Kentucky’s felony expungement law, enacted as House Bill 40 in 2016 and expanded several times since, gives people convicted of certain Class D felonies a path to clearing their record. It is not automatic, it is not universal, and it does not apply to higher-class felonies, but for those who qualify, it is the most significant criminal record relief Kentucky offers.
If you are trying to get a felony off your record in Louisville, here is how the process actually works under Kentucky law.
Which Felonies Can Be Expunged
Kentucky’s primary felony expungement statute is KRS 431.073. The general rule is that Class D felonies are eligible if all other requirements are met. Class A, B, and C felonies are not eligible for expungement under this statute.
Even within the Class D category, certain offenses are specifically excluded. The disqualified list includes:
- Sex offenses requiring registration under KRS 17.500 to 17.580
- Offenses against children
- Offenses involving abuse or neglect of vulnerable adults
- Felony offenses where the victim suffered serious physical injury or death
- Felony offenses involving public corruption committed by a public official or employee
- Several other specific categories listed in the statute
A complete list is available through the Administrative Office of the Courts, but the practical takeaway is that property crimes, drug possession felonies, and many other Class D offenses are typically eligible.
The Five-Year Waiting Period
Eligible defendants must wait at least 5 years after the completion of their sentence before applying for expungement. The clock starts running when:
- All incarceration is complete
- All probation or parole is complete
- All financial obligations (fines, restitution, court costs) are paid in full
Importantly, the 5-year period does not start at conviction. If you were sentenced to 5 years of probation, the expungement clock starts running when probation ends, not when probation began. This means the practical waiting period is often closer to 10 years from the original conviction date.
Other Eligibility Requirements
In addition to the offense being eligible and the 5-year period having passed, you must:
- Have no pending criminal charges anywhere
- Have no felony convictions in the previous 5 years
- Have completed all terms of the sentence
A new criminal charge during the waiting period resets the clock or disqualifies the application, depending on the outcome.
The Application Process
The expungement process has two stages: certification and petition.
Stage 1: Certification through the AOC
Before filing in court, you must obtain an Expungement Certification from the Kentucky Administrative Office of the Courts confirming that the offense is eligible. This involves:
- Submitting the certification application (Form AOC-496)
- Paying the $50 certification fee
- Waiting for AOC processing (typically several weeks)
The certification confirms your eligibility but does not actually grant the expungement.
Stage 2: Petition in the sentencing court
With the certification in hand, you file a petition in the court where the conviction occurred. For Louisville felony convictions, that means Jefferson Circuit Court. The petition includes:
- Form AOC-496.2 (the petition itself)
- The AOC certification
- The $250 expungement filing fee
The Commonwealth’s Attorney has 60 days to respond. If they do not object, the court can grant the expungement without a hearing. If they object, a hearing is held where the court considers whether expungement serves the public interest.
The court has discretion to grant or deny the petition even when all technical requirements are met, although denials of unopposed petitions are rare.
What an Expungement Actually Does
If granted, a Kentucky felony expungement:
- Removes the conviction from the public criminal record
- Allows you to legally answer “no” when asked whether you have been convicted of the offense (with limited exceptions)
- Removes the offense from background checks accessible to most employers, landlords, and licensing boards
- Restores civil rights that were affected by the felony conviction
What it does not do:
- Erase the offense from federal records (which is why federal background checks for security clearances or federal employment may still show it)
- Override federal firearm prohibitions imposed by the original conviction
- Remove the conviction from view of prosecutors, courts, or law enforcement for purposes of future cases
- Apply to convictions in other states (you must pursue expungement in the state of conviction)
Recent Changes Worth Knowing
Kentucky has expanded expungement eligibility several times since 2016. House Bill 569, which took effect in 2023, made additional changes to expungement procedure and expanded the list of eligible offenses in some categories. Anyone with a prior felony should periodically review eligibility because the rules have continued to evolve.
The Class D restriction has remained the bright line, however. Bills to expand felony expungement to Class C offenses have been introduced in recent legislative sessions but have not passed.
Pardon as an Alternative
For Class A, B, or C felony convictions that cannot be expunged under KRS 431.073, the only path to clearing the record is a gubernatorial pardon under Section 77 of the Kentucky Constitution. Pardons are discretionary, applications are reviewed by the Governor’s Office, and grants are uncommon. For most people with higher-class felony convictions, the realistic answer is that the conviction remains on the record permanently.
Talk to a Louisville Felony Expungement Lawyer
The eligibility analysis for a Kentucky felony expungement involves checking the specific offense, calculating the waiting period, confirming sentence completion, and reviewing the procedural posture of the conviction. Mistakes in the application can result in denial and lost fees.
Farra Law represents Louisville clients in felony expungement matters across Jefferson County. Contact our office to schedule a consultation and review whether your conviction qualifies.