Kentucky Expungement: Class D Felonies and How to File
Kentucky allows expungement of most Class D felonies under KRS 431.073 (HB 40). Five-year waiting period, $500 filing fee, and a real second chance.
Kentucky is one of a growing number of states that allow expungement of felony convictions. Under KRS 431.073, most Class D felonies — the lowest class of felony in Kentucky — can be expunged after a 5-year waiting period. This law, originally enacted through HB 40 in 2016, was a genuine change. Before it, Kentucky felony convictions were permanent on your record no matter what. That is no longer the case for most people with Class D felonies.
This is not legal advice.
This guide explains how the law works in general terms. Whether you qualify depends on your specific record, and a judge makes the final call. If your situation is complicated — multiple convictions, charges in multiple states, or a previous denial — consulting a lawyer who handles expungement is worth the cost of a consultation.
What HB 40 did — and what it means for you
House Bill 40, which took effect on June 27, 2016, created KRS 431.073 — Kentucky's first-ever felony expungement law. Before HB 40, the only expungement available in Kentucky was for misdemeanor and violation convictions. Felonies were permanent.
HB 40 changed that by allowing people with most Class D felony convictionsto apply for expungement after five years. When the court grants the application, it vacates the original judgment of conviction, dismisses the charges, and orders the record expunged. The legal effect is powerful — the conviction is treated as if it never occurred, and you can legally deny it on most applications.
Class D felonies are the lowest-level felonies in Kentucky. They include many drug possession offenses, theft under certain dollar amounts, some fraud offenses, and a range of non-violent crimes. If your conviction was a Class D felony, there is a strong chance it qualifies — but there are specific exclusions you need to check.
Who qualifies — and who does not
Kentucky's expungement law covers a broad range of offenses, but there are clear lines. The exclusions are specific and non-negotiable under current law.
May qualify
- Most Class D felony convictions — after 5 years from sentence/probation completion
- Class A misdemeanor convictions — after 5 years
- Class B misdemeanor convictions — after 3 years
- Violations — after 1 year
- Dismissed charges — immediately, no waiting period
- Acquittals — immediately
- Charges where the grand jury returned a no-true bill
- Completed pretrial diversion programs
Generally does not qualify
- DUI / DWI convictions (KRS 189A.010)
- Sex offenses and offenses requiring sex offender registration
- Offenses committed against a minor
- Assault in the fourth degree (KRS 508.032) in certain contexts
- Abuse of public office
- Offenses that resulted in serious bodily injury or death
- Class A, B, or C felonies
- Anyone with pending criminal charges
- Anyone who has not fully completed their sentence and probation
If you are not sure whether your specific charge is a Class D felony or whether it falls under one of the exclusions, check with the clerk of courts or consult Kentucky Legal Aid. The offense class is on your judgment of conviction document.
Waiting periods
Kentucky measures the waiting period from the later of two dates: the date you completed your sentence or the date you completed probation. If your probation ended after your sentence, the clock starts when probation ended. All fines, fees, and court costs must also be fully paid.
Waiting Periods
The clock starts on the date shown below — not your arrest date.
Violation (lowest-level offense)
Clock starts: Date of completion of sentence or probation
Violations are below misdemeanors in severity. Filing fee is $100.
Class B misdemeanor
Clock starts: Date of completion of sentence, probation, or final payment of fines
Whichever of those dates comes last is when the clock starts.
Class A misdemeanor
Clock starts: Date of completion of sentence, probation, or final payment of fines
Class A misdemeanors have the same waiting period as Class D felonies.
Class D felony (under KRS 431.073)
Clock starts: Date of completion of sentence or probation, whichever is later
Most Class D felonies are eligible. Specific exclusions for DUI, sex offenses, and offenses against children.
Dismissed charges or acquittal
Clock starts: Date of dismissal or acquittal
No waiting period required. Lower filing fee applies.
Arrest with no charges filed
Clock starts: Date charges were declined or expired
No waiting period. Contact the clerk in the county of arrest.
The $500 filing fee — and what to do about it
Kentucky charges a $500 filing fee for felony expungement applications under KRS 431.073. This is one of the highest expungement filing fees in the country. For misdemeanor and violation expungements under KRS 431.078, the fee is $100.
The $500 fee is a real barrier. Kentucky law does not currently provide a broad fee waiver for felony expungement, although some legal aid organizations may be able to help with the cost. If the fee is stopping you from filing, contact Kentucky Legal Aid or your local bar association's pro bono program.
Some Kentucky legislators have introduced bills to reduce or waive the fee for low-income applicants. As of this writing, the $500 fee remains in effect. Check kycourts.gov for the most current fee schedule.
How to file for expungement in Kentucky
The Kentucky expungement process
- 1
Get your Kentucky criminal history
1-2 weeks$10-$20Request your official criminal history from the Kentucky State Police (KSP). This shows every Kentucky arrest, charge, and conviction. You need this to confirm your eligibility and identify all cases you want to expunge.
You can request your record online at kentuckystatepolice.org/expungements. Print a copy and bring it when you file.
- 2
Verify your offense is eligible
1-2 hoursFreeCheck whether your specific conviction qualifies for expungement. For felonies, KRS 431.073 covers most Class D felonies with certain exclusions. For misdemeanors, KRS 431.078 applies. The Kentucky Court of Justice website has an expungement certification tool that can help.
The Kentucky Court of Justice at kycourts.gov has expungement resources and eligibility information. The AOC (Administrative Office of the Courts) maintains the certification database.
- 3
Complete the application
30-60 minutesFreeDownload and fill out the Application for Expungement from kycourts.gov. You will need your case number, the court where you were convicted, the offense and statute, and the date you completed your sentence. Be thorough — incomplete applications are returned.
- 4
File with the circuit court and pay the fee
1 day$500 for felonies; $100 for misdemeanors/violationsFile your completed application with the clerk of the circuit court in the county where your conviction occurred. The filing fee is $500 for felony expungement (KRS 431.073) and $100 for misdemeanor or violation expungement (KRS 431.078). These fees are set by statute.
The $500 felony filing fee is significant. If it is a hardship, ask about payment plans or contact Kentucky Legal Aid for assistance. Fee waivers are limited for expungement in Kentucky.
- 5
Prosecutor review and possible hearing
60-120 daysFreeThe court notifies the Commonwealth Attorney (prosecutor). The prosecutor has 60 days to respond. If no response is filed, the court may grant the expungement without a hearing. If the prosecutor objects, the court schedules a hearing within 120 days of filing.
If the prosecutor objects, having a lawyer at the hearing can make a difference. Contact Kentucky Legal Aid if you need representation.
- 6
Court issues the expungement order
30-90 days after the orderFreeIf the court grants the application, it vacates the original judgment, dismisses the charges, and orders the record expunged. The Kentucky State Police update their records, and the court notifies relevant agencies. The original conviction is treated as if it never occurred.
Keep certified copies of the expungement order. Send copies to private background check companies that still show the record after 90 days.
What expungement means in Kentucky
Kentucky's expungement is strong. When the court grants your application under KRS 431.073, it vacates the original judgment of conviction and dismisses the charges. The record is then expunged — meaning it is removed from public access. You can legally deny the conviction on most job applications, housing applications, and other forms.
- Federal records are not affected — FBI databases are separate from Kentucky state records
- Federal employment and security clearances may still require disclosure
- Law enforcement retains access to expunged records
- Kentucky Board of Education and certain licensing boards may still see the record
- Private background check companies may take 60-90 days to update their databases
- Immigration consequences are not resolved by state expungement — consult an immigration attorney
- Firearm rights: Kentucky law restores state firearm rights after expungement, but federal law may still restrict firearms possession for felony convictions
Despite these limits, Kentucky expungement removes the conviction from the background checks most employers and landlords use. That is a real, practical change.
Free legal help in Kentucky
- Kentucky Legal Aid — free civil legal help statewide: klaid.org or 1-866-452-9243
- Legal Aid of the Bluegrass — serves Central and Northern Kentucky: lablaw.org
- Appalachian Research and Defense Fund of Kentucky — serves Eastern Kentucky: ardfky.org
- Louisville Legal Aid Society — serves Louisville/Jefferson County: loulegaid.org
- Kentucky Bar Association Lawyer Referral Service: kybar.org — reduced-fee consultations
- Kentucky Court of Justice expungement information: kycourts.gov/AOC/Information-and-Technology/Pages/Expungement.aspx
- ExpungeKY — expungeky.com — community resource for Kentucky expungement information
- Kentucky State Police expungement forms: kentuckystatepolice.org/expungements
Legal aid organizations in Kentucky often handle expungement cases at no cost for income-eligible residents. They may also help with the $500 filing fee. Contact them early.
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