Expungement of charges and convictions

Expungement is a court order that removes a criminal record from court and agency files so that it no longer appears on official state background checks. Kentucky allows it for charges that ended without a conviction, for most misdemeanors and for many Class D felonies, the lowest felony class.

Acquittals and dismissed charges

If you were acquitted, or all charges were dismissed with prejudice (meaning they cannot be refiled) and not in exchange for a guilty plea to another charge, the court expunges the record automatically after 30 days. This covers orders entered on or after July 15, 2020, but not traffic infractions. Otherwise you may petition 60 days after the acquittal or dismissal. Charges dismissed without prejudice can be expunged by petition after one year for a misdemeanor or three years for a felony, and felony charges sent to a grand jury but never indicted after six months.

Misdemeanor convictions

You may petition to expunge a misdemeanor, violation or traffic infraction conviction, generally five years after completing your sentence or probation, whichever is later. The filing fee is $100. The judge must find that:

• The offense was not a sex offense or an offense against a child.
• You have no felony or misdemeanor conviction in the five years before filing.
• No felony or misdemeanor case is pending against you.
• The offense is not one that can still enhance a later charge.

Class D felony convictions

The statute lists many eligible Class D felonies, including drug possession, theft and forgery offenses. Other Class D felonies can qualify unless the offense was a sex offense, an offense against a child, an abuse of public office, a felony DUI or another excluded offense, or it caused serious bodily injury or death.

The same five-year wait applies, measured from the end of the sentence, probation or parole. There is a $50 filing fee, plus a $250 fee if the court grants the request, payable in installments. The prosecutor may object, and the judge may hold a hearing.

Certification, filing and effect

Every petition to expunge a conviction must include a certification of eligibility, prepared by the Administrative Office of the Courts and the Kentucky State Police. It costs $40 and expires in 30 days, according to the court system. File the petition with the circuit court clerk in the county where the charge was filed.

Once a record is expunged, courts and agencies delete it from their systems and answer any inquiry by saying no record exists. You need not disclose it on an application for a job, credit or anything else. Expunging a felony conviction also restores the right to vote, unless something else prevents it.