Expanded Expungement Eligibility in Kentucky: New Opportunities to Clear Your Record

Kentucky has significantly expanded its criminal record expungement laws in recent years, providing more people with the opportunity to clear their records and move forward with their lives. If you have a criminal conviction that has been holding you back from employment, housing, or other opportunities, the expanded expungement laws may give you a path to a clean record. The attorneys at Clark + Harris help clients throughout Lexington, Louisville, and all of Kentucky navigate the expungement process.

A Brief History of Kentucky Expungement Reform

Kentucky’s expungement laws have evolved dramatically over the past decade. Prior to 2016, expungement was available only for misdemeanor convictions and certain dismissed charges. The passage of HB 40 in 2016 marked a watershed moment by extending expungement eligibility to certain Class D felony convictions for the first time. Since then, additional legislation has further expanded the list of eligible offenses, adjusted waiting periods, and streamlined the petition process.

These reforms reflect a growing bipartisan recognition that permanent criminal records create barriers to employment, housing, and education that can trap individuals in cycles of poverty and recidivism. By providing a path to a clean record for individuals who have demonstrated rehabilitation, expungement laws serve both individual and public interests.

Current Expungement Eligibility in Kentucky

Under current Kentucky law, the following types of records may be eligible for expungement. Dismissed charges and acquittals can be expunged under KRS 431.076 with no waiting period required. Misdemeanor convictions can be expunged under KRS 431.078 after a five-year waiting period following completion of the sentence. Class D felony convictions for eligible offenses can be expunged under KRS 431.073 after a five-year waiting period following completion of the sentence. Certain violations and traffic offenses may also be eligible for expungement.

The list of eligible Class D felonies has been expanded significantly and includes many drug possession offenses, theft and property offenses, forgery and fraud offenses, certain assault offenses, and various other non-violent felonies. However, sex offenses, offenses against children, and certain violent offenses remain permanently ineligible for expungement.

Automatic Expungement for Dismissed Cases

One of the most important recent developments is the move toward automatic expungement of certain records. When charges are dismissed or you are acquitted at trial, you should not have to live with the stigma of an arrest record. Kentucky law provides for the expungement of dismissed charges and acquittals, and there have been efforts to make this process automatic rather than requiring a formal petition. This is particularly important because many people do not realize they can expunge dismissed charges or cannot afford the time and expense of filing a petition.

The Expungement Process: Step by Step

If you are eligible for expungement, the process involves several steps. First, gather your records and verify your eligibility by obtaining your criminal history from the Kentucky State Police and reviewing the specific offenses and dates. Second, complete and file the expungement petition with the circuit court in the county where you were convicted. The filing fee is currently $500 for conviction expungements. Third, attend the court hearing where the judge will review your petition, consider any objections from the prosecution, and make a determination. Fourth, if the petition is granted, the court will order the records sealed, and you will receive confirmation that the expungement has been processed.

Having an attorney guide you through this process can help ensure that your petition is complete and properly filed, that you are prepared for the hearing, and that you present the strongest possible case for expungement.

Impact of Expungement on Your Life

Expungement can be life-changing. With a clean record, you can apply for jobs without disclosing the expunged conviction, qualify for housing that previously rejected you, pursue professional licenses and educational opportunities, and move forward without the stigma of a criminal record. For many of our clients in Lexington and Louisville, expungement represents a genuine fresh start.

Contact Clark + Harris for Expungement Help

If you believe you may be eligible for expungement under Kentucky’s expanded laws, Clark + Harris can evaluate your eligibility and guide you through the process. Call 859-474-0001 for a free consultation today.

Related Resources

If this information applied to your situation, the following Clark + Harris guides may also be helpful:

Legal Resources

Kentucky expungement law is governed by KRS 431.073 through KRS 431.079 of the Kentucky Revised Statutes. For expungement forms and filing procedures, visit the Kentucky Court of Justice. Contact Clark + Harris PLLC at (859) 474-0001 to discuss your eligibility for expungement.

Kentucky Expungement Law Changes: Expanded Eligibility