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www.dpa.ky.gov
Disclaimer of Liability: This information is provided as a public service. The information is not legal advice or legal representation.
Clearing your criminal record through expungement can help you find a job, access
housing and educational support, and move on from a criminal charge
Expungement Guidebook
What is expungement?
In Kentucky, when you are charged with a crime or convicted of a crime, that
information stays on your criminal record. Expungement is the legal process of
completely removing an arrest, charge, or conviction from your record.
Why should I get an expungement?
If you get an expungement, all records relating to the charge or conviction are deleted.
It means that you can answer “NO” when asked on an application if you have been
convicted of a crime. This can help you find a job or a place to live.
How do I know if I’m eligible to get an expungement?
Only certain things can be removed from your record in Kentucky. You may be
eligible if:
You have misdemeanor or Class D felony convictions
You were acquitted or charges against you were dismissed
You received a pardon from the governor
Don't charges automatically fall off my record after 5 or 10 years?
No, convictions are never automatically expunged. Acquittals and dismissals with
prejudice which occur after July 2020 will be automatically expunged.
Before seeking an expungement, figure out if you are eligible under
Kentucky law by using the following flowcharts.
Clean Slate Kentucky is a free public service offered by the Kentucky Department of
Public Advocacy which provides information and training.
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www.dpa.ky.gov
Disclaimer of Liability: This information is provided as a public service. The information is not legal advice or legal representation.
Use this chart if you were convicted of a misdemeanor.
You can apply to expunge an unlimited number of misdemeanors, even if they were in
different cases or counties.
Are there any criminal charges currently pending against you?
YES You are not currently eligible for
expungement.
NO go to NEXT QUESTION
Were you convicted of a misdemeanor or felony in the past five years?
YES You are not currently eligible for
expungement.
NO go to NEXT QUESTION
Has five years passed since the completion of your sentence, including
payment of fines and probation?
NO You are not currently eligible.
YES go to NEXT QUESTION
Is the conviction for a sexual offense or an
offense against a child?
YES You are not eligible, consult with an attorney to confirm.
NO go to NEXT QUESTION
Was your offense subject to enhancement for a second or subsequent
offense?
YES You may be eligible, speak with an
attorney
NO You are eligible for expungement
You cannot have any
misdemeanor or felony
convictions on your record
for the five years before you
apply for expungement.
You must wait five years after
you complete your sentence,
pay any fines or fees, or
complete probation,
whichever is later.
At the completion of the
enhancement period, if other
conditions are met you will be
eligible for expungement.
You cannot have any pending
charges against you at the
time that you apply for
expungement.
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www.dpa.ky.gov
Disclaimer of Liability: This information is provided as a public service. The information is not legal advice or legal representation.
Use this chart if you were convicted of a Class D Felony.
Class C, B, A and Capital Offenses are not eligible for expungement.
Are there any criminal charges currently pending against you?
YES You are not currently eligible for expungement.
NO go to NEXT QUESTION
Were you convicted of a misdemeanor or felony in the past five years?
YES You are not currently eligible for expungement.
NO go to NEXT QUESTION
Has five years passed since the completion of your sentence, including
payment of fines and probation?
NO You are not currently eligible.
YES go to NEXT QUESTION
Did you receive a felony expungement after July 2019?
YES You are not eligible for a second felony expungement.
NO go to NEXT QUESTION
Is the Class-D felony listed on page 4-5 of this pamphlet?
YES You are eligible for expungement.
NO go to NEXT QUESTION
Is the Class-D felony a conviction for abuse of a public office, a sexual offense,
against a child, or an offense that resulted in serious bodily injury or death?
YES You are not eligible for expungement.
NO You are eligible for expungement, speak with an attorney.
Speak to an Attorney if you are seeking expungement of a more than one felony if
the felonies could be considered a “series” or arising out of a “single incident.”
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www.dpa.ky.gov
Disclaimer of Liability: This information is provided as a public service. The information is not legal advice or legal representation.
Class D Felonies eligible for expungement.
Statute Offense
218A.1415 Possession of controlled substance, 1st degree
530.050 Flagrant non support
516.060 Criminal possession of forged instrument, 2nd degree
514.030 Theft by unlawful taking
512.020 Criminal mischief, 1st degree
514.110 Receiving stolen property under $10,000
511.040 Burglary, 3rd degree
524.100 Tampering with physical evidence
516.030 Forgery, 2nd degree
514.040 Theft by deception under $10,000
514.160 Theft of identity
514.070 Theft by failure to make required disposition of property
218A.140 Prohibited acts relating to controlled substances
218A.140(1A) Attempting to obtain a prescription for a controlled substance by fraud or forgery
218A.140(1B) Making a false statement to procure a controlled substance
218A.140(1C) Use of false name or address to procure a controlled substance
218A.140(1D) Making a false statement regarding a prescription
218A.140(2) Possess, manufacture, sell, dispense, etc. a counterfeit substance
218A.140(3) Obtain a prescription without having formed a practitioner-patient relationship
218A.284 Criminal possession of a forged prescription
186.990 Theft of motor vehicle plates/decal
514.140 Theft of mail matter
218A.1418 Theft of controlled substance
218A.282 Forgery of a prescription for a controlled substance, 1st offense
218A.286 Theft, criminal possession, or trafficking of a prescription for controlled substance
514.060 Theft of services
217.181 Theft of a legend drug
514.150 Possession of stolen mail matter
218A.1423 Cultivation of marijuana
218A.1416 Possession of controlled substance in 2nd degree *ENH*
514.050 Theft of property lost, mislaid, or delivered by mistake
218A.1417 Possession of controlled substance in 3rd degree *ENH*
516.090 Possession of a forgery device
217.208 Forgery of a prescription for a legend drug, 1st offense
530.010 Bigamy
514.080 Theft by extortion
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www.dpa.ky.gov
Disclaimer of Liability: This information is provided as a public service. The information is not legal advice or legal representation.
Class D Felonies eligible for expungement.
Statute Offense
514.100 Unauthorized use of automobile or other propelled vehicle
17.175 Unauthorized use/dissemination/receipt of DNA info
217.207 Theft, criminal possession, or trafficking of a prescription for legend drug
218A.1439 Trafficking in or transferring a dietary supplement
528.020 Promoting gambling
244.165 Unlawful sale/shipment of alcoholic beverages by out-of-state seller
365.241 Counterfeiting intellectual property
434.155 Filing illegal lien
434.675 Use of scanning device or reencoder to obtain payment card information
434.872 Disclosure of information from financial information repository
514.065 Possession, use, or transfer of device for theft of telecommunication services
516.108 Criminal simulation in the first degree
525.113 Institutional vandalism
194A.505 False statement or misrepresentation to receive benefits under $100
False statement or misrepresentation to receive benefits under $100 (repealed in
194B.505 2005)
218A.320 Criminal possession of a medical record
218A.322 Theft of a medical record
218A.324 Criminal falsification of a medical record
218A.500 Possession of Drug Paraphernalia, 2
nd
or subsequent offense
286.11-057 False Statement/Certification in money transmission record
304.47-025 Felony offense involving dishonesty or breach of trust -Fraudulent Insurance Act
324.990 Engaging in real estate brokerage without license
434.850 Unlawful access to a computer in the second degree
514.090 Theft of labor
514.120 Obscuring identity of machine or other property
517.120 Operating a sham or front company
518.040 Sports bribery
522.040 Misuse of confidential information
526.020 Eavesdropping
526.030 Installing eavesdropping device
528.040 Conspiracy to promote gambling
528.050 Possession of gambling records in the first degree
Speak to an Attorney if you are seeking expungement of multiple Class-D felonies and your felonies are a "single
incident" or "series of felonies” OR received a felony expungement prior to July 2019 and are seeking expungement.
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www.dpa.ky.gov
Disclaimer of Liability: This information is provided as a public service. The information is not legal advice or legal representation.
Use this chart if you were convicted as a juvenile.
Was your juvenile conviction transferred to adult court?
YES See the felony expungement chart for eligibility.
NO go to NEXT QUESTION
Are there any criminal charges currently pending against you?
YES You are not currently eligible for expungement.
NO go to NEXT QUESTION
Has two years passed since release from DJJ or CHFS?
NO You are not currently eligible.
YES go to NEXT QUESTION
Is the conviction for a sex offense or violent offense?
YES You are not currently eligible for expungement.
NO go to NEXT QUESTION
Are you seeking expungement of a misdemeanor or violation?
NO You are eligible for expungement.
YES go to NEXT QUESTION for felony expungement.
If seeking a felony expungement, have you previously received a felony
expungement?
NO You are eligible for expungement.
YES You are likely not eligible, speak to an attorney.
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www.dpa.ky.gov
Disclaimer of Liability: This information is provided as a public service. The information is not legal advice or legal representation.
Acquittal, Dismissal & Failure to Indict.
A certificate of eligibility is NOT required.
Acquittal or Dismissal with Prejudice: automatic expungement after July 2020, meaning no
action required but you may file if expungement is not automatically granted. After 60-days from
dismissal/acquittal, file the Acquittal Form in the court of acquittal/dismissal. There is no fee.
Dismissal without Prejudice:
o Misdemeanor: Eligible for expungement after 1-year. There is no filing fee. File the
Dismissal Form in the court of dismissal.
o Felony: Eligible for expungement after 3-years. There is no filing fee. File the Dismissal
Form in the court of dismissal.
Failure to Indict: If you are charged with a felony in district court and after 6-months you have
not been indicted, you may file for expungement. There is no filing fee. File the “Failure to Indict”
Form in the court you were charged.
I think I’m eligible!
How do I get an expungement?
STEP 1: Get a Certificate of Eligibility (only needed for expungement of a conviction)
You must have a Certificate of Eligibility to request an expungement for any conviction.
A certificate of eligibility costs $40 and can be ordered online or by mail.
o Online: courts.ky.gov/expungement
o Mail: sending the “certification form” and a $40 money order to:
Records Unit / Administrative Office of the
Courts / 1001 Vandalay Drive / Frankfort, KY 40601
Your packet will confirm whether you are eligible to expunge your record. If the packet says you are
not eligible, there could be a mistake. You can always file as the Court ultimately decides eligibility.
We suggest you speak with an attorney.
STEP 2: File your packet and expungement request form with the court.
Once you receive your certification packet, you have 30 days to file your documents with the
court. After that time, your certification packet will expire.
You must file in the county where the conviction took place.
Misdemeanor: file the misdemeanor conviction expungement form, with certification packet, and a
filing fee of $100 per case ($50 refunded if not granted). A judge may schedule a hearing. If so, it
will be within 1-month of filing.
Class D Felony: file felony conviction expungement form, with certification packet, and a filing fee
of $50. If the judge scheduled a hearing, it will be within 1-month of filing.
o If granted, you must pay $250 for the expungement to become final. Payment plans are
available but the expungement is NOT FINAL until paid in full.
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www.dpa.ky.gov
Disclaimer of Liability: This information is provided as a public service. The information is not legal advice or legal representation.
Frequently Asked Questions
Can I expunge an acquittal or dismissal?
Yes. For details on how to apply for expungement and when you are eligible, please see the
paragraph at the top of page 7.
If I expunge my felony, will I be able to vote?
Your voting rights will be restored as long as you have no other felonies remaining on your record.
Persons who were convicted of non-violent felonies and have completed their sentence may be
entitled to automatic restoration of voting rights under Governor’s Order 2019-003. More
information at https://civilrightsrestoration.ky.gov/Pages/home.aspx. With both restoration of
rights and expunged felonies, you must register to vote: https://vrsws.sos.ky.gov/ovrweb/.
I got a pardon from the governor. Does that mean my record is clear?
No. After receiving a pardon, convictions will remain on your record, and you still must
acknowledge them. You may apply to expunge your pardoned convictions to completely remove
them from your record.
Can I expunge a federal conviction?
Currently, there is no procedure for expunging federal convictions.
What if I have convictions in different counties?
If you have convictions in different counties, you will need to file separately in each county as well
as paying the expungement fee in each county. You can use the same Certificate of Eligibility for
each.
How could an expungement affect my immigration status?
If you are not a United States citizen, speak with an immigration attorney before filing for
expungement. Expungement of your criminal case may be harmful to any current or future
immigration action.
Do I need an attorney?
You may file for expungement on your own, without an attorney. However, the law can be tricky!
We recommend speaking with an attorney from the Department of Public Advocacy or other
agencies or attorneys who provide information on expungement.
If you are seeking expungement of a Class D felony that does not appear on the list on pages 4-
5 of this pamphlet, or if you are seeking expungement of multiple Class-D felonies, it is
important to speak to an attorney.
