Can You Get a DUI Expunged in Kentucky?

DUI Expungement in Kentucky: Is It Possible and How Does It Work?

A DUI conviction in Kentucky can follow you for years, affecting your employment, insurance rates, and personal life. Many people wonder whether it is possible to get a DUI conviction expunged from their criminal record. The answer depends on several factors, including when the conviction occurred and the specifics of your case. The attorneys at Clark + Harris help clients in Lexington, Louisville, and throughout Kentucky explore their DUI expungement options.

Current Kentucky DUI Expungement Law

Kentucky law does allow for the expungement of certain DUI convictions. Under KRS 431.078, a first-offense DUI conviction classified as a Class B misdemeanor is eligible for expungement after a waiting period. To qualify, you must have completed all terms of your sentence, including any jail time, probation, fines, community service, alcohol education programs, and license suspension period. A waiting period of five years must have passed since the completion of your sentence. You must not have been convicted of any other criminal offenses during the waiting period. The DUI conviction must be your only DUI conviction.

It is important to note that the five-year waiting period begins after you have completed all terms of your sentence, not from the date of the conviction itself. If you were sentenced to probation that lasted two years, the five-year clock does not start until the probation is complete.

DUI Convictions That Cannot Be Expunged

Not all DUI convictions are eligible for expungement in Kentucky. Second, third, and subsequent DUI offenses carry more severe penalties and are generally more difficult or impossible to expunge. A fourth-offense DUI in Kentucky is classified as a Class D felony, and felony DUI convictions may have additional restrictions on expungement eligibility. Aggravated DUI convictions involving factors such as an accident that caused injury, a BAC of 0.15% or higher, or having a minor in the vehicle may also face additional scrutiny during the expungement process.

The DUI Expungement Process

If you are eligible for DUI expungement, the process involves filing a petition for expungement with the circuit court in the county where you were convicted. In Fayette County, this means filing with the Fayette Circuit Court. In Jefferson County, the petition is filed with the Jefferson Circuit Court. The petition must include information about your conviction, your sentence, your compliance with all terms of the sentence, and your criminal history since the conviction.

The filing fee for an expungement petition in Kentucky is $500. After the petition is filed, the court will set a hearing where the judge will review your petition, hear any arguments from the prosecutor, and make a decision. At the hearing, your attorney can present evidence of your rehabilitation, responsible behavior since the conviction, and the reasons why expungement is in the interest of justice.

What DUI Expungement Does for You

If your DUI expungement petition is granted, the conviction is sealed from public access. This means the DUI will not appear on standard background checks run by employers and landlords, you can legally state that you have not been convicted of a DUI on job applications, the arrest records associated with the DUI will also be sealed, and your driving record with the Kentucky Transportation Cabinet may also be updated to reflect the expungement.

However, even after expungement, the DUI conviction may still be accessible to law enforcement agencies and may be considered for sentencing purposes if you are charged with a new DUI or other criminal offense in the future. Additionally, your insurance company may still have a record of the DUI-related license suspension, though this varies by carrier.

Better Than Expungement: Avoiding a DUI Conviction in the First Place

While DUI expungement provides a path to a clean record, the best outcome is to avoid a DUI conviction entirely. If you are currently facing DUI charges in Kentucky, an experienced defense attorney may be able to get the charges dismissed, reduced to reckless driving, or resolved through a diversion program that avoids a conviction on your record. These outcomes eliminate the need for future expungement proceedings and their associated costs and waiting periods.

Contact Clark + Harris for DUI Defense and Expungement

Whether you are currently facing DUI charges or seeking to expunge a past DUI conviction, Clark + Harris can help. Our attorneys handle DUI defense and expungement cases throughout Lexington, Louisville, and all of Kentucky. Call 859-474-0001 today for a free consultation.

Frequently Asked Questions

How soon should I contact Clark + Harris after being charged in Kentucky?

As soon as possible. Early representation protects your rights during questioning, preserves evidence, and often leads to better outcomes. Call 859-474-0001 — we respond promptly to new inquiries.

Does Clark + Harris represent clients throughout Kentucky?

Yes. We represent clients in all 120 Kentucky counties, both state District and Circuit courts, and federal courts in the Eastern and Western Districts of Kentucky.

What happens during a free consultation with Clark + Harris?

We review the specific charges and evidence, discuss available defenses, explain the likely process in the relevant court, and give you a clear roadmap of next steps — at no cost to you.

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