Expunging a Criminal Record in Kentucky (2026)
Reviewed by DocDraft Legal Team · Kentucky · Last updated August 19, 2026
There is no general federal expungement of state convictions, so clearing a Kentucky record runs entirely on state law. Kentucky calls its relief expungement, which destroys the record rather than merely sealing it. Charges that ended without a conviction can be expunged under KRS 431.076, and acquittals and dismissals with prejudice are now expunged automatically. Qualifying misdemeanors and violations can be expunged five years after you complete the sentence under KRS 431.078, and most Class D felony convictions can be vacated and expunged five years after completion under KRS 431.073. Petitions are filed in the Kentucky court that handled the case, and the Kentucky State Police Records Division updates the state repository.
Find out where you stand in Kentucky
What are you trying to clear?
DocDraft provides document preparation, not legal advice.
What record-clearing relief does Kentucky offer and what is it called?
Kentucky calls its relief expungement, which destroys the record instead of merely sealing it from public view. Charges that ended without a conviction are expunged under KRS 431.076, qualifying misdemeanors under KRS 431.078, and eligible Class D felony convictions under KRS 431.073. Once granted, you may lawfully treat the matter as never having occurred.
What is eligible and what is the waiting period to expunge a record in Kentucky?
Non-convictions have no waiting period and acquittals and dismissals with prejudice are now expunged automatically. Most misdemeanors and violations become eligible five years after you complete the sentence, probation, or parole under KRS 431.078, and most Class D felonies five years after completion under KRS 431.073, with no new offense during the wait.
Can you expunge a felony conviction in Kentucky?
Yes, but only Class D felonies. Since June 27, 2019, most Class D felony convictions can be vacated and expunged five years after you complete the sentence under KRS 431.073. Class A, B, and C felonies and capital offenses cannot be expunged unless first pardoned, and certain Class D felonies are excluded by statute.
Does Kentucky have automatic 'clean slate' expungement?
Partly. Kentucky automatically expunges acquittals and dismissals with prejudice entered on or after July 15, 2020, thirty days after final disposition under KRS 431.076, unless you object. There is no automatic clean-slate sealing for convictions, so misdemeanor and Class D felony convictions still require a petition after the five-year wait.
Kentucky Expungement: Non-Convictions, Misdemeanors, and Eligible Class D Felonies
Kentucky offers true expungement, which destroys the record, rather than sealing. Charges that ended without a conviction, including acquittals, dismissals with prejudice, and felony charges the grand jury declined to indict, are cleared under KRS 431.076, and acquittals and dismissals with prejudice entered on or after July 15, 2020, are now expunged automatically thirty days after final disposition unless the person objects. Qualifying misdemeanors and violations become eligible five years after you complete the sentence, probation, or parole under KRS 431.078, with a $100 filing fee, using form AOC-496.2 filed in District Court. Effective June 27, 2019, most Class D felony convictions can be vacated and expunged five years after completion under KRS 431.073, using the Application to Vacate and Expunge Felony Conviction filed with the Circuit Court Clerk; the fee is a $50 nonrefundable filing fee plus a $250 expungement fee if granted, and the court must allow at least 18 months to pay it in installments. Sex offenses, offenses against a child, Class A, B, and C felonies, and capital offenses cannot be expunged, and certain Class D felonies are excluded under KRS 431.073(1)(d). The Kentucky State Police Records Division maintains the state repository and updates the record once the court orders expungement.
Relevant Laws
Expungement of Misdemeanors and Violations (KRS 431.078)
Allows expungement of qualifying misdemeanor, violation, and traffic-infraction convictions five years after completion of the sentence, probation, or parole, with no intervening offense. The filing fee is $100 and sex offenses and offenses against a child are excluded.
Vacate and Expunge Eligible Class D Felonies (KRS 431.073)
Effective June 27, 2019, permits most Class D felony convictions to be vacated and expunged five years after completion of the sentence. Certain Class D felonies are excluded under subsection (1)(d), and the fee is a $50 filing fee plus a $250 expungement fee if granted.
Expungement of Non-Convictions and Automatic Relief (KRS 431.076)
Covers acquittals, dismissals with prejudice, and charges the grand jury declined to indict, with no waiting period or fee. Acquittals and dismissals with prejudice entered on or after July 15, 2020, are expunged automatically thirty days after final disposition unless the person objects.
No General Federal Expungement of State Records
There is no general federal law that expunges a Kentucky state conviction; record-clearing is set by Kentucky statute and administered by Kentucky courts and the Kentucky State Police. Kentucky class A, B, and C felonies and capital offenses cannot be expunged unless first pardoned by the Governor.
Regional Variances
Kentucky Expungement Eligibility Table
Relief type and name
Kentucky offers expungement, which destroys the record rather than sealing it, and for felonies operates as a vacate-and-expunge. Charges are cleared under KRS 431.076 (non-convictions), KRS 431.078 (misdemeanors and violations), and KRS 431.073 (eligible Class D felonies). The Kentucky State Police Records Division updates the state repository after the court orders relief.
Non-convictions (KRS 431.076)
Acquittals, dismissals with prejudice, and felony charges the grand jury declined to indict are eligible with no waiting period and no fee. Acquittals and dismissals with prejudice entered on or after July 15, 2020, are expunged automatically thirty days after final disposition unless the person files a written objection.
Misdemeanors and violations (KRS 431.078)
Most misdemeanor and violation convictions are eligible five years after completion of the sentence, probation, or parole, with no new offense during the wait. The petition, form AOC-496.2, is filed in District Court with a $100 filing fee. Sex offenses and offenses against a child are excluded.
Class D felonies (KRS 431.073)
Effective June 27, 2019, most Class D felony convictions can be vacated and expunged five years after completion of the sentence. The Application to Vacate and Expunge is filed with the Circuit Court Clerk; the cost is a $50 nonrefundable filing fee plus a $250 expungement fee if granted, payable over at least 18 months. Certain Class D felonies are excluded under KRS 431.073(1)(d).
Excluded offenses and clean-slate status
Class A, B, and C felonies, capital offenses, sex offenses, and offenses against a child cannot be expunged unless first pardoned. Kentucky has automatic expungement only for eligible non-convictions under KRS 431.076; misdemeanor and Class D felony convictions require a petition after the five-year wait, so there is no full clean-slate auto-sealing of convictions.
Suggested Compliance Checklist
Confirm the offense class and five-year waiting period
Before you file days after startingDetermine whether your record is a non-conviction (KRS 431.076), a misdemeanor or violation (KRS 431.078), or a Class D felony (KRS 431.073), and confirm you have completed the five-year wait for a conviction with no intervening offense. Verify the offense is not excluded, such as a sex offense, an offense against a child, or a higher-class felony.
Obtain your criminal history and eligibility certification
Before you file days after startingPull your Kentucky criminal history to confirm charges, disposition dates, and county. For a Class D felony, request the expungement certification from the Administrative Office of the Courts confirming eligibility before filing the application with the Circuit Court Clerk.
Prepare the correct Kentucky petition or application
Before the filing date days after startingComplete form AOC-496.2 for a misdemeanor or violation, or the Application to Vacate and Expunge Felony Conviction for an eligible Class D felony, or the corresponding non-conviction petition under KRS 431.076. Confirm you are using the current AOC version and that all case numbers and charges are accurate.
File in the correct court and pay or arrange the fee
On the filing date days after startingFile a misdemeanor petition in the District Court where the case was heard with the $100 fee, or a Class D felony application with the Circuit Court Clerk with the $50 filing fee plus the $250 expungement fee due if granted. Ask the court about the installment plan, which must allow at least 18 months to pay the felony fee.
Track notice, any hearing, and the record update
After filing until the order is entered days after startingConfirm the Commonwealth's Attorney and any victim received notice, respond to any objection, and attend a hearing if one is set. After the judge signs the order, obtain certified copies and verify the Kentucky State Police Records Division and the court clerk removed the record. An attorney can help if the petition is contested or the eligibility is close.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm the offense class and five-year waiting period | Determine whether your record is a non-conviction (KRS 431.076), a misdemeanor or violation (KRS 431.078), or a Class D felony (KRS 431.073), and confirm you have completed the five-year wait for a conviction with no intervening offense. Verify the offense is not excluded, such as a sex offense, an offense against a child, or a higher-class felony. | - | Before you file |
| Obtain your criminal history and eligibility certification | Pull your Kentucky criminal history to confirm charges, disposition dates, and county. For a Class D felony, request the expungement certification from the Administrative Office of the Courts confirming eligibility before filing the application with the Circuit Court Clerk. | - | Before you file |
| Prepare the correct Kentucky petition or application | Complete form AOC-496.2 for a misdemeanor or violation, or the Application to Vacate and Expunge Felony Conviction for an eligible Class D felony, or the corresponding non-conviction petition under KRS 431.076. Confirm you are using the current AOC version and that all case numbers and charges are accurate. | - | Before the filing date |
| File in the correct court and pay or arrange the fee | File a misdemeanor petition in the District Court where the case was heard with the $100 fee, or a Class D felony application with the Circuit Court Clerk with the $50 filing fee plus the $250 expungement fee due if granted. Ask the court about the installment plan, which must allow at least 18 months to pay the felony fee. | - | On the filing date |
| Track notice, any hearing, and the record update | Confirm the Commonwealth's Attorney and any victim received notice, respond to any objection, and attend a hearing if one is set. After the judge signs the order, obtain certified copies and verify the Kentucky State Police Records Division and the court clerk removed the record. An attorney can help if the petition is contested or the eligibility is close. | - | After filing until the order is entered |
Frequently Asked Questions
It depends on the type. A misdemeanor or violation petition under KRS 431.078 carries a $100 filing fee. A Class D felony expungement under KRS 431.073 costs a $50 nonrefundable filing fee plus a $250 expungement fee if the court grants it, and the court must allow at least 18 months to pay in installments. Non-conviction expungements under KRS 431.076 have no fee.
After you file, the Commonwealth's Attorney and any victim receive notice and typically have a set period to object. If no one objects, a judge may sign the order without a hearing, often within a few months. A contested case takes longer because the court schedules a hearing. The Kentucky State Police then update the state repository.
Kentucky expungement destroys the record, and you may lawfully deny it occurred for most purposes. However, the effect is not always absolute: law enforcement, the courts, and some licensing or regulatory bodies may retain limited access under specific statutes, and federal immigration authorities are not bound by a state expungement. Ask about your specific license before relying on it.
Generally yes. Once a Kentucky court expunges a conviction, the law treats the proceedings as never having occurred, so you may answer that you were not charged or convicted on most job and housing applications. Narrow exceptions exist for certain sensitive positions, so if an application specifically asks about expunged records for a regulated role, seek guidance before answering.
A misdemeanor DUI can be expunged only if it qualifies as an eligible misdemeanor under KRS 431.078 and you meet the five-year wait with no new offense; note that a prior DUI stays on your driving history for lookback purposes even if expunged from the criminal record. A felony DUI follows the Class D felony rules under KRS 431.073 and only if not otherwise excluded.
Other Kentucky guides
Ready to Draft Your Document?
Get AI-powered legal documents with attorney review included. Plans start at $39.99/mo.