How long you wait to clear a record in Kentucky
The Kentucky waiting periods case by case, with a helper that adds the wait to your date.
Checked against official sources: October 25, 2026.
Short answer
In Kentucky you wait a set time before you can ask. The time depends on the case.
- Main remedy
- Expungement of acquittals, dismissals and charges not indicted (KRS 431.076)
- Waiting periods
- Acquittal or dismissal with prejudice, petition: If your case was not expunged automatically, you can petition 60 days after the acquittal or dismissal with prejudice, counted from the order of acquittal or dismissal
Felony charge not indicted: You can petition 6 months after the case was sent to the grand jury, counted from the District Court decision to hold the matter to the grand jury
Felony charge dismissed without prejudice: 3 years, counted from the order of dismissal without prejudice
Your earliest date in Kentucky
Pick your kind of case and the date the waiting period runs from. We add the waiting period from the law; nothing else.
Waiting periods: 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
Waiting periods: 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
Waiting periods: 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
Automatic relief in Kentucky
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.
July 15, 2020
Law: KRS 431.076(1)(a)
In nearby states
- Tennessee: Dismissed, nolle prosequi, no true bill, or not guilty: No waiting period, counted from dismissal or verdict
- Indiana: Arrest, charge dismissed or acquitted (petition): 1 year, counted from the date of arrest, charge or juvenile allegation, whichever is later
- Ohio: Found not guilty or case dismissed: No waiting period, counted from the not-guilty finding or dismissal
Your next steps in Kentucky
Find your dates
Your court papers show when the case ended and when your sentence was done.
Read the full rule
Exclusions and new offenses can matter more than the wait.
File when you are ready
After the wait, the next step is the petition. How to file.
Talk to legal aid
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 waiting periods in Kentucky
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.
How long do I have to wait in Kentucky?
Acquittal or dismissal with prejudice, petition: If your case was not expunged automatically, you can petition 60 days after the acquittal or dismissal with prejudice, counted from the order of acquittal or dismissal; Felony charge not indicted: You can petition 6 months after the case was sent to the grand jury, counted from the District Court decision to hold the matter to the grand jury; Felony charge dismissed without prejudice: 3 years, counted from the order of dismissal without prejudice; Misdemeanor charge dismissed without prejudice: 1 year, counted from the order of dismissal without prejudice.
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.
Who helps for free in Kentucky?
Kentucky Justice Online (statewide legal aid information and eligibility screening) and Department of Public Advocacy: Expungement.