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Kentucky

Adult Criminal Record Clearance Overview

Adult criminal records for cases in which you were convicted are eligible for expungement in some situations. You have to file a petition in court to start the process. 

  • With certain exceptions, if you were convicted of a singlemisdemeanor or lesser offense, or series of misdemeanors or lesser offenses from the same incident, the record can be expunged five years after you complete your sentence. If you meet the criteria, the judge has to grant your petition. 
  • With certain exceptions, if you were convicted of multiple misdemeanors or lesser offenses that were not from the same incident, the record can be expunged five years after you complete your sentence. It is up to the judge whether or not to grant your petition. 
  • With certain exceptions, if you were convicted of a single Class D felony, or series of Class D felonies from the same incident, the record can be expunged five years after you complete your sentence. It is up to the judge whether or not to grant your petition. 
  • If you were convicted of any offense and received a full pardon, the record can be expunged five years after you complete your sentence. It is up to the judge whether or not to grant your petition. 

If you were convicted of prostitution or any other non-violent crime because you were a victim of human trafficking, the record can be expunged 60 days after the charges are filed or the judgement is ordered. 

Adult criminal records for cases in which you completed a diversion or deferral program are eligible for expungement or sealing in some situations. 

  • In a first-time drug possession case, if you successfully completed your sentence and the judge voided the conviction, the record should be sealed immediately. 
  • In a first- or second-time drug possession in the first degree case, if you successfully completed a deferred prosecution program, the record should be sealed immediately. 
  • If you successfully complete pretrial diversion in a Class C or D felony case, the record is immediately marked "dismissed-diverted." 

Adult criminal records for arrests for which you were never convicted are eligible for expungement. You have to file a petition in court to start the process, and it is up to the judge whether or not to grant your petition. 

  • If the charges against you were dismissed with prejudice, or you were found not guilty, the record will be expunged automatically 30 days after the case ends. This applies to cases that ended after July 15, 2020. 
  • If the charges against you were dismissed with prejudice or you were found not guilty and your record was not automatically expunged, you may petition to have it expunged 60 days after your case ends.  
  • If you were arrested and charged, but you were not indicted within 6 months, the record can be expunged. 
  • In a sex offense case where your spouse is the accuser, if the charges are dismissed with prejudice or you are found not guilty, the record should be expunged immediately. You do not need to file a petition. 
  • Records relating to a criminal offense that is dismissed without prejudice can be expunged by the court after three years for felony charges and 1 year for misdemeanor charges. 

Adult Criminal Record Clearance Policies

    Records relating to a single conviction of a specified Class D felony, or a series of such convictions arising from a single incident, can be expunged by the court five years after sentence completion. KRS § 431.073(1), (2).
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    Records relating to an offense for which the petitioner received a full pardon can be expunged by the court. KRS § 431.073(1).
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    Records relating to a prostitution offense or an offense that is not a violent crime can be expunged by the court no less than 60 days after final judgment if the person's participation in the offense was the direct result of being a human trafficking victim. KRS § 529.160.
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    Records relating to a first conviction for possession of marijuana, synthetic drugs, or salvia that was voided upon the petitioner's successful completion of the sentence will be sealed by the court. KRS § 218A.276(1), (8), (9).
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    Records relating to a single misdemeanor, violation, or traffic violation conviction, or series of such convictions arising from a single incident, will be expunged by the court five years after sentence completion if the petitioner meets the criteria specified in subsection (4). KRS § 431.078(1)(a), (2), (4).
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    Records relating to a series of misdemeanors, violations, or traffic infraction convictions not arising from a single incident can be expunged by the court five years after sentence completion if the petitioner meets the criteria specified in subsection (5). KRS § 431.078(1)(b), (2), (5).
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    Records relating to a first conviction for possession of certain controlled substances that was voided upon the petitioner's successful completion of the sentence will be sealed by the court. KRS § 218A.275(1), (8), (9).
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    Records relating to a case that was dismissed after the successful completion of a deferred prosecution program for a first or second offense of possession of a controlled substance in the first degree charge will be sealed by the court. KRS § 218A.14151(1), (3).
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    Records of qualifying Class D and C felony cases are marked "dismissed-diverted" by the court immediately upon successful completion of pretrial diversion. KRS § 533.258.
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    Records relating to a criminal offense that is dismissed without prejudice can be expunged by the court after 3 years for felony charges and 1 year for misdemeanor charges. KRS § 431.076(2)(c).
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    Beginning July 15, 2020, records related to a criminal offense will be expunged by the court 30 days after the charges are dismissed with prejudice or a finding of not guilty. KRS § 431.076(1)(a).
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    Records related to a criminal offense can be expunged by the court 6 months after the charges filed in the district court do not result in an indictment by a grand jury. KRS § 431.076(1), (2).
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    Records relating to a sexual offense in which the spouse was the accuser are expunged by the court following a dismissal with prejudice or an acquittal. KRS § 510.300.
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    Juvenile Record Clearance Overview

    Below is a general overview of when juvenile records can be expunged in Kentucky. Please note that the Clean Slate Clearinghouse does not provide legal advice. 

    Read the legal policies and statutes for detailed statutory information. 

    Juvenile Record Clearance Policies Overview 

    Most juvenile records can be expunged. 

     

     

    • If charges were filed against you, but you were not adjudicated (not found guilty), your juvenile record should be automatically expunged. You should not have to do anything to get the record expunged. 

     

     

    • With certain exceptions, if you were adjudicated (found guilty) of a violation, misdemeanor, single felony, or a series of felonies arising from a single incident, your record can be expunged two years after your case, probation, or commitment ends. You have to submit a request to the court to start the process, and it is up to the judge whether or not to grant your request. 

    You may not be eligible for expungement if you have certain convictions or adjudications on your record or have pending criminal or juvenile charges. 

    Find a Lawyer 

    If you think you might be eligible to have your record expunged, find a lawyer who may be able to help you. Some lawyers might help you for free, although you may still need to pay a fee to file the paperwork in court. 

    Court Forms and Resources 

    If you cannot find a lawyer to help you, you may be able to file a petition on your own using these court forms and resources. 

    Juvenile Record Clearance Policies

      A record relating to misdemeanors, violations, a single felony, or a series of felonies arising from a single incident can be expunged, so long as the petitioner is not subject to a disqualifying event and at least two years have passed. KRS § 610.330(1)-(2).
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      A record relating to dismissed charges, whether the court dismissed the petition or found the child to be not delinquent, will be expunged with the dismissal. KRS § 610.330(7).
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      Find A Lawyer

      Legal service providers located in the state.

      Contact information for legal aid organizations, bar associations, and other organizations that engage in record clearance work is provided for informational purposes only. The NRRC does not endorse or recommend any organization or individual referenced on the site. If you are a legal service provider who offers record clearance services, please contact us.