Kentucky Expungement & Record Sealing Guide

Who Qualifies for Expungement in Kentucky?

Kentucky expanded its expungement law in 2016 and again in subsequent years to include Class D felonies — a significant expansion. Kentucky uses a petition-based process with no automatic sealing.

Who Qualifies

• Class D felony convictions — after 5 years from completion of sentence (including probation/parole), with no new felony convictions
• Misdemeanor convictions — after 5 years from conviction, with no new misdemeanor or felony convictions
• Violations — after 5 years
• Dismissed charges / acquittals — eligible immediately with no waiting period
• Diversion completions — eligible upon completion

Not Eligible

• Class A, B, or C felonies
• Sex offenses requiring registration
• Offenses against children
• DUI convictions (generally excluded)
• Traffic offenses resulting in death or serious injury
• Any person currently on probation, parole, or serving a sentence

Step-by-Step: How to Clear Your Record in Kentucky

1. Request your criminal record — Obtain from the Kentucky State Police (KSP) Administrative Records Unit.
2. File the petition — In the court of conviction (District Court for misdemeanors/violations; Circuit Court for felonies). Filing fee varies: $100 for violations, $250 for misdemeanors, $500 for felonies.
3. Prosecutor review — The Commonwealth's Attorney or County Attorney has 60 days to object.
4. Hearing — If objected to, a hearing is scheduled. For felonies, courts often hold a hearing regardless.
5. Order issued — If granted, KSP and all agencies must expunge the record within 60 days.

Waiting Periods

• Dismissed / acquitted / diversion: No waiting period
• Violations, misdemeanors, Class D felonies: 5 years from sentence completion

Costs

• Violation filing fee: $100
• Misdemeanor filing fee: $250
• Felony filing fee: $500
• Attorney fees: $500–$2,000

Kentucky legal aid organizations offer free expungement clinics. Visit klaid.org for assistance.

What Record Clearing Does (and Doesn't) Do in Kentucky

After a successful expungement or sealing in Kentucky, your record will generally be cleared from:

• Most private employer background checks
• Rental housing background checks
• Most licensing board inquiries (varies by profession)

However, it typically does not affect:

• Federal law enforcement and immigration records
• Military background checks
• Applications for law enforcement positions
• Some professional licensing boards (law, medicine, teaching — varies by state)
• Sex offender registry requirements (in most cases)

Disclaimer: This information is for general educational purposes only and does not constitute legal advice. Laws change frequently. Consult a licensed attorney in Kentucky for advice specific to your situation.