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Expungement, vacate and expunge, or void and seal in Kentucky

Can I clear my record in Kentucky?

Kentucky lets people expunge most misdemeanors and most Class D felonies (the lowest felony class) by petition, generally 5 years after the sentence is finished and with no new convictions in the past 5 years.

Limited automatic clearing

How did your case end?

Pick the one that matches. We'll show the routes Kentucky law offers for it, with the wait and the cost.

Pick an answer above to see your routes, waits and costs.

At a glance

Acquittals and charges dismissed with prejudice since July 15, 2020 are expunged automatically after 30 days, and other dismissals can be expunged by a free petition. Convictions are never cleared automatically. A felony expungement costs $340 in all, and a court can waive the court fees, but not the $40 eligibility certificate, for people who can't afford them.1,2,3,4

Checked October 22, 2026 against 34 sources, starting with Kentucky law, then by a second reader.

What it's called
Expungement, vacate and expunge, or void and seal1,2,3
Automatic clearing
Limited, since July 15, 20205,16,25
DUI or DWI
Sometimes1,13,28
Filing fee
$0 to $1001,2,3
Fee waiver
Available1,2,3

Expungement

Felony expungement (vacate and expunge)

The court vacates the conviction and dismisses the charges with prejudice. Once the fees are paid, the court and other agencies delete the records from their computer systems so the case does not appear on official state background checks, and they reply to any inquiry that no record exists. You do not have to disclose the expunged record on an application for employment, credit or anything else, and if nothing else bars you, your right to vote is restored (KRS 431.073(5), (7)). The prosecutor may keep a nonpublic record for law enforcement purposes only, and the order is not a finding of innocence (KRS 431.073(4)(c), (8)). The Administrative Office of the Courts keeps an index of expungement orders that is open only to people preparing future eligibility certificates and to the Kentucky Law Enforcement Council when it checks police officer qualifications (KRS 431.074).1,2,3

What it's for: Most Class D felonies, and any conviction for which the governor granted a full pardon.

Who can use it

  • A Class D felony on the statute's list, or a series of listed Class D felonies from a single incident. The list includes theft offenses, receiving stolen property, third-degree burglary, first-degree criminal mischief, second-degree forgery, possession of a controlled substance, marijuana cultivation, drug paraphernalia, identity theft, tampering with physical evidence and flagrant nonsupport (KRS 431.073(1)(a)-(b); Kentucky AOC list).
  • Any other Class D felony, or an offense before January 1, 1975 punishable by no more than 5 years, unless it is excluded below. Several such felonies can be expunged together (KRS 431.073(1)(d)). For this route, if the prosecutor objects, you or your lawyer must attend a hearing where you must prove by clear and convincing evidence that expungement fits public safety, your behavior since the conviction and the interests of justice, and the court must find you are rehabilitated and pose no significant threat of reoffending (KRS 431.073(4)-(5)).
  • Any conviction for which you received a full pardon from the governor (KRS 431.073(1)(c)). The DPA says this covers all classes of misdemeanors and felonies.
  • You have no felony or misdemeanor conviction in the 5 years before you file, and no felony or misdemeanor case is pending or being brought against you (KRS 431.073(5)(a)-(b)).
  • Starting April 30, 2027, the new Class D felony of making a false statement or entry in records required under Kentucky's virtual currency kiosk law (KRS 286.13-150) will be added to the list. The separate Class C felony for running an unlicensed kiosk business is not added (2026 Ky. Acts ch. 126, secs. 29, 31 and 34).

What doesn't qualify

  • Class C, B and A felonies and capital offenses, unless you have a full pardon (KRS 431.073(1); DPA).
  • Under the general Class D route: DUI (KRS 189A.010), felony fourth-degree assault (KRS 508.032), impersonating a peace officer (KRS 519.055), abuse of public office, sex offenses, offenses committed against a child, and offenses that caused serious bodily injury or death (KRS 431.073(1)(d)).
  • Anyone convicted of a felony or misdemeanor in the 5 years before filing, or with a pending case (KRS 431.073(5)).

How long you have to wait

RecordWaiting period
Class D felony or pardoned conviction5 years after you complete the sentence, or 5 years after you successfully complete probation or parole, whichever is laterYou also need 5 years with no new felony or misdemeanor conviction before filing (KRS 431.073(2)(a), (5)(a)).

How to apply

  1. Get an expungement eligibility certificate from the Administrative Office of the Courts and Kentucky State Police for $40, online, at the AOC drive-thru window in Frankfort, or by mail with form AOC-RU-009. The certificate is valid for 30 days. If it says you are not eligible, you can still file, because only a judge decides (Kentucky AOC; DPA).
  2. Within 30 days, file the Application to Vacate and Expunge Felony Conviction (AOC-496.3) with the certificate and the $50 filing fee at the Circuit Court clerk's office in the county where you were convicted. It is filed as a motion in the original criminal case. List every agency that may have records. If you can't afford the fees, also file AOC-026, Motion for Waiver of Costs and Fees.
  3. The clerk notifies the prosecutor, who has 60 days to respond. If the prosecutor doesn't object, or doesn't respond within 120 days, the court may grant the application without a hearing (KRS 431.073(2), (6)).
  4. If the prosecutor objects, the court holds a hearing, and any victim may be heard (KRS 431.073(3)-(4)).
  5. If granted, pay the $250 expungement fee, in installments if needed. The expungement is not final, and the record stays public, until it is paid in full (KRS 431.073(7), (11); DPA).
Where to file
The Circuit Court clerk in the county where you were convicted, as a motion in the original criminal case.
Cost
$40 for the eligibility certificate (AppalReD says online requests add $2.50), a $50 non-refundable filing fee, and a $250 expungement fee if the court grants the application, for $340 in total. The $250 can be paid in installments; the court sets a payment deadline at least 18 months out, and no one can be jailed for failing to finish the plan (KRS 431.073(10)-(11); Kentucky AOC). Convictions in different counties need separate filings and fees, but one certificate can be used for each (DPA).
If you can't pay
You can ask to file without paying. File AOC-026, Motion for Waiver of Costs and Fees, with your application. Under KRS 453.190, a court must let a "poor person" go forward without paying costs. That means income at or below the Kentucky Supreme Court's indigency scale, or being unable to pay without going without food, shelter or clothing, shown by a motion with your affidavit. In Jones v. Commonwealth, 636 S.W.3d 503 (Ky. 2021), the Kentucky Supreme Court held that this applies to both the $50 filing fee and the $250 expungement fee (DPA). The judge decides whether you qualify. The $40 certificate fee can't be waived (DPA). If the waiver is denied, you have 30 days to pay or appeal (AppalReD).
Court hearing
Sometimes
How long it takes
Getting the eligibility certificate takes about 4 to 5 months on average, according to the Kentucky State Police. After you file, the prosecutor has 60 days to respond (this can be extended for good cause), and a hearing is to be held no later than 120 days after filing. For the general Class D route, if the prosecutor objects, the hearing is set within 120 days of the objection (KRS 431.073(2), (4)(a)).

Official forms

Expungement

Misdemeanor, violation and traffic infraction expungement

The proceedings are deemed never to have occurred. The court and other agencies delete the records so the case does not appear on official state background checks, you and the court may reply that no record exists, and you do not have to disclose it on an application for employment, credit or anything else. Afterward, the court lets the records be inspected only at your request (KRS 431.078(6), (9)).13,14,15

What it's for: Misdemeanor, violation and traffic infraction convictions, along with any dismissed or amended charges in the same case.

Who can use it

  • A misdemeanor, violation or traffic infraction conviction, or a series of them from one incident. If the conditions are met, the court must order the records expunged (KRS 431.078(1)(a), (4)).
  • A series of misdemeanors, violations or infractions from different incidents; here the court may order expungement (KRS 431.078(1)(b), (5)). The DPA says there is no limit on the number of misdemeanors you can expunge, though each case needs its own petition.
  • You have no felony or misdemeanor conviction in the 5 years before filing, and no felony or misdemeanor case is pending against you (KRS 431.078(4)(b)-(c)).
  • The offense can no longer be used to increase the penalty for a later offense: either it isn't subject to enhancement, or the enhancement period has run out (KRS 431.078(4)(d)). For DUI, that period is 10 years (DPA).
  • Only Kentucky offenses qualify (KRS 431.078(10)).

What doesn't qualify

  • Sex offenses and offenses committed against a child (KRS 431.078(4)(a)).
  • Convictions still inside an enhancement period. The DPA warns that some misdemeanors, such as trafficking, cultivation and unauthorized use of a motor vehicle, can be enhanced with no time limit, which can block expungement.
  • Anyone convicted of a felony or misdemeanor in the past 5 years, or with a pending case.

How long you have to wait

RecordWaiting period
Misdemeanor, violation or traffic infraction5 years after you complete the sentence or probation, whichever is laterKRS 431.078(2).
DUI (misdemeanor)At least 5 years after the sentence, and until the 10-year DUI enhancement period has runKRS 431.078(4)(d); KRS 189A.010(5); DPA.
Drug possession conviction voided under KRS 218A.275(8) or 218A.276(8)No 5-year waitKRS 431.078(2); AOC-496.2.

How to apply

  1. Get the $40 eligibility certificate from the Administrative Office of the Courts (online, drive-thru or mail). It is valid for 30 days.
  2. File the Petition for Expungement (AOC-496.2) with the certificate and the $100 filing fee at the Circuit Court clerk's office in the county where you were convicted. Use a separate petition for each case, list every charge you want expunged, list any victims and agencies, and sign it before a notary or the clerk. If you can't afford the fee, also file AOC-026.
  3. The statute says the court sets a hearing at least 30 days after filing and notifies the county attorney and any victim (KRS 431.078(3)). The DPA says a judge may schedule a hearing, so ask the clerk whether you need to appear.
  4. If granted, copies of the order go to each agency named in it (KRS 431.078(8)).
Where to file
The Circuit Court clerk in the county where you were convicted (the petition goes to the court that convicted you).
Cost
$100 filing fee per case, of which the first $50 is non-refundable; the DPA says the other $50 is refunded if the petition isn't granted (KRS 431.078(7)). The eligibility certificate costs another $40.
If you can't pay
You can ask to file without paying. File AOC-026, Motion for Waiver of Costs and Fees, with the petition. Under KRS 453.190, a court must let a "poor person" go forward without paying costs, and the judge decides whether you qualify (DPA). If the waiver is denied, you have 30 days to pay or appeal (AppalReD). The $40 certificate fee can't be waived (DPA).
Court hearing
Sometimes
How long it takes
Getting the eligibility certificate takes about 4 to 5 months on average, according to the Kentucky State Police. Any hearing is set no sooner than 30 days after filing (KRS 431.078(3)).

Official forms

Expungement

Expungement of acquittals, dismissals and charges not indicted

All criminal records held by the court and other agencies, including law enforcement, are expunged, except records held by the Department for Community Based Services. The proceedings are deemed never to have occurred, official state background checks show no record, agencies reply that no record exists, and you do not have to disclose the case on an application for employment, credit or anything else (KRS 431.076(4), (6)). Agencies must certify within 60 days that they have expunged their records.5,16,17

What it's for: Acquittals, charges dismissed (not in exchange for a guilty plea to another charge), and felony charges in District Court that never led to an indictment.

Who can use it

  • Acquittals, and dismissals with prejudice of all charges in a case, entered on or after July 15, 2020: the court orders the records expunged automatically after 30 days unless you object (KRS 431.076(1)(a)).
  • Acquittals and dismissals (not in exchange for a guilty plea to another charge) that weren't expunged automatically, including older cases: petition the court that decided the case; if the petition is properly brought, the court must grant it (KRS 431.076(1)(b), (3)(a)).
  • Felony charges filed in District Court that have not led to an indictment or information: petition the District Court 6 months after the case was held to the grand jury. If the prosecutor doesn't respond within 90 days, or no indictment issues within 90 days after a response, the court dismisses the charges without prejudice and orders them expunged (KRS 431.076(1)(c), (3)(b)).

What doesn't qualify

  • Charges dismissed in exchange for a guilty plea to another charge (KRS 431.076(1)).
  • Traffic infractions not classified as misdemeanors are excluded from automatic expungement (KRS 431.076(1)(a)); the AOC says traffic cases are excluded from its automatic process.
  • Records held by the Department for Community Based Services are not expunged under this section (KRS 431.076(4)).

How long you have to wait

RecordWaiting period
Acquittal or dismissal with prejudice on or after July 15, 2020Automatic after 30 daysYou can object in writing within 30 days if you don't want it expunged (Kentucky AOC).
Acquittal or dismissal with prejudice not expunged automatically60 days after the acquittal or dismissalKRS 431.076(2)(a).
Misdemeanor charge dismissed without prejudice1 year after the dismissalKRS 431.076(2)(c).
Felony charge dismissed without prejudice3 years after the dismissalKRS 431.076(2)(c).
Felony charge in District Court never indicted6 months after the District Court held the case for the grand juryKRS 431.076(2)(b).

Some records clear automatically. Since July 15, 2020, acquittals and dismissals with prejudice of all charges in a case are expunged automatically 30 days later, with no action needed from you. The order goes to you or your lawyer, the county or Commonwealth's attorney, the Kentucky State Police, the arresting agency and the local jail; if another agency needs it, tell the court within 60 days. The Kentucky State Police notifies federal agencies (KRS 431.076(1)(a); Kentucky AOC). Other dismissals and older cases need a petition.

How to apply

  1. If your case should have been expunged automatically but wasn't, or it is an older case or a dismissal without prejudice, file AOC-497.2, Petition for Expungement (For Acquittal, Dismissal, or Failure to Indict), in the court that decided the case. Use one petition per case and list every agency that may have records.
  2. No eligibility certificate and no filing fee are needed (DPA; Kentucky AOC).
  3. For felony charges that were never indicted, the petition is served on the county and Commonwealth's attorneys, who have 90 days to respond (KRS 431.076(3)(b)).
Where to file
The court where the case was decided (District or Circuit Court), through the Circuit Court clerk.
Cost
No filing fee and no eligibility certificate (DPA; Kentucky AOC).
How long it takes
Automatic expungement happens 30 days after the acquittal or dismissal; agencies must certify within 60 days of the order that they have expunged their records (KRS 431.076(1)(a), (4)).

Official forms

Set-aside

Voiding and sealing of drug possession convictions

The court sets aside and voids the conviction and issues a certificate saying so. The voided conviction doesn't count as a conviction for legal disqualifications or disabilities, and the court orders all records sealed, including law enforcement records (except as KRS 27A.099 allows). Agencies then reply that no record exists, and you do not have to disclose the case on an application for employment, credit or anything else (KRS 218A.275(8)-(10); KRS 218A.276(8)-(10)). A voided conviction can then be expunged under KRS 431.078 without the usual 5-year wait (KRS 431.078(2)).13,18,19

What it's for: A first conviction for possession of a controlled substance, and convictions for possession of marijuana, synthetic drugs or salvia.

Who can use it

  • A first-time conviction for possession of a controlled substance in the first, second or third degree (KRS 218A.1415, 218A.1416, 218A.1417), after you satisfactorily complete treatment, probation or another sentence. The court may void it, and this can happen only once (KRS 218A.275(8)).
  • A conviction for possession of marijuana (KRS 218A.1422), synthetic drugs (KRS 218A.1430) or salvia (KRS 218A.1451), after you satisfactorily complete treatment, probation or another sentence; the court may void it (KRS 218A.276(8)).

What doesn't qualify

  • A second voiding of a controlled-substance possession conviction (KRS 218A.275(8)).
  • Anyone who previously had a possession charge dismissed after deferred prosecution under KRS 218A.14151 (KRS 218A.275(12)).

How long you have to wait

RecordWaiting period
Eligible drug possession convictionAfter you complete treatment, probation or the sentenceVoiding is up to the court. After it is voided, an expungement petition under KRS 431.078 has no 5-year wait.

How to apply

  1. Ask the court that sentenced you to void the conviction after you complete treatment, probation or the sentence; the DPA calls this the void and seal process.
  2. If the court voids the conviction, it orders the records sealed on an AOC form, and agencies must certify within 60 days that they have sealed them (KRS 218A.275(9); KRS 218A.276(9)).
  3. To have the records expunged as well, file AOC-496.2 and check the box for a conviction voided under KRS 218A.275(8) or 218A.276(8).
Where to file
The court that sentenced you.
Cost
We found no separate fee for voiding. A later expungement petition under KRS 431.078 costs $100 plus the $40 certificate.
How long it takes
Agencies must certify sealing within 60 days of the order (KRS 218A.275(9); KRS 218A.276(9)).

Official forms

Expungement

Expungement for human trafficking survivors

All records of the offense are expunged under the general expungement statutes. A court finding that your participation resulted from being trafficked counts as a dismissal with prejudice for expungement purposes (KRS 529.160(3)).4,20

What it's for: Prostitution-related charges or convictions, and other non-violent charges or convictions, that were a direct result of being a victim of human trafficking.

Who can use it

  • You were charged with or convicted of a prostitution-related offense under KRS Chapter 529, or of an offense that is not a violent crime under KRS 17.165, and the court finds your participation was a direct result of being a victim of human trafficking (KRS 529.160(1)).
  • No official determination or documentation is required, but documentation from a federal, state, local or tribal government agency showing you were a victim at the time creates a presumption in your favor (KRS 529.160(3)(c)).

What doesn't qualify

  • Violent crimes as defined in KRS 17.165 (KRS 529.160(1)).

How long you have to wait

RecordWaiting period
Charge or conviction resulting from trafficking60 days after the final judgmentKRS 529.160(2).

How to apply

  1. File a motion to expunge in the court where the charges were filed. The motion, any hearing and any relief follow KRS 431.076, 431.078 and 431.079 unless KRS 529.160 says otherwise (KRS 529.160(3)(a)).
Where to file
The court where the charges were filed.
Cost
The statute applies the general expungement rules (KRS 431.076, 431.078 and 431.079). Because a finding counts as a dismissal with prejudice, the no-fee route for dismissals may apply, but KRS 431.079 requires an eligibility certificate (which costs $40) with any petition to expunge a conviction. We found no official guidance on fees for this motion.

Dismissal

Pretrial diversion (dismissed-diverted)

When you complete a pretrial diversion agreement, the charges are listed as "dismissed-diverted" and are not a criminal conviction. You do not have to list the disposition on any application for employment, licensure or anything else unless federal law requires it, and diversion records can't be used as evidence in court without your consent (KRS 533.258). The records are not destroyed by this alone.17,21,22

What it's for: Class D felony charges resolved through a pretrial diversion agreement.

Who can use it

  • People charged with a Class D felony who, in the 10 years before the offense, were not convicted of a felony, on probation or parole, or released from a felony sentence (KRS 533.250(1)(a)).
  • You must enter an Alford plea or a guilty plea as a condition of diversion, and you can't receive pretrial diversion more than once in 5 years (KRS 533.250(1)(c), (f)).
  • The Commonwealth's attorney makes a recommendation and the court approves or disapproves (KRS 533.250(6)).

What doesn't qualify

  • Sex crimes as defined in KRS 17.500, and offenses for which probation, parole or conditional discharge is barred by KRS 532.045 (KRS 533.250(1)(b), (d)).

How long you have to wait

RecordWaiting period
Completed pretrial diversionNone; the dismissal happens when you complete the agreement

Happens automatically. Completing the diversion agreement leads to the "dismissed-diverted" listing without a separate petition (KRS 533.258(1)). We found no official source saying whether a dismissed-diverted case can then be expunged under KRS 431.076, and the AOC's petition form for dismissals (AOC-497.2) doesn't mention diverted cases, so ask a DPA or legal aid lawyer.

How to apply

  1. Apply in writing to the trial court and the Commonwealth's attorney for pretrial diversion while the felony charge is pending (KRS 533.250(1)(e)), usually through your lawyer.
  2. Complete every condition of the agreement. The court assesses a supervision fee, which can be waived for indigency (KRS 533.250(7)).
Where to file
The Circuit Court handling the felony charge.
Cost
A diversion supervision fee set by the court, which may be based on ability to pay (KRS 533.250(7)).
If you can't pay
You can ask to file without paying. The court may waive the supervision fee for indigency (KRS 533.250(7)).

Certificate of relief

Certificate of employability (Department of Corrections)

It does not clear the record. For occupational licenses that require good moral character, a valid certificate creates a rebuttable presumption that you have good moral character, unless the conviction requires sex offender registration (KRS 335B.020(3)). In a negligent-hiring claim, it may be a defense for an employer that knew about it, unless the employer knew or should have known you shouldn't be hired for that job because of your history, and it can be used as evidence of due care (KRS 196.281(9)). It does not lift sex offender registration, driver's license suspensions, limits on working as a prosecutor or police officer, or health-care license actions for substance use disorder, and it is revoked if you are convicted of a new felony (KRS 196.281(4)-(5)).23,24

What it's for: People leaving a Kentucky correctional facility who earned education, program or work credits and passed a job skills assessment.

Who can use it

  • While incarcerated you earned an educational, program completion or work-for-time credit, or completed the KCTCS Prison Education Program; or before incarceration you earned a high school equivalency diploma, high school diploma, college degree or vocational certification (KRS 196.281(3)(a)).
  • You had no major disciplinary violations in the year before release (KRS 196.281(3)(b)).
  • You reached a qualifying score on the department's job skills assessment, or received a KCTCS Prison Education Program certificate, diploma or degree (KRS 196.281(3)(c)).

Happens automatically. The Department of Corrections issues the certificate at release when you meet the requirements; there is no court petition (KRS 196.281(3)-(4)).

How to apply

  1. Ask your facility's staff about the certificate; the department must tell incoming prisoners how to earn one (KRS 196.281(10)).
  2. Employers can ask the department to confirm whether a certificate is valid (KRS 196.281(7)).
Where to file
Kentucky Department of Corrections, at release.
Cost
The statute doesn't mention a fee.
Court hearing
No

Automatic clearing

Kentucky automatically expunges acquittals and dismissals with prejudice of all charges in a case, entered on or after July 15, 2020, 30 days after the decision unless the person objects (KRS 431.076(1)(a), added by 2020 Ky. Acts ch. 45). Convictions are never expunged automatically. Bills to create automatic felony expungement were filed in 2025 (HB 257) and 2026 (HB 718) but stalled in the House Judiciary Committee, and a 2026 Senate bill for automatic expungement of eligible misdemeanor and felony convictions (SB 290) stopped after its second reading on March 20, 2026.5,16,25,26,27

DUI and DWI records in Kentucky

A misdemeanor DUI conviction can be expunged under KRS 431.078, but only once the 10-year DUI enhancement period has run, in addition to the usual 5-year wait after the sentence and 5 years with no new conviction (KRS 431.078(4)(d); KRS 189A.010(5); DPA). The DPA cites Commonwealth v. Jackson (Ky. 2017), which applied the longer 10-year look-back period to expungement. Felony DUI is excluded from the general Class D felony route and is not on the list of eligible felonies (KRS 431.073(1)), so it can be expunged only after a full pardon. A DUI charge that was dismissed or ended in acquittal can be expunged under KRS 431.076. The statute keeps only traffic infractions that aren't misdemeanors out of automatic expungement, but the AOC says its automatic process excludes traffic cases, so if a dismissed or acquitted DUI wasn't cleared automatically, file form AOC-497.2 (no fee) 60 days or more after the dismissal or acquittal. We did not confirm how expungement affects Transportation Cabinet driving records.1,5,6,13,15,28

Arrests and dismissed charges

Acquittals and dismissals with prejudice of all charges in a case, on or after July 15, 2020, are expunged automatically after 30 days unless you object (KRS 431.076(1)(a)). If that didn't happen, or the case is older, you can petition with form AOC-497.2 60 days after the acquittal or dismissal, at no cost and with no eligibility certificate. Charges dismissed without prejudice can be expunged after 1 year (misdemeanors) or 3 years (felonies), and felony charges that were never indicted can be expunged 6 months after the case was sent to the grand jury (KRS 431.076(1)-(2); DPA). Dismissals in exchange for a guilty plea to another charge don't qualify. Completing pretrial diversion results in a "dismissed-diverted" listing that is not a conviction and need not be listed on most applications (KRS 533.258).15,16,21

Marijuana records

Kentucky has no marijuana-specific expungement law that we found, but two general routes apply. A court may void a conviction for possession of marijuana (KRS 218A.1422) after you complete treatment, probation or the sentence, and then seal the records (KRS 218A.276(8)-(10)); a voided conviction can be expunged under KRS 431.078 without the 5-year wait. Marijuana possession convictions can otherwise be expunged as misdemeanors 5 years after the sentence (KRS 431.078), and marijuana cultivation (KRS 218A.1423) is on the list of Class D felonies eligible for expungement (KRS 431.073(1)(a)). The DPA warns that misdemeanor cultivation and trafficking carry lifetime enhancement, which can block expungement.1,6,13,19

What employers can see afterward

After any expungement, you do not have to disclose the record on an application for employment, credit or anything else, and agencies reply that no record exists (KRS 431.073(7), 431.076(6), 431.078(6)). The same applies to drug possession convictions that were voided and sealed (KRS 218A.275(10), 218A.276(10)), and a completed pretrial diversion need not be listed on applications for employment or licensure unless federal law requires it (KRS 533.258(2)). An index of felony and misdemeanor expungement orders remains available to the Kentucky Law Enforcement Council for checking police officer qualifications (KRS 431.074). For public employment with the state or local governments and for occupational licenses, a conviction alone can't disqualify you unless it directly relates to the job or license, and the decision-maker must consider factors such as time passed and rehabilitation (KRS 335B.020). We found no Kentucky statute limiting when private employers may ask about criminal records. A Department of Corrections certificate of employability may give employers a defense to negligent-hiring claims (KRS 196.281(9)).1,3,13,16,21,23,24

Free help in Kentucky

Before you file

  • You can ask a background screening company for the information it has on you, and the CFPB keeps a list of consumer reporting companies, including employment screening companies, with their contact details.30,31,32
  • The FCRA's seven-year limit does not apply to criminal convictions, so under federal law a conviction can show up on a background report no matter how old it is.33,34

This page explains Kentucky's rules in general terms from the law and official court sources. It isn't legal advice, and laws change. A legal aid office or the court's self-help center can tell you whether your own record qualifies.

Spot something out of date? Tell us at contact@secondchanceindex.com.

Cite this page

Second Chance Index, "Can I clear my record in Kentucky?" https://secondchanceindex.com/record-clearing/kentucky, checked October 22, 2026.

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Sources

Each source was opened and checked on October 22, 2026.

  1. KRS 431.073
  2. KRS 431.073 (effective April 30, 2027; amended by 2026 Ky. Acts ch. 126)Kentucky General Assembly (Legislative Research Commission)
  3. KRS 431.074, Index of expungement ordersKentucky General Assembly (Legislative Research Commission)
  4. KRS 431.079, Certification of eligibility for expungementKentucky General Assembly (Legislative Research Commission)
  5. Expungement Certification ProcessKentucky Court of Justice, Administrative Office of the Courts
  6. Guide to Expungement in Kentucky (The Advocate, 2nd ed., May 2024)Kentucky Department of Public Advocacy
  7. Expungement Quick-Reference Guidebook (updated 11/30/2023)Kentucky Department of Public Advocacy
  8. Expungement Self Help Guide (with packet of AOC forms)AppalReD Legal Aid
  9. 2026 RS SB 189 (Acts ch. 126): regulation of digital asset business; amends KRS 431.073Kentucky General Assembly
  10. 2026 Ky. Acts ch. 126 (SB 189), secs. 29, 31 and 34 (new Class D and Class C kiosk felonies; KRS 431.073 amendment; effective April 30, 2027)Kentucky General Assembly
  11. KRS 453.190, "Poor person" defined; when allowed to sue without paying costsKentucky General Assembly (Legislative Research Commission)
  12. Expungements (certification processing time)Kentucky State Police
  13. KRS 431.078
  14. AOC-496.2, Petition for Expungement (Misdemeanor, Violation, or Traffic Infraction Conviction), Rev. 7-16Kentucky Court of Justice
  15. Expungement (Clean Slate Kentucky)Kentucky Department of Public Advocacy
  16. KRS 431.076
  17. AOC-497.2, Petition for Expungement (For Acquittal, Dismissal, or Failure to Indict), Rev. 7-20Kentucky Court of Justice
  18. KRS 218A.275(8)-(12); KRS 218A.276(8)-(11)
  19. KRS 218A.276, Possession of marijuana, synthetic drugs or salvia: voiding of conviction and sealing of recordsKentucky General Assembly (Legislative Research Commission)
  20. KRS 529.160
  21. KRS 533.250; KRS 533.258
  22. KRS 533.250, Pretrial diversion programKentucky General Assembly (Legislative Research Commission)
  23. KRS 196.281 (amended by 2026 Ky. Acts ch. 64, effective July 15, 2026); KRS 335B.020(3)
  24. KRS 335B.020, Disqualification from public employment or occupational license because of prior convictionKentucky General Assembly (Legislative Research Commission)
  25. 2025 RS HB 257 (automatic felony expungement; last action to Judiciary (H), Feb. 7, 2025)Kentucky General Assembly
  26. 2026 RS HB 718 (automatic nonviolent felony expungement; last action to Judiciary (H), March 3, 2026)Kentucky General Assembly
  27. 2026 RS SB 290 (automatic expungement of eligible misdemeanor and felony convictions; last action 2nd reading, to Rules, March 20, 2026)Kentucky General Assembly
  28. KRS 189A.010 (DUI penalties within a ten-year period)Kentucky General Assembly (Legislative Research Commission)
  29. KRS Chapter 431 (table of sections, showing two versions of KRS 431.073)Kentucky General Assembly (Legislative Research Commission)
  30. List of consumer reporting companiesConsumer Financial Protection Bureau
  31. What Employment Background Screening Companies Need to Know About the Fair Credit Reporting ActFederal Trade Commission
  32. Employer Background Checks and Your RightsFederal Trade Commission
  33. 15 U.S. Code § 1681c - Requirements relating to information contained in consumer reportsLegal Information Institute, Cornell Law School (U.S. Code text)
  34. Advisory Opinion to Nadell (12-10-98)Federal Trade Commission (staff advisory opinion)