⚖️ Kentucky Expungement Laws (Overview)
🔹 1. What expungement means in Kentucky
- Expungement removes a case from public record, often allowing you to legally say it didn’t happen in most situations.
- It’s handled through the courts and requires filing a petition.
🟢 A. Cases that were dismissed or not guilty
- Eligible 60 days after dismissal or acquittal
- This is the easiest and fastest type of expungement
🟡 B. Misdemeanor convictions
- Usually eligible 5 years after completing the sentence
- Conditions:
- No new convictions during that time
- Must not be:
- Sex offenses
- Crimes against children
🔵 C. Felony convictions (limited eligibility)
Kentucky allows expungement of some Class D felonies only:
- Must be on the approved list (about 60+ offenses)
- Waiting period:
- Typically 5 years after completing sentence
- Additional requirements:
- No pending charges
- Not on probation/parole
- Must obtain a Certificate of Eligibility before filing
🚫 Not eligible:
- Violent felonies
- Sex offenses
- Crimes involving children
- Most higher-level felonies (Class A, B, C)
🔴 D. Important limitation
- Federal convictions cannot be expunged under Kentucky law
👑 Kentucky Pardons (Governor Clemency)
🔹 1. Who grants pardons?
- The Governor of Kentucky has full authority to grant pardons.
🟢 Types of clemency
- Full pardon → forgiveness of the offense
- Partial pardon / restoration of rights → restores rights like voting
🟡 Eligibility & timing
- Generally requires:
- Completion of sentence
- No pending charges
- ~7-year waiting period after completion for a full pardon
📝 Application process
You must:
- Submit a formal application to the Governor
- Include:
- Full criminal history
- Employment history
- Personal statement
- Letters of recommendation
Approval is discretionary. There’s no guarantee.
⚖️ Effect of a pardon
- Restores civil rights (voting, holding office, etc.)
- Does NOT erase the record by itself
- However:
- A full pardon can allow expungement afterward under Kentucky law
🔑 Key Takeaways (Kentucky)
- ✔ Dismissed cases → expunge quickly (60 days)
- ✔ Misdemeanors → expunge after 5 years
- ✔ Some low-level felonies → eligible, but limited
- ❌ Serious felonies → generally NOT expungeable
- ✔ Pardon → possible after ~7 years, but discretionary
- 🔄 Pardon can sometimes unlock expungement
The Governor has the authority to commute sentences and pardon infractions of state law. The Governor also has the authority to restore the right to vote and hold public office to any person who has been convicted of a felony in any state or federal court.
Application for commutation of sentences and pardons must be made directly to the Governor. Applications for restorations of civil rights must be obtained by contacting the Department of Corrections, Division of Probation and Parole. These applications are processed by the Department of Corrections and then submitted to the Governor office.
In order to have your records sealed you must file a separate petition/motion for expungement in order to have your records sealed. It must be five years from conviction or probation sentencing depending whichever comes later.