What Cannot Be Expunged in Kentucky
Kentucky can never expunge a Class A, B or C felony, a sex offense, or an offense against a child. Among felonies only Class D convictions qualify, and only those that appear on the list in KRS 431.073(1) or where you have received a full pardon. Misdemeanors, violations and traffic infractions are broadly eligible under KRS 431.078.
Checked against the current statute on .
What is and is not eligible
| Record | Eligible? | Statute |
|---|---|---|
| Misdemeanor, violation, traffic infraction | Yes, after 5 years | KRS 431.078 |
| Dismissed or amended charge in the same action | Yes | KRS 431.078 |
| Class D felony on the KRS 431.073(1) list | Yes, after 5 years | KRS 431.073 |
| Class D felony not on that list | No, unless fully pardoned | KRS 431.073 |
| Class C felony | No | KRS 431.073 |
| Class B felony | No | KRS 431.073 |
| Class A felony | No | KRS 431.073 |
| Sex offense | No | KRS 431.073 |
| Offense against a child | No | KRS 431.073 |
Source: KRS 431.073, KRS 431.078. Checked 2026-09-20.
The full pardon route
KRS 431.073 allows expungement of a conviction for which the person has been granted a full pardon, and that route is not limited to Class D. A pardon from the Governor is discretionary and rare, but where one has been granted it opens expungement of convictions that the ordinary list would exclude.
Points that trip people up
- A charge that was dismissed or amended inside a criminal action can be expunged alongside the misdemeanor record from that same action under KRS 431.078. You do not need a conviction for the statute to reach the dismissed counts.
- A series of Class D felony violations arising from a single incident can be treated together, so one incident charged several ways is not automatically disqualified.
- The five-year wait runs from the end of the sentence or the successful end of probation, whichever is later, not from conviction and not from release.
- Expungement is not the same as sealing. Kentucky's statutes vacate the judgment and order the records expunged, which is a stronger remedy than sealing, and the statute says the person may then lawfully state the incident never occurred.
- Eligibility is decided on the specific offense, so two people with the same label on their record can get different answers. Reading the list in KRS 431.073(1) against your actual judgment is the only reliable check.
Common questions
What crimes cannot be expunged in Kentucky?
Class A, B and C felonies, sex offenses, and offenses against a child can never be expunged. Class D felonies can be expunged only if the specific offense appears on the list in KRS 431.073(1), or if the conviction has been fully pardoned.
Can a Class D felony be expunged in Kentucky?
Some can. KRS 431.073 lets you apply to have the judgment vacated and the records expunged for a Class D felony that appears on the list in subsection (1), or for a series of those Class D violations arising from one incident. The wait is five years from the end of the sentence or probation, and the total cost is $300: $50 to file and $250 when the order is granted.
What misdemeanors cannot be expunged in Kentucky?
Misdemeanors are broadly eligible under KRS 431.078. The practical obstacles are the five-year wait and the requirement that it has run from the end of supervision, rather than any list of excluded misdemeanors. Sex offenses and offenses against a child are excluded wherever they appear.
Is a sealed record the same as an expunged record in Kentucky?
No, and Kentucky's remedy is the stronger of the two. Sealing generally restricts access to a record that still exists. Kentucky's statutes vacate the judgment and order the records expunged from the court's custody and from other agencies, and the statute permits the person to state that the incident did not occur.
How do I know if my felony is on the list?
The list is written into KRS 431.073(1) by statute number, so the check is to compare the KRS section on your judgment against that list. The offense label alone is not enough, because similar-sounding charges sit under different sections. This is the point at which it is worth having a Kentucky lawyer read the judgment.