Sealing an Eviction Record in Kentucky: A Renter’s Guide

Facing an eviction in Kentucky can be overwhelming, and having an eviction record may affect your ability to rent in the future. Fortunately, in some cases, Kentucky renters have options to ask the court to seal their eviction records, helping to protect their privacy and future housing prospects. This guide explains the process, eligibility, required forms, and resources—presented in clear, practical language for Kentucky renters.

Understanding Kentucky Eviction Records

When a landlord files an eviction (sometimes called a "forcible detainer") against a renter in Kentucky, a court record is created. Even if the eviction is dismissed or you win your case, this record may remain public unless you take steps to seal it. Sealing the record means preventing public access, which can be important when applying for future housing.

Who Handles Eviction Cases in Kentucky?

Eviction matters in Kentucky are handled by the Kentucky District Court. This is where eviction (forcible detainer) cases are filed and where you file to ask for sealing your record.

Is Your Kentucky Eviction Record Eligible for Sealing?

As of 2023, Kentucky law allows tenants to ask a court to seal (or "expunge") an eviction record in certain situations, especially if:

• Your eviction case was dismissed by the court, withdrawn, or you won the case
• The eviction case was filed in error or lacked legal basis
• You and your landlord agreed to dismiss the case
• There were other compelling reasons that justify sealing (e.g., wrongful filing)

Always review your situation or get advice from a legal aid group to confirm your eligibility.

How to Ask the Kentucky Court to Seal Your Eviction Record

To seal an eviction record in Kentucky, renters must file a legal request (called a “Motion to Expunge”) in the same District Court where the eviction case was heard. Below are key details and resources for taking action.

Required Form: Motion to Expunge Eviction Record

• Form Name: Motion to Expunge (“Sealing/Expungement of Eviction Record”)
• Form Number: AOC-1024 (Eviction Expungement)
• Official Source: Download the AOC-1024 Motion to Expunge Form
• Purpose: Use this form to formally ask the court to seal your eviction record. You must explain why your record should be sealed, such as the case’s dismissal, an agreement with the landlord, or other strong reasons.
• When and How to Use: For example, if your landlord filed an eviction for nonpayment of rent but later withdrew the case, you could complete the AOC-1024 Motion to Expunge and file it with the District Court clerk. A hearing may be scheduled, and the judge decides whether to grant your request.

Step-by-Step Guide: Sealing Your Eviction Record

1. Get the Form: Download and print the AOC-1024 Motion to Expunge from the Kentucky Courts website.
2. Complete the Form: Fill out your information accurately, including details of your eviction case (case number, date, parties involved), and explain why you believe the record should be sealed.
3. File with the Court: Return your completed form to the District Court clerk where your eviction case was heard. Filing fees might apply; check with the clerk about fee waivers if you cannot afford to pay.
4. Attend the Hearing (if required): The court may schedule a hearing. Bring any supporting documents (e.g., dismissal order or settlement agreement). Explain your reasons to the judge.
5. Wait for the Decision: The judge will issue an order either granting or denying your request to seal the record. If granted, your eviction record will be removed from public access.

Relevant Kentucky Tenancy Law

Eviction proceedings and record sealing are governed by Kentucky Revised Statutes Chapter 383 – Landlord and Tenant and specifically by the new record sealing provisions in KRS 383.250.

FAQ: Sealing Eviction Records in Kentucky

1. Can all eviction cases in Kentucky be sealed?
   Not always. Sealing is usually allowed for dismissed cases, cases you win, or if both parties agree to dismiss. Other cases may require special circumstances.
2. Is there a filing fee to expunge an eviction record?
   There may be a filing fee, but fee waivers are often available for those who cannot afford to pay. Ask the court clerk for the current fee and information about waivers.
3. Do I need a lawyer to seal my eviction record?
   No, you do not need a lawyer, but legal aid or self-help services can assist if you have questions or if your situation is complicated.
4. How long does it take for my eviction record to be sealed?
   The process can take a few weeks, especially if the court schedules a hearing. After approval, the record is removed from public view.
5. Will sealing my eviction record affect my rental history with private screening companies?
   Sealing a court record may not automatically remove it from all private tenant screening databases, but it can help when you show landlords the official order sealing your record.

Key Takeaways for Kentucky Renters

• Many renters with dismissed or resolved eviction cases can ask the court to seal their eviction record.
• Use the official Motion to Expunge Form (AOC-1024) and follow the necessary steps for the Kentucky District Court.
• Legal aid and court self-help services are available to guide renters through the process.

Need Help? Resources for Renters

• Kentucky District Court: Eviction Case Info & Locations
• Kentucky Courts: Official Forms Library
• Kentucky Legal Aid Network – Free support for renters and legal information
• Kentucky Revised Statutes Chapter 383: Landlord and Tenant
• Kentucky State Court Clerk Directory

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1. Kentucky Revised Statutes Chapter 383 – Landlord and Tenant
2. AOC-1024 Motion to Expunge (Sealing/Expungement) Form
3. Kentucky District Court official information
4. Kentucky Legal Aid Network

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