Expungement & Record Sealing in Kentucky

A criminal record can follow you for years, affecting your ability to find employment, secure housing, obtain professional licenses, and pursue educational opportunities. Kentucky law provides a path to clear certain criminal records through expungement, but the process requires meeting specific eligibility requirements and navigating court procedures. Attorney Ashley Larmour helps clients throughout Central Kentucky determine whether their records qualify for expungement and guides them through every step of the process.

What Is Expungement?

Expungement is the legal process of sealing or erasing a criminal record so that it no longer appears on background checks. In Kentucky, an expunged record is treated as though it never existed. After a successful expungement, you are not required to disclose the arrest or conviction on job applications, rental agreements, or most other inquiries. The records are sealed from public view, and government agencies are directed to treat the matter as if it never occurred.

Kentucky has significantly expanded its expungement laws in recent years, making more people eligible to clear their records than ever before. Senate Bill 200, which took effect in 2016, extended expungement eligibility to certain Class D felony convictions—a change that opened the door for many Kentuckians who previously had no path to clearing their records.

What Can Be Expunged in Kentucky?

Kentucky law allows expungement for several categories of offenses. Understanding which records qualify is the first step in the process:

Class D Felonies

Under KRS 431.073, most Class D felony convictions are eligible for expungement. Class D felonies are the lowest class of felony in Kentucky, carrying sentences of one to five years. Common examples include possession of a controlled substance (first offense), theft over $10,000, and certain fourth-degree assault charges. Since the 2016 expansion, this has been one of the most significant changes in Kentucky expungement law, giving individuals convicted of lower-level felonies the opportunity to move forward with a clean record.

Misdemeanors and Violations

Under KRS 431.076, misdemeanor convictions and violations are eligible for expungement. This includes Class A misdemeanors (punishable by up to 12 months in jail) and Class B misdemeanors (punishable by up to 45 days in jail). Common misdemeanor charges that can be expunged include petty theft, disorderly conduct, harassment, and trespassing. For a full overview of misdemeanor classifications, see our felonies and misdemeanors page.

DUI Convictions

Kentucky allows DUI convictions to be expunged, but with a longer waiting period than other offenses. You must wait 10 years after completing your sentence before you can petition for DUI expungement. This includes the full completion of any jail time, probation, community service, and alcohol education programs.

Acquittals, Dismissals, and Non-Convictions

If your charges were dismissed, you were acquitted at trial, or the grand jury returned a no true bill, you may petition for expungement immediately—no waiting period is required. This is important because even charges that did not result in a conviction still appear on your criminal record and can show up on background checks. Getting these records expunged removes that burden entirely.

What Cannot Be Expunged

Kentucky law excludes certain offenses from expungement eligibility. The following cannot be expunged:

• Sex offenses — Including any offense requiring sex offender registration
• Crimes against children — Including abuse, exploitation, and endangerment offenses
• Class A, B, or C felonies — Only Class D felonies are eligible for expungement
• Offenses committed by certain public officials — Crimes committed while holding public office

Waiting Periods for Expungement

Kentucky law requires specific waiting periods depending on the type of offense before you can petition for expungement. These periods begin after you have fully completed your sentence, including any incarceration, probation, parole, community service, and payment of restitution:

• Class D Felonies — 5 years after completion of sentence
• Misdemeanors and Violations — 5 years after completion of sentence
• DUI Convictions — 10 years after completion of sentence
• Acquittals, Dismissals, and Non-Convictions — No waiting period; eligible immediately

During the waiting period, you must not have any new criminal convictions. A new conviction can reset your eligibility or disqualify you entirely.

The Expungement Process in Kentucky

The expungement process involves several steps, and having an attorney handle the filing helps ensure that nothing is missed or delayed:

1. Eligibility Review — We review your criminal history to determine which records are eligible for expungement and identify the correct statute under which to file.
2. Certificate of Eligibility — For felony expungements under KRS 431.073, you must first obtain a Certificate of Eligibility from the Kentucky State Police (KSP). This certificate confirms that you meet the statutory requirements.
3. File the Petition — We prepare and file the expungement petition with the appropriate court, including all required documentation and the filing fee of approximately $50.
4. Court Review and Hearing — The court reviews the petition. In some cases, a hearing may be required where the Commonwealth’s Attorney can object. Attorney Larmour represents you at any required hearing and presents arguments in favor of granting the expungement.
5. Order of Expungement — If the court grants the petition, an additional fee of $250 is assessed. Once paid, the court issues an order directing all agencies to expunge the record.
6. Record Sealing — After the order is entered, the relevant agencies—including courts, law enforcement, and the Kentucky State Police—seal the records. The process typically takes 4 to 8 weeks from filing to completion.

Benefits of Expungement

Clearing your criminal record can make a meaningful difference in your daily life. Expungement removes barriers that a criminal record creates in several areas:

• Employment — Many employers run background checks. An expunged record will not appear, removing a significant obstacle to getting hired or promoted.
• Housing — Landlords frequently screen applicants for criminal history. Expungement helps you qualify for housing that would otherwise be denied.
• Education — College admissions and financial aid applications often ask about criminal history. An expunged record does not need to be disclosed.
• Firearm Rights — For certain offenses, expungement can restore your right to possess firearms under Kentucky law.
• Professional Licensing — Many professional licensing boards—including those for healthcare, education, and real estate—consider criminal history. Expungement removes that barrier.
• Peace of Mind — Beyond the practical benefits, expungement provides a genuine fresh start. You are legally permitted to state that you were never arrested or convicted of the expunged offense.

Why You Need an Attorney for Expungement

While the concept of expungement is straightforward, the process involves legal nuances that can cause delays or denials if not handled correctly. Attorney Ashley Larmour helps you navigate the process by:

• Reviewing your complete criminal history to identify all eligible records
• Determining which statute applies to each charge (KRS 431.073 for felonies, KRS 431.076 for misdemeanors)
• Obtaining the required Certificate of Eligibility from KSP for felony expungements
• Preparing and filing the petition with the correct court
• Representing you at any hearing where the Commonwealth’s Attorney may object
• Following up with agencies to confirm that records are properly sealed

Filing an expungement petition incorrectly or for an ineligible offense can result in denial and wasted filing fees. Having an attorney handle the process helps ensure it is done right the first time.

Serving 10 Central Kentucky Counties

Larmour Law Offices provides expungement representation for clients throughout Central Kentucky, including:

• Scott County
• Fayette County (Lexington)
• Woodford County
• Bourbon County
• Franklin County (Frankfort)
• Jessamine County
• Harrison County
• Anderson County
• Nicholas County
• Mason County

Regardless of which county court your case was in, we can assist with the expungement process. Contact us for a free eligibility review.

Discounts & Legal Insurance

We offer discounts for military personnel, nurses, teachers, police officers, firefighters, and CDL drivers with proof of employment. We also accept ARAG legal insurance, making quality legal representation accessible and affordable.