DENIED. (Doc Code: OEXD)
2. q The Petition is GRANTED. The Court further ORDERS: (Doc Code: OEXG)
a. Pursuant to KRS 431.076(3)(b), any felony charge(s) originating in District Court not resulting in an indictment
or an information is/are hereby DISMISSED.
b. The above-listed charge(s) is/are EXPUNGED from the court records. Upon entry of this order, the proceedings
shall be deemed never to have occurred; the Court shall reply to any inquiry that no record exists; and Defendant
shall not have to disclose the fact of the record or any matter relating to it on an application for employment,
credit, or other purpose.
c. With the exception of any records in the custody of the Department for Community Based Services,
the Kentucky State Police and other following agencies with custody of records relating to the arrest, charge
or other matters arising out of the arrest or charge, shall expunge the record, including but not limited to; arrest
records, fingerprints, photographs, index references, or other documentary or electronic data, and shall certify
to the Court on this form within sixty (60) days of the entry of this order that the required expunging action has
been completed:
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________