Disenfranchisement in Kentucky: Part Three – How Do I Apply to Have My Voting Rights Restored?

There are two ways to apply to have your voting rights restored. If you are convicted of an eligible Class D felony, you must go through the following process to have your felony expunged. First, you must obtain and expungement certification from the Kentucky State Police, which costs $40 and can take up to 60 days. This official document tells the judge reviewing your application whether you are eligible to have your application granted.

After you get an expungement certification and it shows that you are eligible, you must then fill out the Administrative Office of the Court’s Motion to Vacate and Expunge form and submit it to the Circuit Court Clerk in the county in which you were convicted of the felony. Once you submit your application, the prosecutor has 60 days to object to your expungement. If there is an objection, the court will hold a hearing. Alternatively, if the prosecutor does not object, then there will not be a hearing.

Either way, the judge hearing your case makes the final decision in whether your record will be expunged. If the judge chooses to expunge your record, then the court will notify the appropriate agencies, so your felony conviction will no longer appear on background checks. For more information, visit the Kentucky Court of Justice website.

If you have been convicted of a felony in Kentucky that is not eligible under House Bill 40, you must fill out an application to have your voting rights restored by the Governor. If granted, only your voting rights will be restored. (You will not be eligible to have a firearm.) This is a lengthy process; it can take up to twelve weeks for your application to be processed. It is up to the Governor to decide if he will restore your right to vote.

We know the process of getting your voting rights restored is complicated, and we are happy to help you through it. For a free expungement evaluation, fill out the form at Unconvicted to get started today. Please contact us if you have any questions.