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. The version in force today is the one amended by 2023 Ky. Acts ch. 87, effective June 29, 2023, and the Legislative Research Commission publishes it with the notation (Effective until April 30, 2027). The eligibility rules below govern only until that date, so anyone reading this afterward should open the current statute before relying on them.

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 permanently excluded from eligibility under KRS 431.073(1)(d) are DUI offenses under KRS 189A.010, felony assault of a family member or member of an unmarried couple under KRS 508.032, impersonating a peace officer under KRS 519.055, abuse of public office, sex offenses, offenses committed against a child, and any offense that resulted in serious bodily injury or death. Plain assault in the fourth degree is a different statute: KRS 508.030 makes it a Class A misdemeanor, it is not a felony at all, and it does not appear on the KRS 431.073 exclusion list. KRS 508.032 reaches fourth-degree assault only as a Class D felony enhancement for a third or subsequent offense against a family member or member of an unmarried couple within five years.

KRS 431.073 sets no cap on how many times a person may seek felony expungement. Under KRS 431.074(3), however, the Administrative Office of the Courts keeps an index of expungement orders, and a person preparing an eligibility certification may access a prior KRS 431.073 expungement and include information from it in that certification.

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, and that order requires no action by the person. Traffic infractions not otherwise classified as misdemeanors are excluded from automatic expungement. The defendant has 30 days to object 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(1)(b). There is no filing fee for expungement of charges that were not indicted (form AOC-497.2).

Automatic expungement under KRS 431.076(1)(a) reaches only acquittals and dismissals with prejudice. It does not reach a felony charge that was filed in District Court and never resulted in an indictment by the grand jury or an information filed by the Commonwealth's attorney. That situation falls under KRS 431.076(1)(c), which requires the person to petition the District Court where the charges were filed. Under KRS 431.076(2)(b) the petition may be filed no sooner than six months after the District Court decision to hold the matter to the grand jury. Under KRS 431.076(3)(b) the petition is served on the county and Commonwealth's attorneys, who have 90 days to respond, after which the court dismisses the charges without prejudice and orders the records expunged if no indictment has issued. A non-indicted felony charge does not clear itself, so a person in that position has to file.

Misdemeanor and Violation Expungement Under KRS 431.078

KRS 431.078 provides a path to expunge qualifying misdemeanor convictions, violations, and traffic infractions from a Kentucky criminal record, including charges that were dismissed or amended in the same criminal action. The five-year waiting period runs from the later of completion of the person's sentence or successful completion of probation.

Before ordering expungement, the court must make four findings under KRS 431.078(4): the offense was not a sex offense or an offense committed against a child; the person had no felony or misdemeanor conviction in the five years before the petition was filed; no felony or misdemeanor proceeding is pending or being instituted against the person; and the offense is not one subject to enhancement for a second or subsequent offense, or the time for that enhancement has expired. That last requirement is easy to overlook and it is a real bar.

The two pathways then differ in one important way. For a single misdemeanor, violation, or traffic infraction, or a series of them arising from a single incident, KRS 431.078(4) says the court shall order the records expunged once those findings are made. For a series that did not arise from a single incident, KRS 431.078(5) says the court may order expungement on the same findings, which makes that second pathway discretionary rather than mandatory. The petition is filed with the clerk of the court in which the conviction was entered, and the statutory filing fee is $100.

KRS 431.079(1) requires that every petition or application seeking expungement of a conviction include a certification of eligibility from the Department of Kentucky State Police and the Administrative Office of the Courts. That requirement is tied to convictions. It does not attach to a non-conviction expungement under KRS 431.076, so an acquittal, a dismissal, or a charge that was never indicted needs no eligibility certification. KRS 431.079(3) names KRS 431.073, 431.076, and 431.078 together only to define what the word expungement means. Neither section addresses juvenile adjudications. Kentucky juvenile-record expungement is governed by a separate chapter, KRS Chapter 610.

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. 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 a notice of filing on the Commonwealth's attorney or county attorney that prosecuted the case. That office has 60 days to file a response. If the response states no objection, or if 120 days pass with no response from the prosecutor or the victim, KRS 431.073(6) allows the court to vacate the judgment without a hearing. If an objection is filed, a hearing is scheduled. When the prosecutor's office objects, have a Kentucky criminal defense lawyer explain in a free consultation how they would answer the objection at that hearing (attorney advertising). 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 27, 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, the felony expungement process involves two statutory charges. 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 under KRS 534.020. The total statutory cost confirmed by KRS 431.073 is $300. There is no filing fee for expungement of charges that were never indicted under KRS 431.076. For misdemeanor expungements under KRS 431.078, the filing fee is a statutory $100, though court costs may apply separately.

Legal Effect of a Kentucky Expungement

When a Kentucky court enters an Order to Vacate and Expunge under KRS 431.073, the conviction is vacated, any charges eligible for expungement are dismissed with prejudice, and the records are ordered expunged once the $250 expungement fee is paid in full. Records held by the court and by other agencies, including law enforcement, are deleted or removed from their computer systems so the matter does not appear on official state-performed background checks, and those agencies must reply to any inquiry that no record exists. Under KRS 431.073(7), the person does not have to disclose the record or any matter relating to it on an application for employment, credit, or any other type of application. If the person is not prohibited from voting for some other reason, the ability to vote is restored and the person may register.

KRS 431.073(8) sets limits on what the order means. Vacating a conviction does not extend or revive an expired statute of limitations, does not constitute a finding of legal error in the proceedings that led to the conviction, does not nullify any findings of fact or conclusions of law, and is not a finding of innocence.

The record is also not erased everywhere. KRS 431.073(4)(c) provides that an order of expungement does not preclude a prosecutor's office from retaining a nonpublic record for law enforcement purposes only. Under KRS 431.074(2), the AOC index of expungement orders stays accessible to persons preparing an eligibility certification under KRS 431.079 and to the Kentucky Law Enforcement Council for verifying qualifications under KRS 15.382.

Disclaimer: This article describes Kentucky expungement law as it existed and was verified on May 29, 2026. The version of KRS 431.073 in force is published with the notation (Effective until April 30, 2027), so the felony expungement rules described here govern only until that date and must be re-checked against the current statute afterward. 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.

Related Articles

• Expungement Laws by State - National overview of expungement eligibility across all 50 states
• DUI Expungement by State - Which states allow DUI convictions to be expunged and the rules that apply
• How to Check If Your Record Has Been Expunged - Steps to verify that an expungement was properly processed in court and law enforcement systems

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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.

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Frequently Asked Questions

How do you expunge your record in Kentucky?

To expunge a conviction in Kentucky, you must first obtain a certification of eligibility from the Department of Kentucky State Police and the Administrative Office of the Courts, as KRS 431.079(1) requires. After receiving the certification, you file the Application to Vacate and Expunge (form AOC-496.3) with the Circuit Court Clerk in the county of conviction and pay the $50 filing fee. The prosecutor has 60 days to respond. If the response states no objection, or if 120 days pass with no response, the court may vacate the judgment without a hearing.

What is Kentucky felony expungement and who qualifies?

Kentucky felony expungement under KRS 431.073 allows most Class D felony convictions to be vacated and removed from a person's record. You must wait five years after completing your sentence, fines, and probation or parole. You must have no pending charges and no convictions in the five years before filing. KRS 431.073(1)(d) excludes DUI under KRS 189A.010, felony assault of a family member or member of an unmarried couple under KRS 508.032, impersonating a peace officer under KRS 519.055, abuse of public office, sex offenses, offenses committed against a child, and any offense that caused serious bodily injury or death. Plain assault in the fourth degree under KRS 508.030 is a Class A misdemeanor and is not on that exclusion list.

What does KRS 431.073 cover?

KRS 431.073 is the Kentucky statute governing expungement of Class D felony convictions. It sets the five-year waiting period, lists excluded offenses, establishes the certification and petition process, specifies the $50 filing fee and $250 expungement fee, and defines the legal effect of a granted expungement. It was created in 2016 and last amended effective June 29, 2023. The version now in force is published with the notation (Effective until April 30, 2027), so check the current text after that date.

How much does Kentucky expungement cost?

For a felony expungement under KRS 431.073, the statutory cost is $300: a $50 non-refundable filing fee to the Circuit Court Clerk and a $250 expungement fee paid upon approval (installment payments are allowed). For expungement of acquittals and non-indicted charges under KRS 431.076, there is no filing fee. For misdemeanor expungements under KRS 431.078, the statutory filing fee is $100.

How long does it take to expunge a record in Kentucky?

After you file a felony application, the Commonwealth's attorney or county attorney has 60 days to file a response. If the response states no objection, or if 120 days pass with no response, the court can vacate the judgment without a hearing. If an objection is filed, a hearing is held, and KRS 431.073 requires it to occur no later than 120 days after the application was filed unless the court extends that time for good cause. Obtaining the AOC certification before filing can take additional time. Plan for the entire process to take three to five months.

Does Kentucky automatically expunge records?

Yes, but only for two dispositions. Under KRS 431.076(1)(a), as amended by 2020 HB 327, a case that ended in an acquittal or a dismissal with prejudice on or after July 15, 2020 is expunged automatically 30 days after the final disposition, with no action required from the person. Traffic infractions not classified as misdemeanors are excluded. Nothing else is automatic. A felony charge that never resulted in an indictment must be expunged by petition under KRS 431.076(1)(c), and felony and misdemeanor convictions always require a petition.

Can a DUI be expunged in Kentucky?

No. DUI convictions under KRS 189A.010 are expressly excluded from felony expungement under KRS 431.073. A DUI arrest that was dismissed or resulted in an acquittal may qualify for expungement under KRS 431.076, but a DUI conviction cannot be expunged in Kentucky.

What is the waiting period for misdemeanor expungement in Kentucky?

Under KRS 431.078, you must wait five years after completing your sentence or successfully completing probation, whichever is later, before filing a misdemeanor expungement petition. You must also have no pending charges and no convictions in the five years before the filing date, and the offense must not be one subject to enhancement for a second or subsequent offense unless the time for that enhancement has expired.