Crimes Eligible for Expungement


In Kentucky, 61 specific felony convictions listed under the felony expungement statute may be expunged. These are Class D non-violent offenses, many of which pertain to drug possession or theft. The eligible felonies are:

  • KRS 17.175 Unlawful use of DNA database identification system
  • KRS 186.990 Motor Vehicles, Operators, and Trailers – Theft and Fraud Offenses
  • KRS 194A.505; 194B.505 – Assistance Program Fraud
  • KRS 217.181 Theft of a legend drug
  • KRS 217.207 Theft, criminal possession, trafficking, or unlawful possession of a prescription blank
  • KRS 217.208 Forgery of a prescription
  • KRS 218A.140 Prohibited acts relating to controlled substances
  • KRS 218A.1415 Possession of controlled substance in first degree
  • KRS 218A.1416 Possession of controlled substance in second degree
  • KRS 218A.1417 Possession of controlled substance in third degree
  • KRS 218A.1418 Theft of a controlled substance (Repealed in 2013)
  • KRS 218A.1439 Trafficking in or transferring a dietary supplement
  • KRS 218A.282 Forgery of a prescription
  • KRS 218A.284 Criminal possession of a forged prescription
  • KRS 218A.286 Theft, criminal possession, trafficking, or unlawful possession of a prescription or blank
  • KRS 218A.320 Criminal possession of a medical record
  • KRS 218A.322 Theft of a medical record
  • KRS 218A.324 Criminal falsification of a medical record
  • KRS 218A.1423 Marijuana cultivation
  • KRS 244.165 Unlawful sale and shipment by out-of-state seller directly to a Kentucky consumer; Permissible shipments of wine into Kentucky by out-of-state small farm wineries
  • KRS 286.11-057 Penalties under KY Financial Services Code
  • KRS 304.47-025 Felony offense involving dishonesty or breach of trust; Fraudulent insurance act
  • KRS 324.990 Engaging in real estate brokerage without license
  • KRS 365.241 Counterfeiting intellectual property; Disposition of property
  • KRS 434.155 Filing illegal lien
  • KRS 434.675 Use of scanning device or reencoder to obtain payment card information prohibited
  • KRS 434.850 Unlawful access to a computer in the second degree
  • KRS 434.872 Disclosure of information from financial information repository
  • KRS 511.040 Burglary in the third degree
  • KRS 512.020 Criminal mischief in the first degree
  • KRS 514.030 Theft by unlawful taking or disposition
  • KRS 514.040 Theft by deception
  • KRS 514.050 Theft of property lost, mislaid, or delivered by mistake
  • KRS 514.060 Theft of services
  • KRS 514.065 Possession, use or transfer of device for theft of telecommunications services
  • KRS 514.070 Theft by failure to make required disposition of property
  • KRS 514.080 Theft by extortion
  • KRS 514.090 Theft of labor already rendered
  • KRS 514.100 Unauthorized use of automobile or other propelled vehicle
  • KRS 514.110 Receiving stolen property
  • KRS 514.120 Obscuring identity of machine or other property
  • KRS 514.140 Theft of mail matter
  • KRS 514.150 Possession of stolen mail matter
  • KRS 514.160 Theft of identity
  • KRS 516.030 Forgery in the second degree
  • KRS 516.060 Criminal possession of forged instrument in the second degree
  • KRS 516.090 Possession of forgery device
  • KRS 516.108 Criminal simulation in the first degree
  • KRS 517.120 Operating a sham or front company
  • KRS 518.040 Sports bribery
  • KRS 522.040 Misuse of confidential information
  • KRS 524.100 Tampering with physical evidence
  • KRS 525.113 Institutional vandalism
  • KRS 526.020 Eavesdropping
  • KRS 526.030 Installing eavesdropping device
  • KRS 528.020 Promoting gambling in the first degree
  • KRS 528.040 Conspiracy to promote gambling
  • KRS 528.050 Possession of gambling records in the first degree
  • KRS 530.010 Bigamy
  • KRS 530.050 Nonsupport and flagrant nonsupport

In addition, felonies not listed above may be expunged if:

  • If the person was not convicted (charges dismissed, acquittal, or not prosecuted).
  • If the crime was originally charged as a felony but was reduced to a misdemeanor (even if there was a misdemeanor conviction). Case records and background checks will continue to show a felony charge until it is expunged.
  • If the person was sentenced to and successfully completed a class D felony pretrial diversion program under KRS 533.250 et. seq.

Finally, the charge of possession of controlled substance in first degree, a Class D felony, may be voided. In accordance with KRS 218A.275, a voided conviction has the same effect as an expungement: the records are sealed and will not show up on background checks, the defendant will not have to disclose the record on employment applications, etc.

Misdemeanors and Violations

In Kentucky, misdemeanors and violations MAY be expunged. Some common misdemeanors include DUI, criminal trespassing, theft by unlawful taking (shoplifting), possession of marijuana, disorderly conduct, and public intoxication, but there are countless others. Since certain crimes may be charged as either misdemeanors or felonies, it is usually best for an attorney to review the criminal history record to determine which offenses qualify for expungement.

Certain misdemeanor convictions are NEVER eligible for expungement. They are:

  1. Sex offenses (ex: rape, sodomy, sexual abuse, sexual misconduct, indecent exposure). KRS 431.078(4)(a)
  2. Offenses committed against a child (ex: abandonment, endangering the welfare, or unlawful transaction with a minor). KRS 431.078(4)(a)

Any misdemeanor or violation may NOT be expunged if:

  • The person is still on probation. KRS 431.078(2)
  • There is a pending proceeding against the person for a felony, misdemeanor, or violation. KRS 431.078(4)(c)
  • The offense is subject to enhancement for a second or subsequent offense and the time for such an enhancement has not expired. KRS 431.078(4)(d)

Traffic Offenses / Traffic Tickets

In Kentucky, traffic offenses MAY be expunged since they are misdemeanors or violations like other non-traffic crimes. This is beneficial because, while private individuals may only request another person’s 3-year driving history record from the Kentucky Transportation Cabinet, the same private individual could request another person’s full criminal record report where the charges remain unless expunged. While most people would not feel too poorly about having a few speeding tickets or seatbelt violations on their record, multiple traffic offenses do look bad to prospective employers, landlords, lenders, etc. In addition, certain traffic charges are more serious and potentially damaging to one’s reputation. These include reckless driving, operating on suspended / revoked operator’s license, failure of owner to maintain required insurance / security, leaving the scene of an accident / failure to render aid or assistance, or driving without a license / negligence in accident.

Juvenile Offenses

In Kentucky, juvenile offenses MAY be expunged if the offense was adjudicated under KRS Chapters 630, 635, or 645 only, but not under KRS Chapters 620 or 640. KRS 610.330(1). This means expungement-eligible juvenile offenses are misdemeanors, violations, Status Offenses, or Mental Health issues. Expungement is NOT available for Dependency, Neglect, and Abuse issues or felonies.

Any juvenile offense may NOT be expunged if:

  • The person has been convicted of a felony or another juvenile offense since the court’s jurisdiction over the person terminated or after the person’s unconditional release from commitment. KRS 610.330(3)(a)
  • There is a pending proceeding against the person for a felony or another juvenile offense. KRS 610.330(3)(b)

Emergency Protection Order / Temporary Protection Order

Pursuant to KRS 403.745 and KRS 456.070, emergency protection orders and temporary protection orders may be expunged if:

  • The petition in the case did not result in the issuance of a domestic violence order / non-temporary protection order;
  • 6 months have elapsed since the case was dismissed; and
  • The petitioner was not bound by an order of protection issued by any person in the prior 6 months.

More Info

If you have read all this and are still not sure whether your records are eligible for expungement, consider having our firm review your criminal records prior to filing for expungement. Please see the Expungement of Kentucky Criminal Records page for more information.