Can a Kentucky Juvenile Record Be Sealed?
If you or your child was adjudicated delinquent (the juvenile equivalent of being convicted) in Kentucky’s juvenile court system, you may be concerned about the long-term impact of that record. Unlike the adult criminal system, Kentucky’s juvenile justice system is designed with rehabilitation in mind, and the law provides mechanisms for sealing juvenile records to give young people a genuine fresh start. However, the process is not automatic, and understanding how it works is essential.
Clark + Harris helps families throughout Kentucky navigate the juvenile record sealing process. Our attorneys serve clients in Lexington, Louisville, and every county in the Commonwealth.
Kentucky Juvenile Records — An Overview
Kentucky’s juvenile justice system operates under KRS Chapter 610 through KRS Chapter 645. Juvenile proceedings are handled in family court (or district court in counties without a family court) and are separate from the adult criminal system. Juvenile records are generally confidential under KRS 610.320 and are not open to the public in the same way adult criminal records are. However, “confidential” does not mean “invisible.” Juvenile records can still be accessed by law enforcement agencies, prosecutors, courts, and certain government agencies. In some circumstances, juvenile records can affect employment, military enlistment, and college admissions.
Sealing Juvenile Records — KRS 610.330
Kentucky law allows juvenile records to be sealed under KRS 610.330, which effectively removes them from access by anyone other than the court. Once sealed, the records are treated as if they never existed, and the individual can legally deny that the proceedings ever occurred.
Eligibility Requirements
To be eligible to have your juvenile record sealed, you must have reached the age of 18, two years must have elapsed since the final discharge from the juvenile court’s jurisdiction (or since the last adjudication, whichever is later), you must have no pending delinquency or criminal proceedings, you must not have been convicted of a felony or adjudicated delinquent for a felony-level offense after the age of 14 for certain serious offenses, and you must demonstrate rehabilitation through good behavior and law-abiding conduct since the juvenile proceedings.
Offenses That Cannot Be Sealed
Certain serious juvenile offenses are not eligible for sealing under Kentucky law. These include cases where the juvenile was tried as an adult under youthful offender statutes (KRS Chapter 640), cases involving sexual offenses requiring sex offender registration, and cases involving murder or serious violent felonies in some circumstances. The specific eligibility depends on the nature of the offense and the disposition of the case.
The Sealing Process
Sealing a juvenile record in Kentucky requires filing a motion with the court that handled the original juvenile proceedings. The motion should include evidence of the individual’s rehabilitation, good conduct since the juvenile proceedings, educational achievements or employment history, community involvement, and any other factors demonstrating that sealing the record serves the interests of justice. The court will review the motion and may schedule a hearing. The Commonwealth’s Attorney has the opportunity to object. If the court grants the motion, an order is entered sealing the records, and all agencies that maintain records of the juvenile proceedings are notified to seal their files.
Effect of Sealing
Once juvenile records are sealed, the proceedings are deemed never to have occurred. The individual can legally answer “no” when asked whether they have a juvenile record on employment applications, college applications, military enlistment forms, and other inquiries. Sealed records are not accessible through standard background checks, and law enforcement agencies are required to seal their records in accordance with the court’s order.
Automatic Expungement
Kentucky law also provides for automatic expungement of certain juvenile records under KRS 610.330(8). Misdemeanor-level juvenile adjudications are automatically sealed when the individual turns 18, provided certain conditions are met. However, felony-level adjudications and cases involving specific serious offenses require the formal motion process described above.
Why Sealing Matters
A juvenile record — even a confidential one — can create barriers to opportunity. Military branches may access juvenile records during the enlistment process. Certain employers, particularly in law enforcement, healthcare, and education, may have access to unsealed juvenile records. Security clearance investigations may uncover juvenile records. Sealing the record eliminates these barriers and gives young people the fresh start the juvenile system was designed to provide.
Contact Clark + Harris
If you or your child has a juvenile record in Kentucky that you would like to have sealed, Clark + Harris can guide you through the process. We serve clients in Lexington, Louisville, and throughout the Commonwealth. Call 859-474-0001 for a confidential consultation about sealing juvenile records and protecting your child’s future.
Related Resources
If this information applied to your situation, the following Clark + Harris guides may also be helpful:
- Kentucky Chain of Custody Challenges
- Kentucky Drug Court: A Path to Avoid Conviction
- Kentucky Holiday DUI: What to Know About Thanksgiving Through New Year’s
- Spring Break DUI in Kentucky: College Students and the Law
- Kentucky Derby Season: DUI Enforcement in Louisville and Lexington