Kentucky offers a few methods to expunge criminal records, including arrest, charging, and certain conviction records. Learn whether expungement may be an option for you.
Having a criminal record can make it difficult—or, sometimes, impossible—to get a job, housing, or a loan. Expungement laws allow people to ask the court to hide or destroy certain criminal records, which can open the door to more job opportunities or a better living situation.
In Kentucky, a person can ask a judge to expunge arrest and charging records where no conviction resulted, as well as conviction records for most misdemeanors and many class D felonies. If expunged, any agency holding the record must delete or remove the record so that it will not appear on official state-performed background checks. A person can legally deny the expunged record's existence on any application, such as employment and credit applications. Also, expunging a felony record may restore a person's ability to vote.
To qualify for expungement, eligibility requirements apply to both the record and the applicant.
Any person who receives an acquittal or dismissal with prejudice can seek an expungement. (In some cases, the records are expunged automatically.) The same applies to dismissals without prejudice and cases where there was a failure to indict. Wait periods may apply depending on the disposition (result of the case).
For expungement requests of eligible conviction records, no one can apply until at least five years have passed since completion of their sentence (including any time spent on probation and payment of fines.)
Also, at the time of application, the person must have:
The applicant will need to pay filing fees with the court.
(Ky. Rev. Stat. §§ 431.073, 431.076, 431.078 (2023).)
A person who is arrested or charged but not convicted still has a criminal record. A background check will show arrest records, charging and booking documents, and court records. This may happen if charges are dismissed or a person is acquitted. Non-conviction records are the simplest records to get expunged, and it's important not to overlook them.
Anyone receiving an acquittal (a finding of not guilty) on or after July 15, 2020, will have their record automatically expunged by the court after 30 days. For acquittals before that date, a person will need to petition the court for expungement but no filing fees apply.
There are two types of dismissed charges, those dismissed with and without prejudice.
Charges dismissed with prejudice follow a process similar to acquittals. If the dismissal occurred on or after July 15, 2020, these records should be automatically expunged by the court within 30 days. For older records, the person can petition the court. There are no filing fees.
Charges dismissed without prejudice can also be expunged, but a person must apply and wait a set amount of time. A person seeking to expunge dismissed misdemeanor charges must wait one year. A three-year wait period applies to dismissed felony charges. There are no filing fees.
If a person is charged with a felony but the grand jury doesn't indict, a person can ask the court to expunge the charges once six months have passed. The six months start once the matter goes to the grand jury. No filing fees apply, but the prosecutor may object to the expungement.
(Ky. Rev. Stat. § 431.076 (2023).)
Kentucky allows a person to expunge an unlimited number of eligible misdemeanor convictions. Only certain class D felony convictions qualify for expungement. If a person receives a pardon, the offense type or level doesn't matter—all pardoned convictions can be expunged.
Eligible persons (see above "Who Is Eligible?") can ask to expunge any number of misdemeanor convictions, except for sexual-based offenses and crimes against children.
Wait periods. Most misdemeanors are eligible for expungement after 5 years. However, if a misdemeanor can be enhanced for a subsequent offense, it can't be expunged until the enhancement period has run. For instance, a person with a misdemeanor DUI faces a harsher sentence for a subsequent DUI. The court can look back 10 years on a person's record for a DUI enhancement. This means a person must wait 10 years, rather than 5 years, to expunge a misdemeanor DUI.
Mandatory or discretionary. When a person asks to expunge a single misdemeanor conviction, the judge must grant the expungement. Expungement for multiple misdemeanors, however, is discretionary (meaning the judge can deny the request).
Kentucky allows the expungement of class D felonies by eligible individuals (see above "Who Is Eligible?"). Class A, B, and C felony convictions cannot be expunged, unless the person received a pardon.
Eligible class D felonies. Many class D felonies may be expunged. A list of eligible felonies can be found in statute (section 431.073) and on the Kentucky Court of Justice website.
Wait period. The wait period for class D felony expungement is five years following completion of the sentence.
One or multiple felonies. Before 2023, an eligible person could only get one class D felony expunged in their lifetime. Now, multiple class D felonies may be expunged but different procedures apply, including a mandatory hearing and higher burden of proof. This higher burden requires the applicant to show a judge by clear and convincing evidence that:
Discretionary. For any class D felony expungement, it's up to the judge whether or not to grant the petition.
(Ky. Rev. Stat. §§ 431.073, 431.078 (2023).)
The process to expunge records differs depending on the type of record (non-conviction or conviction). Petitions that need to be filed with the court are available on the Kentucky Court of Justice website.
For records where no conviction resulted (and automatic expungement doesn't apply), a person needs to fill out a petition and file it with the court. A person should file a petition in the court where the charges were filed. There are no filing fees to expunge non-conviction records.
The expungement process for conviction records involves a few more steps, plus fees.
(Ky. Rev. Stat. §§ 431.073, 431.076, 431.078, 431.079 (2023).)
It's possible to get an expungement without an attorney. In addition to the Kentucky Court of Justice website, several organizations offer information online and may even assist with filling out forms, such as Kentucky Justice, Clean Slate Kentucky, Expunge Kentucky, Legal Aid of the Bluegrass, Legal Aid Society, Kentucky Legal Aid, and AppalReD Legal Aid.
If you're overwhelmed by the process or want to expunge multiple felony convictions, you may want to consider hiring an attorney. An attorney can help you navigate the process and represent you at any court hearings.