How to Clear Your Criminal Record in Kentucky

What You Need to Know First

Kentucky felony expungement vacates the conviction. When a Class D felony is expunged in Kentucky, the original conviction is vacated and the charges are dismissed — not merely sealed. Records are deleted from computer systems and agencies must respond to any inquiry that no record exists. You can legally deny the conviction on job, housing, and credit applications.

2023 expansion — multiple felonies now eligible: Effective June 29, 2023, Kentucky law was amended to allow expungement of multiple qualifying Class D felony offenses — not just one. If you previously thought you couldn't expunge all your Class D felonies, check your eligibility again under the updated law.

Certificate of Eligibility required for conviction expungements. Before filing a petition to expunge a conviction, you must obtain a Certificate of Eligibility from the Kentucky State Police (KSP). This $40 certificate confirms you meet the statutory requirements. It expires in 30 days — don't request it until you're ready to file. Processing currently takes approximately 4–5 months.

Kentucky has three main expungement pathways depending on how your case was resolved and the type of offense.

Non-Conviction / Dismissed

FREE — AUTOMATIC AFTER JULY 2020

Acquittals and dismissals with prejudice after July 15, 2020 are automatically expunged 30 days after the case closes. Pre-2020 cases and dismissals without prejudice require a petition. No filing fee. No KSP Certificate required.

Misdemeanor Convictions

$100 FEE — 5 YEAR WAIT

Most misdemeanor, violation, and traffic convictions are eligible after 5 years. KSP Certificate required. No new convictions during waiting period. DUI misdemeanors eligible after 10 years. Most misdemeanors qualify.

Class D Felony Convictions

$50 + $250 FEE — 5 YEAR WAIT

Most Class D felony convictions — Kentucky's lowest felony level — can be vacated and expunged after 5 years. KSP Certificate required. Conviction is actually vacated, not just sealed. Multiple Class D felonies now eligible under 2023 law.

What Can — and Can't — Be Expunged

ELIGIBLE FOR EXPUNGEMENT

Acquittals (post-July 2020) — automatic, 30 days after case closes
Dismissals with prejudice (post-July 2020) — automatic
Pre-2020 acquittals and dismissals — petition after 60 days
Most misdemeanor convictions — after 5 years
DUI misdemeanor convictions — after 10 years
Most Class D felony convictions — after 5 years
Multiple Class D felonies from same incident — single petition
Multiple qualifying Class D felonies (2023 law) — now eligible
Any felony pardoned by the Governor — petition after pardon
Drug possession — "void and seal" under KRS 218A.275/276

NOT ELIGIBLE FOR EXPUNGEMENT

Class A, B, or C felony convictions
Violent offenses
Sex offenses
Offenses against children
Felony DUI (KRS 189A.010)
Domestic assault (KRS 508.032)
Impersonating a peace officer (KRS 519.055)
Offenses involving serious bodily injury or death
Abuse of public office
New felony or misdemeanor conviction during 5-year waiting period
Pending felony or misdemeanor charges

Waiting Periods

Waiting periods run from the completion of all sentence conditions — including probation, parole, and payment of all fines. No new felony or misdemeanor convictions may occur during the waiting period. Violations and traffic infractions do not count as a bar.

Acquittal / dismissal with prejudice (post-July 2020)

Automatic

Pre-2020 acquittal / dismissal with prejudice

60 days

Misdemeanor conviction

5 years

Class D felony conviction

5 years

DUI misdemeanor conviction

10 years

How to File — Step by Step

For conviction expungements — get the KSP Certificate first. You cannot file a petition to expunge a conviction without a Certificate of Eligibility from the Kentucky State Police. Processing takes approximately 4–5 months. The certificate costs $40, is valid for 30 days after you receive it, and must be included with your petition when you file.

1

Request Your KSP Certificate of Eligibility

Apply online at the Kentucky Court of Justice expungement portal at kycourts.gov. Pay the $40 fee. The AOC and KSP review your criminal history and issue a certificate stating whether you are eligible. Processing currently takes 4–5 months — plan ahead. Once you receive the certificate, you have 30 days to file your petition.

2

Download the Correct AOC Form

Get the correct form from the Kentucky Court of Justice at kycourts.gov. Use AOC-496.3 for felony vacatur and expungement, AOC-496.2 for misdemeanor expungement, or RU-009 for the Certificate of Eligibility application. If you cannot afford the filing fee, also download the Motion to Proceed In Forma Pauperis (IFP) to request a fee waiver.

3

File in the County Where You Were Convicted

File your petition as a motion in the original criminal case with the Circuit Court Clerk in the county where the conviction occurred. Pay the filing fee — $50 for felony, $100 for misdemeanor. Include your KSP Certificate of Eligibility. The clerk assigns the petition to the original criminal case.

4

Commonwealth's Attorney Review

The Commonwealth's Attorney has 60 days to respond. If they do not respond within 120 days or indicate no objection, no hearing is required and the court may grant the petition. If the prosecutor objects, the court schedules a hearing within 120 days of filing. Come prepared with evidence of rehabilitation and employment.

5

Pay the $250 Expungement Fee and Order Is Issued

If the court grants a felony expungement, an additional $250 fee is assessed. This fee can be paid in installments over 18 months — but the conviction will not actually be expunged until the fee is paid in full. Once paid, the court issues the order directing all agencies to delete records from their systems. There is no additional $250 fee for misdemeanor expungements.

Official Forms

Kentucky Courts — Expungement Forms and Portal

Official AOC expungement forms, Certificate of Eligibility application, and expungement portal

Visit kycourts.gov →

KSP — Certificate of Eligibility

Apply for your KSP Certificate of Eligibility — required for all conviction expungements

Visit kentuckystatepolice.ky.gov →

ExpungeKY.com — Free Self-Help Tool

Free petition preparation tool and FAQ for Kentucky expungements — includes auto-generated IFP form

Visit expungeky.com →

Find Your County Circuit Court

Find the Circuit Court Clerk in the county where your conviction occurred to file your petition

Visit kycourts.gov →

Helpful Resources

FREE LEGAL HELP

Legal Aid Society of Louisville

Free civil legal help including expungement clinics — Louisville area and statewide referrals

laslou.org →

FREE LEGAL HELP

Kentucky Legal Aid

Free civil legal help for low-income Kentuckians statewide — including expungement guidance

klaid.org →

FREE EXPUNGEMENT CLINICS

Goodwill Industries of Kentucky

Free expungement clinics in Louisville — help with KSP certification fees and petition preparation

goodwillky.org →

HOUSING, FOOD & BENEFITS

findhelp.org

Search thousands of free and reduced-cost programs for housing, food, work, and more in your area

findhelp.org →

JOB SEARCH HELP

American Job Centers

Free job search assistance, resume help, and training — including resources for people with records

careeronestop.org →

SELF-HELP TOOL

ExpungeKY.com

Free Kentucky expungement FAQ, eligibility guidance, and petition preparation tool

expungeky.com →

Frequently Asked Questions

What does "vacated and expunged" mean — is it better than just sealing? +

Yes — Kentucky's felony expungement is stronger than sealing in most states. When a Class D felony is vacated and expunged in Kentucky, the original conviction is vacated (undone), the charges are dismissed, and records are deleted from computer systems. All agencies — courts, law enforcement, KSP — must respond to any inquiry that no record exists. You can legally deny the conviction on employment, credit, and other applications. The record is not merely hidden from the public — it is officially treated as if it never happened.

The KSP says I'm ineligible but I think I should qualify — what can I do? +

The KSP Certificate of Eligibility is not binding on the court — it is KSP's assessment of eligibility, not a final legal determination. If you believe you were incorrectly denied, consult a Kentucky expungement attorney. Attorneys with expungement experience regularly challenge KSP eligibility determinations and have success overturning incorrect denials. The certificate denial does not close the door on your petition if you have legal grounds to proceed.

Can a DUI be expunged in Kentucky? +

Misdemeanor DUI convictions can be expunged in Kentucky — but not after the standard 5-year wait. Because DUI is an enhanceable offense with a 10-year lookback window, you must wait 10 years from sentence completion before filing. Felony DUI convictions are permanently ineligible for expungement under KRS 431.073. If your DUI was dismissed or resulted in acquittal, the normal non-conviction rules apply.

Can I expunge multiple felonies? +

Yes — as of June 29, 2023, Kentucky law was amended to allow expungement of multiple qualifying Class D felony offenses. Before 2023 you were limited to one felony expungement per lifetime. Multiple Class D felonies arising from a single incident could always be expunged together in a single petition. Under the 2023 expansion, additional qualifying Class D felonies from separate incidents may also be eligible. Consult a Kentucky attorney to analyze your specific case under the updated law.

My case was acquitted or dismissed — was it automatically expunged? +

If your felony or misdemeanor case ended in an acquittal or a dismissal with prejudice (not as part of a plea deal) after July 15, 2020, the court should have automatically expunged it 30 days after the case closed — no action needed from you. Check your Kentucky court record to verify. If your case predates July 15, 2020, you need to file a petition — but there is no filing fee and no KSP Certificate required. Cases dismissed without prejudice are not eligible for this automatic process.

Do I need an attorney? +

Not required — ExpungeKY.com has a free petition preparation tool and the Kentucky courts provide self-help forms. For straightforward misdemeanor expungements, many people file successfully on their own. For Class D felony expungements, cases involving the KSP denying your certificate, or situations with multiple felonies, working with a Kentucky expungement attorney is strongly recommended. The 4–5 month KSP processing time plus the 30-day certificate expiration window requires careful timing that an attorney can help coordinate.

After Your Record Is Expunged

After expungement in Kentucky, records are deleted from computer systems and all agencies must respond that no record exists. You can legally deny the conviction on employment, housing, and credit applications.

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Employment

Expunged records are deleted from Kentucky state systems and will not appear on official Kentucky background checks. You can legally deny the conviction on most private employment applications. Law enforcement employers and certain licensed professions may retain access. Kentucky's fair chance hiring practices limit when some employers can ask about criminal history.

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Voting Rights

Kentucky's expungement law explicitly addresses civil rights restoration. Expungement of a Class D felony conviction may restore voting rights. Under KRS 431.073(7), the expungement and vacatur can extend to restoration of civil rights. Contact the Kentucky Secretary of State's office to confirm voter registration eligibility after expungement.

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Gun Rights

Kentucky expungement of a felony vacates the conviction — but federal firearms law still applies independently. The restoration of firearms rights after a felony in Kentucky is complex and depends on both state and federal law. Consult a licensed Kentucky attorney before purchasing or possessing a firearm if you have any felony conviction history.

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Background Check Databases

Kentucky state agencies delete records from their systems after expungement and must report no record exists. Private background check companies compliant with the Fair Credit Reporting Act must not report expunged records — but non-compliant databases may still show them. Keep your expungement order and dispute any records that still appear.

For general information about what changes after expungement — including housing, employment resources, and more — visit our After Expungement page.