Kentucky

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 single misdemeanor 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 can be expunged 60 days after the case ends.

• If you were arrested and charged, but you were not indicted within 12 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 five years.

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.