Kentucky Expungement Laws: KRS 431.073, 431.076, and 431.078 Explained
Kentucky Expungement Laws: KRS 431.073, 431.076, and 431.078 Explained
Kentucky law permits expungement of most Class D felony convictions under KRS 431.073, all qualifying misdemeanor and violation convictions under KRS 431.078, and all acquittals and dismissals with prejudice under KRS 431.076, giving eligible residents a formal path to a clear criminal record.
Information last verified on May 29, 2026. This article has not yet been reviewed by a licensed attorney.
Jurisdiction scope: This article covers expungement law in Kentucky only. Rules vary significantly by state. See the full guide to Expungement Laws by State for a national comparison.
Who Qualifies for Felony Expungement in Kentucky
Kentucky's felony expungement statute, KRS 431.073, was enacted through 2016 HB 40 (Acts ch. 094, signed April 12, 2016) and created the first pathway for Class D felony convictions to be cleared from a person's record. To qualify, the conviction must be a Class D felony that appears on the list of eligible offenses maintained by the Kentucky courts. The person must have completed the sentence, paid all fines and fees, and finished any probation or parole. No petition may be filed sooner than five years after whichever of those events occurred latest. At the time of filing, the person must have no pending misdemeanor or felony charges and no misdemeanor or felony convictions within the preceding five years. Convictions that are permanently excluded from eligibility under KRS 431.073 include DUI offenses under KRS 189A.010, fourth-degree assault, impersonating a peace officer, abuse of public office, sex offenses, offenses against children, and any offense that resulted in serious physical injury or death. A prior successful expungement under KRS 431.073 also bars a second petition under that section.
Acquittals, Dismissals, and the Automatic Expungement Rule
KRS 431.076 governs expungement of criminal charges that did not result in a conviction. This includes cases that ended in an acquittal, a dismissal with prejudice, or a felony charge that was referred to a grand jury but did not result in an indictment. Under 2020 HB 327 (Acts ch. 45, signed March 27, 2020, effective July 15, 2020), all acquittals and dismissals with prejudice entered on or after July 15, 2020, are automatically expunged 30 days after the final disposition of the case. Traffic cases are excluded from automatic expungement. The defendant has 30 days to file a written objection if they do not want automatic expungement to occur. For older acquittals and dismissals that predate July 15, 2020, a person may still file a petition for expungement under KRS 431.076. There is no filing fee for expungement of charges that were not indicted (form AOC-497.2). The same automatic rule applies to cases resolved through failure to indict by the grand jury after the July 15, 2020 effective date.
Misdemeanor and Violation Expungement Under KRS 431.078
KRS 431.078 provides a path to expunge qualifying misdemeanor convictions and violations from a Kentucky criminal record. The five-year waiting period runs from the later of: completion of the sentence, payment of all court costs and fines, or the end of any probationary period. The same disqualifying factors that apply to felony petitions apply here as well: no pending charges, no convictions within the five years preceding the petition, and the offense itself must be one the statute permits to be expunged. Sex offenses and offenses against children are excluded from misdemeanor expungement just as they are from felony expungement. When a person was convicted of multiple misdemeanor offenses arising out of the same incident, the court has discretion to expunge all of them together. The petition is filed with the Circuit Court Clerk in the county where the conviction was entered. KRS 431.079 governs the expungement of juvenile adjudications and operates on a separate procedural track from the adult misdemeanor statute.
The Step-by-Step Expungement Process
The felony expungement process in Kentucky follows a specific sequence before a court can act. The first step is to obtain an expungement certification from the Administrative Office of the Courts (AOC). The certification confirms whether a record is potentially eligible. It can be requested online at KYCourts.net, in person at the AOC drive-thru at 1001 Vandalay Drive in Frankfort (Monday through Friday, 8 a.m. to 4 p.m. Eastern), or by mail using form RU-009. The certification fee is $40. Once the certification packet is received, the petitioner files the Application to Vacate and Expunge Felony Conviction (form AOC-496.3) with the Circuit Court Clerk in the county where the conviction occurred. The $50 non-refundable filing fee is due at the time of filing. The clerk serves the petition on the prosecutor's office. The Commonwealth has 60 days to object. If no objection is filed, the court may grant the expungement without a hearing. If an objection is filed, a hearing is scheduled. Upon approval, the court enters an Order to Vacate and Expunge, and the AOC coordinates removal of the record from court systems and notifies the Kentucky State Police.
Fee History and Cost Breakdown
When Kentucky enacted felony expungement through 2016 HB 40, the original expungement fee was $500. Senate Floor Amendment 3 to HB 40, which would have reduced that fee to $250, was defeated before the bill was signed; HB 40 was enacted with the $500 fee intact. The fee was later reduced by 2019 SB 57 (Acts ch. 188, signed March 26, 2019, effective June 26, 2019), which split the charge into a $50 non-refundable filing fee due at the time of filing and a $250 expungement fee due only if the court grants the petition. Under the current fee structure established by SB 57, the felony expungement process involves three separate charges. The AOC charges $40 for the expungement certification, which is a prerequisite to filing. The Circuit Court Clerk collects a $50 non-refundable filing fee when the petition is submitted. If the court approves the expungement, a $250 expungement fee becomes due, and Kentucky law permits payment in installments. The total cost when all fees are paid is $340. There is no filing fee for expungement of charges that were never indicted under KRS 431.076. For misdemeanor expungements under KRS 431.078, petitioners should confirm the current fee with the Circuit Court Clerk in their county, as court costs may apply separately from the certification fee.
Legal Effect of a Kentucky Expungement
When a Kentucky court enters an Order to Vacate and Expunge under KRS 431.073 or KRS 431.078, the legal consequences are significant. The conviction is vacated, meaning it is treated as if it never occurred. All records related to the charge and conviction are deleted from court systems and law enforcement databases. The Kentucky State Police receives notification to remove the record. Under Kentucky law, a person whose record has been expunged may lawfully state on any application for employment, for a license, or for credit that no such arrest, charge, or conviction ever took place. The expunged record cannot be introduced as evidence in a civil suit or administrative proceeding alleging negligent hiring or licensing, a protection also established by the 2016 HB 40 legislation. Voting rights are restored to eligible persons upon expungement. The expunged record is not destroyed and remains accessible to courts in limited circumstances, such as for sentencing purposes if the person is later convicted of another offense.
Disclaimer: This article describes Kentucky expungement law as it existed and was verified on May 29, 2026. Kentucky statutes can change through legislative sessions. Nothing in this article is legal advice. Individual eligibility depends on the specific facts of your case. Consult a licensed Kentucky attorney before filing any expungement petition.
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Sources
The following official government sources were used to research and verify the Kentucky expungement laws described in this article.
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RecordingLaw.com provides legal information, not legal advice. Laws change. Verify current statutes at apps.legislature.ky.gov and kycourts.gov before relying on any information here.