Question 1

Can you get a criminal record expunged in Kentucky?

Accepted Answer

Kentucky's main remedy is expungement, which the law defines as removing or deleting records so the matter does not appear on official state-performed background checks. Felony relief works by vacating the conviction and then expunging the records. Kentucky law also allows some drug-possession convictions to be voided and sealed after treatment, juvenile records to be expunged, and pardons from the Governor.

Question 2

Can you clear an arrest or dismissed charge in Kentucky?

Accepted Answer

If a court acquits a person or dismisses all charges in a case with prejudice (and not in exchange for a guilty plea to another charge), it must order the record expunged after 30 days unless the person objects. People whose records were not expunged that way can petition the court that decided the case. Waiting periods: 60 days after an acquittal or dismissal with prejudice; 6 months after District Court sends a felony to the grand jury, if no indictment follows; and for dismissals without prejudice, 3 years for felony charges or 1 year for misdemeanor charges. No certificate of eligibility is needed for dismissed, acquitted or never-indicted charges, and the courts say there is no filing fee to expunge felony charges that did not lead to an indictment.

Question 3

Can a misdemeanor be expunged in Kentucky?

Accepted Answer

Misdemeanor, violation and traffic-infraction convictions can be expunged, including a series of offenses from one incident or from more than one incident. The petition may be filed 5 years after the sentence or probation ends, whichever is later. The court must find that the offense was not a sex offense or an offense against a child, that the person has had no felony or misdemeanor conviction in the 5 years before filing, that no felony or misdemeanor case is pending, and that the offense is not one that can still be used to increase the penalty for a later offense. For offenses from one incident the court must grant expungement if these are met; for offenses from separate incidents it may grant it.

Question 4

Can a felony be expunged in Kentucky?

Accepted Answer

Most Class D felony convictions (Kentucky's lowest felony class) can be vacated and expunged, along with convictions for any felony if the person received a full pardon. Excluded are DUI, fourth-degree assault, impersonating a peace officer, abuse of public office, sex offenses, offenses against a child, and offenses that caused serious bodily injury or death. The application may be filed 5 years after the sentence, probation or parole ends, whichever is later, and the person must have had no felony or misdemeanor conviction in the 5 years before filing and no pending case. For Class D felonies not on the statute's specific list, the court must also find the person is rehabilitated; if the prosecutor objects, the person must prove at a hearing, by clear and convincing evidence, that expungement is in the public interest. Class A, B and C felonies cannot be expunged unless pardoned.

Question 5

Does Kentucky have automatic record clearing (clean slate)?

Accepted Answer

Partly. Cases dismissed with prejudice or ending in acquittal on or after July 15, 2020 (other than traffic cases) are expunged automatically after 30 days, with no action needed from the person, unless the person files a written objection within 30 days. Kentucky does not have automatic clearing of convictions.

Question 6

Can a DUI be expunged in Kentucky?

Accepted Answer

Felony DUI cannot be expunged. A misdemeanor DUI falls under the misdemeanor expungement law, but a conviction cannot be expunged while it can still be used to increase the penalty for a later offense. DUI penalties count prior offenses within a 10-year period.

Question 7

How do you seal a juvenile record in Kentucky?

Accepted Answer

A person found delinquent or a status offender in juvenile court can petition to have the juvenile record expunged. The court can also start the process on its own. The petition can be filed 2 years after the court's jurisdiction ends or after release from commitment; a court may waive that wait in extraordinary circumstances. Expungement is not allowed for sex crimes, offenses that would make the person a violent offender, or while other proceedings are pending. If a juvenile petition is dismissed or the child is found not delinquent, the court must expunge the record at the same time, with no action needed by the child.

Question 8

How do you file for expungement in Kentucky?

Accepted Answer

To expunge a conviction, first get an expungement certification of eligibility from the Administrative Office of the Courts and Kentucky State Police; you can request it online, by mail or in person. Then file the right petition with the Circuit Court Clerk in the county where the charge was filed, within 30 days, before the certification expires: AOC-496.2 for misdemeanors, violations and traffic infractions, or AOC-496.3 (Application to Vacate and Expunge Felony Conviction) for felonies. For felonies, the clerk notifies the prosecutor, who has 60 days to respond, and the prosecutor notifies any victim. If no one objects, the court may decide without a hearing; otherwise a hearing is held. Misdemeanor petitions are set for a hearing at least 30 days after filing, with notice to the county attorney and any victim.

Question 9

How much does expungement cost in Kentucky?

Accepted Answer

The eligibility certification costs $40. Misdemeanor petition: $100. Felony: $50 when filing, plus a $250 expungement fee if granted (total $300). The $250 can be paid in installments, but the record is not expunged until it is paid in full. The courts say there is no filing fee for expunging felony charges that did not lead to an indictment.

Question 10

What happens after a record is expunged or sealed in Kentucky?

Accepted Answer

After expungement, the proceedings are treated as never having happened. The records are removed so the matter does not appear on official state-performed background checks, and the court and agencies answer inquiries by saying no record exists. The person does not have to disclose the record on applications for employment, credit or other applications. A vacated felony conviction also restores the right to vote if nothing else prevents it. Prosecutors can keep a nonpublic record for law enforcement use only. Vacating a felony is not a finding of innocence.

Question 11

How do you get a pardon in Kentucky?

Accepted Answer

The Governor can grant pardons, commute sentences, and remit fines and forfeitures, except in impeachment cases. The Governor must file a statement of reasons with each application, and these are open to public inspection. A person with a full pardon can apply to have the felony conviction vacated and expunged, even if the offense is not normally eligible.

Question 12

Can old marijuana convictions be cleared in Kentucky?

Accepted Answer

Kentucky has no separate law clearing past marijuana convictions. For a conviction for possession of marijuana (or synthetic drugs or salvia), the court can set aside and void the conviction once treatment, probation or the sentence is satisfactorily completed. It then orders the records sealed, and the conviction does not count as a conviction for legal disqualifications. Possession convictions can also go through ordinary misdemeanor expungement.

Question 13

How do I check my own criminal record in Kentucky?

Accepted Answer

The Kentucky State Police Records Division provides name-based Kentucky adult criminal history checks (no fingerprints) by mail or walk-in, with the person's permission; the fee is $20 by check or money order payable to the KY State Treasurer, and mail requests take about 10 business days. The Records Division is temporarily at 1050 US 127, Frankfort, KY 40601 during renovation of its Louisville Road office; phone 502-227-8700. Request forms are on the KSP Background Check Forms page. KSP notes that the FBI separately lets members of the public obtain their own national criminal history for record review by fingerprints (IdentoGO locations in Kentucky).

What relief the state offers	Kentucky's main remedy is expungement, which the law defines as removing or deleting records so the matter does not appear on official state-performed background checks. Felony relief works by vacating the conviction and then expunging the records. Kentucky law also allows some drug-possession convictions to be voided and sealed after treatment, juvenile records to be expunged, and pardons from the Governor. Source: KRS 431.073, 431.076, 431.078, 431.079(3), 610.330, 218A.276
Arrests and dismissed charges	If a court acquits a person or dismisses all charges in a case with prejudice (and not in exchange for a guilty plea to another charge), it must order the record expunged after 30 days unless the person objects. People whose records were not expunged that way can petition the court that decided the case. Waiting periods: 60 days after an acquittal or dismissal with prejudice; 6 months after District Court sends a felony to the grand jury, if no indictment follows; and for dismissals without prejudice, 3 years for felony charges or 1 year for misdemeanor charges. No certificate of eligibility is needed for dismissed, acquitted or never-indicted charges, and the courts say there is no filing fee to expunge felony charges that did not lead to an indictment. Petition form AOC-497.2 (Petition for Expungement – For Acquittal, Dismissal or Failure to Indict). Source: KRS 431.076(1)–(3)
Misdemeanor convictions	Misdemeanor, violation and traffic-infraction convictions can be expunged, including a series of offenses from one incident or from more than one incident. The petition may be filed 5 years after the sentence or probation ends, whichever is later. The court must find that the offense was not a sex offense or an offense against a child, that the person has had no felony or misdemeanor conviction in the 5 years before filing, that no felony or misdemeanor case is pending, and that the offense is not one that can still be used to increase the penalty for a later offense. For offenses from one incident the court must grant expungement if these are met; for offenses from separate incidents it may grant it. Source: KRS 431.078(1)–(5)
Felony convictions	Most Class D felony convictions (Kentucky's lowest felony class) can be vacated and expunged, along with convictions for any felony if the person received a full pardon. Excluded are DUI, fourth-degree assault, impersonating a peace officer, abuse of public office, sex offenses, offenses against a child, and offenses that caused serious bodily injury or death. The application may be filed 5 years after the sentence, probation or parole ends, whichever is later, and the person must have had no felony or misdemeanor conviction in the 5 years before filing and no pending case. For Class D felonies not on the statute's specific list, the court must also find the person is rehabilitated; if the prosecutor objects, the person must prove at a hearing, by clear and convincing evidence, that expungement is in the public interest. Class A, B and C felonies cannot be expunged unless pardoned. A 2026 amendment taking effect April 30, 2027 adds one statute to the list of eligible Class D offenses (https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=58307). Source: KRS 431.073(1), (2), (4), (5)
DUI / DWI convictions	Felony DUI cannot be expunged. A misdemeanor DUI falls under the misdemeanor expungement law, but a conviction cannot be expunged while it can still be used to increase the penalty for a later offense. DUI penalties count prior offenses within a 10-year period. DUI 10-year lookback: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=58145 Source: KRS 431.073(1)(d); KRS 431.078(4)(d); KRS 189A.010(5)
Juvenile records	A person found delinquent or a status offender in juvenile court can petition to have the juvenile record expunged. The court can also start the process on its own. The petition can be filed 2 years after the court's jurisdiction ends or after release from commitment; a court may waive that wait in extraordinary circumstances. Expungement is not allowed for sex crimes, offenses that would make the person a violent offender, or while other proceedings are pending. If a juvenile petition is dismissed or the child is found not delinquent, the court must expunge the record at the same time, with no action needed by the child. Source: KRS 610.330
Past marijuana convictions	Kentucky has no separate law clearing past marijuana convictions. For a conviction for possession of marijuana (or synthetic drugs or salvia), the court can set aside and void the conviction once treatment, probation or the sentence is satisfactorily completed. It then orders the records sealed, and the conviction does not count as a conviction for legal disqualifications. Possession convictions can also go through ordinary misdemeanor expungement. Source: KRS 218A.276(8)–(9)

How to apply	To expunge a conviction, first get an expungement certification of eligibility from the Administrative Office of the Courts and Kentucky State Police; you can request it online, by mail or in person. Then file the right petition with the Circuit Court Clerk in the county where the charge was filed, within 30 days, before the certification expires: AOC-496.2 for misdemeanors, violations and traffic infractions, or AOC-496.3 (Application to Vacate and Expunge Felony Conviction) for felonies. For felonies, the clerk notifies the prosecutor, who has 60 days to respond, and the prosecutor notifies any victim. If no one objects, the court may decide without a hearing; otherwise a hearing is held. Misdemeanor petitions are set for a hearing at least 30 days after filing, with notice to the county attorney and any victim. Kentucky State Police reports that certifications take about 4 to 5 months to process. Source: KRS 431.073(2)–(6), 431.078(3), 431.079(1); Kentucky Court of Justice, Expungement page
Filing fee	The eligibility certification costs $40. Misdemeanor petition: $100. Felony: $50 when filing, plus a $250 expungement fee if granted (total $300). The $250 can be paid in installments, but the record is not expunged until it is paid in full. The courts say there is no filing fee for expunging felony charges that did not lead to an indictment. Source: KRS 431.073(10)–(11); KRS 431.078(7); Kentucky Court of Justice, Expungement page
Automatic (clean slate) relief	Partly. Cases dismissed with prejudice or ending in acquittal on or after July 15, 2020 (other than traffic cases) are expunged automatically after 30 days, with no action needed from the person, unless the person files a written objection within 30 days. Kentucky does not have automatic clearing of convictions. Source: KRS 431.076(1)(a); Kentucky Court of Justice, Expungement page
Getting a copy of your criminal record	The Kentucky State Police Records Division provides name-based Kentucky adult criminal history checks (no fingerprints) by mail or walk-in, with the person's permission; the fee is $20 by check or money order payable to the KY State Treasurer, and mail requests take about 10 business days. The Records Division is temporarily at 1050 US 127, Frankfort, KY 40601 during renovation of its Louisville Road office; phone 502-227-8700. Request forms are on the KSP Background Check Forms page. KSP notes that the FBI separately lets members of the public obtain their own national criminal history for record review by fingerprints (IdentoGO locations in Kentucky). FBI Identity History Summary: https://www.fbi.gov/how-we-can-help-you/more-fbi-services-and-information/identity-history-summary-checks Source: Kentucky State Police, Background Checks

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