How to Get a Kentucky Criminal Record Expunged

Kentucky Expungement: Clearing Your Criminal Record

A criminal record in Kentucky can follow you for life — affecting employment opportunities, housing applications, professional licensing, educational opportunities, and more. Fortunately, Kentucky law provides a path to clear certain criminal records through expungement. Clark + Harris, PLLC helps clients throughout Lexington, Louisville, and all of Kentucky navigate the expungement process and reclaim their futures.

What Is Expungement?

Expungement is the legal process of sealing or erasing a criminal record so that it no longer appears on background checks. Once a record is expunged in Kentucky, it is treated as if the arrest or conviction never occurred. You can legally state that you have not been convicted of the expunged offense on employment applications and other inquiries.

What Records Can Be Expunged in Kentucky?

Felony Convictions (KRS 431.073): Certain Class D felony convictions can be expunged after a five-year waiting period from the completion of the sentence (including probation and parole). Eligible offenses include many drug possession charges, theft offenses, and other non-violent Class D felonies. Violent offenses, sex offenses, and offenses against children are generally not eligible.

Misdemeanor Convictions (KRS 431.078): Most misdemeanor convictions can be expunged after a five-year waiting period. Certain offenses, including sex offenses and offenses against children, are excluded.

Acquittals and Dismissals (KRS 431.076): If you were charged but acquitted at trial, or the charges were dismissed, you can petition for expungement immediately. There is no waiting period, and the filing fee is waived.

Violations (KRS 431.078): Violation-level offenses may be eligible for expungement following the appropriate waiting period.

The Expungement Process

The process begins with filing a petition for expungement in the court where the conviction or charge occurred. The petition must include specific information about the offense, the case number, the date of conviction or dismissal, and completion of all sentencing requirements. A filing fee applies (currently $500 for felonies, $100 for misdemeanors under KRS 431.073 and 431.078).

The prosecutor has 60 days to object to the petition. If no objection is filed, the court may grant the expungement. If the prosecutor objects, a hearing is held where the judge considers the nature of the offense, the petitioner’s criminal history, the time elapsed, and the petitioner’s rehabilitation.

Benefits of Expungement

A successful expungement removes the conviction from your record for most purposes. You can pass background checks for employment, housing, and professional licensing without the conviction appearing. The record is sealed from public view, and you are restored to the legal position you held before the conviction.

Are You Eligible?

Determining expungement eligibility requires careful analysis of your criminal history, the specific offenses involved, and the applicable waiting periods. Not every conviction qualifies, and the process has specific procedural requirements that must be followed precisely. An experienced attorney can evaluate your eligibility and guide you through the process.

Clark + Harris Can Help

Clark + Harris, PLLC has helped numerous clients across Kentucky obtain expungements and start fresh. We handle every step of the process, from eligibility analysis through petition filing and court hearings.

Call 859-474-0001 to discuss your expungement options. We serve clients in Lexington, Louisville, and throughout Kentucky.

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.

Related Resources

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

How to Get a Kentucky Criminal Record Expunged | Clark + Harris, PLLC