Clearing a DUI From Your Record in Kentucky
Whether a DUI or DWI conviction can be expunged or sealed in Kentucky, and what to do instead if it can't.
Short 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. KRS 431.073(1)(d); KRS 431.078(4)(d); KRS 189A.010(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 |
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| 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. |
Where to get help in Kentucky
More Kentucky expungement & criminal records
- Getting a Copy of Your Kentucky Criminal Record
- Expunging or Sealing a Felony in Kentucky
- How to File for Expungement in Kentucky
- Sealing or Expunging Juvenile Records in Kentucky
- All Kentucky expungement & criminal records rules
FAQ
Can a DUI be expunged in Kentucky?
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.
How do you file for expungement in Kentucky?
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.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.