Expungement of acquittals, dismissals and charges not indicted (KRS 431.076) in Kentucky: which records can be cleared
Which records Kentucky lets you clear, who is not eligible and what changes after the court says yes.
Checked against official sources: October 25, 2026.
Short answer
In Kentucky it is called expungement (felonies, vacate and expunge): expungement deletes the record from court and agency computer systems so it does not appear on official state background checks. Some misdemeanor and felony convictions may be cleared, and Kentucky also clears some records automatically.
- Main remedy
- Expungement of acquittals, dismissals and charges not indicted (KRS 431.076)
- What it covers
- Charges that ended in acquittal, dismissal (not in exchange for a guilty plea to another charge), or felony charges held to the grand jury that never led to an indictment or information.
- Ways to clear a record
- 3
- Automatic relief
- Yes
Which records can be cleared in Kentucky
Expungement (felonies: vacate and expunge) — In Kentucky, expungement deletes the record from court and agency computer systems so it does not appear on official state background checks, and agencies answer that no record exists. For a felony, the court first vacates the conviction and dismisses the charge, then the records are expunged; prosecutors may keep a non-public copy for law enforcement use.
Kentucky has 3 ways to clear a record. Each covers different records and has its own waiting period.
Expungement of acquittals, dismissals and charges not indicted (KRS 431.076)
Charges that ended in acquittal, dismissal (not in exchange for a guilty plea to another charge), or felony charges held to the grand jury that never led to an indictment or information.
| Kind of case | Waiting period | Counted from |
|---|---|---|
Acquittal or dismissal with prejudice, petition | See the rule If your case was not expunged automatically, you can petition 60 days after the acquittal or dismissal with prejudice. | The order of acquittal or dismissal |
Felony charge not indicted | See the rule You can petition 6 months after the case was sent to the grand jury. | The District Court decision to hold the matter to the grand jury |
Felony charge dismissed without prejudice | 3 years You can petition 3 years after a felony charge was dismissed without prejudice. | The order of dismissal without prejudice |
Misdemeanor charge dismissed without prejudice | 1 year You can petition 1 year after a misdemeanor charge was dismissed without prejudice. | The order of dismissal without prejudice |
- Not eligible
- Dismissals in exchange for a guilty plea to another charge. Records held by the Department for Community Based Services are not expunged.
Law: KRS 431.076
Source: Official text
Misdemeanor, violation and traffic infraction expungement (KRS 431.078)
Misdemeanor, violation and traffic infraction convictions (one incident or several), plus dismissed or amended charges in the same case.
| Kind of case | Waiting period | Counted from |
|---|---|---|
Misdemeanor or violation conviction | 5 years You can file 5 years after you finish your sentence or probation. | Completion of your sentence or successful completion of probation, whichever is later |
- Not eligible
- Sex offenses; offenses committed against a child; offenses still subject to enhancement for a later offense. You must have no felony or misdemeanor conviction in the 5 years before you file and nothing pending.
Law: KRS 431.078; KRS 431.079
Source: Official text
Felony vacate and expunge (KRS 431.073)
Most Class D felonies (including a listed set of drug, theft, fraud and property offenses), multiple eligible Class D felonies, pre-1975 offenses punishable by up to 5 years, and any felony that received a full pardon.
| Kind of case | Waiting period | Counted from |
|---|---|---|
Class D felony conviction | 5 years You can apply 5 years after you finish your sentence, probation or parole. | Completion of your sentence or successful completion of probation or parole, whichever is later |
- Not eligible
- Class A, B and C felonies (unless pardoned); violations of KRS 189A.010 (DUI), 508.032 or 519.055; abuse of public office; sex offenses; offenses against a child; felonies that caused serious physical injury or death. You must have no felony or misdemeanor conviction in the 5 years before you apply and nothing pending.
Law: KRS 431.073; KRS 431.079
Source: Official text
What you can say afterwards
After expungement the proceedings are deemed never to have occurred; courts and agencies remove the records from official state background checks and reply that no record exists, and you do not have to disclose the record on applications for employment, credit or other purposes. After a felony vacate-and-expunge, your right to vote is restored if nothing else bars it.
Law: KRS 431.073(7), 431.076(6), 431.078(6)
Cannabis convictions in Kentucky
After a conviction for marijuana possession, the court may set aside and void the conviction once you satisfactorily complete treatment, probation or your sentence; the court then seals all records, and you need not disclose it on job, credit or other applications. The 5-year misdemeanor expungement wait does not apply to these cases.
Law: KRS 218A.1422; KRS 218A.276(8)-(10); KRS 431.078(2)
Automatic relief in Kentucky
- Law
- Automatic expungement of acquittals and dismissals with prejudice
- What is cleared
- If you are acquitted, or all criminal charges in a case are dismissed with prejudice (not in exchange for a guilty plea), the court orders the record expunged after 30 days without any action by you, unless you object. Traffic infractions are not included. Convictions are not expunged automatically.
- Started
- July 15, 2020
- Check your record
- Official status page
Law: KRS 431.076(1)(a)
Juvenile records in Kentucky
You can petition the juvenile court to vacate an adjudication and expunge the records 2 years after the court's jurisdiction ends or you are unconditionally released (the court can waive the wait in extraordinary cases); the court can also start it on its own. Sex crimes and violent-offender offenses cannot be expunged.
Law: KRS 610.330
Pardons in Kentucky
- Who decides
- The Governor
- How
- Submit the Governor's Application for Pardon or Commutation of Sentence, listing all charges and convictions, your work history and a letter explaining why you deserve a pardon. Applicants are told only if a pardon is granted. A full pardon makes any felony eligible to be vacated and expunged under KRS 431.073.
Law: Ky. Const. sec. 77; KRS 431.073(1)(c)
In nearby states
- Tennessee: Expunction (expungement)
- Indiana: Expungement (sealing) and "marked as expunged"
- Ohio: Sealing and expungement
- West Virginia: Expungement
Your next steps in Kentucky
Start with your record
Find out exactly what your record shows: every arrest, charge and outcome. Kentucky Court of Justice: Expungement Certification Process and forms and Kentucky Justice Online: Criminal Record Expungement.
Count the waiting period
Waiting periods differ by case and remedy. Waiting periods.
File with the court
The court decides each request. How to file.
Get help
Ask for free help: Kentucky Justice Online (statewide legal aid information and eligibility screening) and Department of Public Advocacy: Expungement.
Where to get free help in Kentucky
Questions about clearing a record in Kentucky
What does Kentucky call expungement?
Expungement (felonies: vacate and expunge). In Kentucky, expungement deletes the record from court and agency computer systems so it does not appear on official state background checks, and agencies answer that no record exists. For a felony, the court first vacates the conviction and dismisses the charge, then the records are expunged; prosecutors may keep a non-public copy for law enforcement use.
Which records can be cleared in Kentucky?
Expungement of acquittals, dismissals and charges not indicted: Charges that ended in acquittal, dismissal (not in exchange for a guilty plea to another charge), or felony charges held to the grand jury that never led to an indictment or information. Misdemeanor, violation and traffic infraction expungement: Misdemeanor, violation and traffic infraction convictions (one incident or several), plus dismissed or amended charges in the same case. Felony vacate and expunge: Most Class D felonies (including a listed set of drug, theft, fraud and property offenses), multiple eligible Class D felonies, pre-1975 offenses punishable by up to 5 years, and any felony that received a full pardon.
Will Kentucky clear my record on its own?
If you are acquitted, or all criminal charges in a case are dismissed with prejudice (not in exchange for a guilty plea), the court orders the record expunged after 30 days without any action by you, unless you object. Traffic infractions are not included. Convictions are not expunged automatically.
What about marijuana convictions in Kentucky?
After a conviction for marijuana possession, the court may set aside and void the conviction once you satisfactorily complete treatment, probation or your sentence; the court then seals all records, and you need not disclose it on job, credit or other applications. The 5-year misdemeanor expungement wait does not apply to these cases.
Are juvenile records sealed in Kentucky?
You can petition the juvenile court to vacate an adjudication and expunge the records 2 years after the court's jurisdiction ends or you are unconditionally released (the court can waive the wait in extraordinary cases); the court can also start it on its own. Sex crimes and violent-offender offenses cannot be expunged.
What changes after a record is cleared in Kentucky?
After expungement the proceedings are deemed never to have occurred; courts and agencies remove the records from official state background checks and reply that no record exists, and you do not have to disclose the record on applications for employment, credit or other purposes. After a felony vacate-and-expunge, your right to vote is restored if nothing else bars it.