Can I get a felony expunged in Kentucky?

Yes, for certain Class D felonies (the lowest felony classification). You must wait at least 5 years after completing your entire sentence (including probation and parole), have no pending charges, and have no subsequent convictions. You file a petition with the court and pay a $500 filing fee. Sex offenses, offenses against children, and some violent crimes are excluded from felony expungement.

Does Kentucky have ban-the-box?

For state government employers, yes — Executive Order 2017-065 prohibits state executive branch agencies from asking about criminal history on initial applications. For private employers statewide, no. However, Louisville has a local fair-chance ordinance covering private employers within city limits. Check if your city has a similar local law.

How much does Kentucky expungement cost?

The filing fee for felony expungement in Kentucky is $500. Misdemeanor and violation expungement fees are lower. Fee waivers may be available if you cannot afford the cost — ask the court clerk or a legal aid attorney about your options. Some legal aid organizations also hold free expungement clinics where they help with the paperwork at no cost.

What offenses cannot be expunged in Kentucky?

Kentucky excludes from expungement: sex offenses, offenses against children (such as child abuse or child exploitation), human trafficking, and certain violent crimes. Offenses requiring sex offender registration are also excluded. Additionally, you cannot have pending charges or subsequent convictions when you apply for expungement.

Does Kentucky require employers to do individualized assessments?

No. Kentucky state law does not require employers to perform individualized assessments when evaluating criminal history. Employers can make blanket decisions based on criminal records. Federal EEOC guidance recommends considering the nature of the offense, time elapsed, and job relevance, but this is guidance rather than a Kentucky state mandate.

Will an expunged record show up on a Kentucky background check?

Once a record is expunged in Kentucky, it is sealed from public view and should not appear on standard employment background checks. You can legally answer 'no' when asked if you have been convicted of the expunged offense. However, law enforcement and certain government agencies may still access expunged records. If an old record persists in a private database, you can dispute it under the FCRA.

Can I expunge a DUI in Kentucky?

DUI expungement in Kentucky depends on the specifics. A first-offense DUI (misdemeanor) may be eligible for expungement after the waiting period. Multiple DUI convictions or aggravated DUI charges may face additional restrictions. Consult with a legal aid attorney to determine if your specific DUI conviction qualifies for expungement.

Kentucky Background Check Laws

No state lookback limitLast updated: 2026-04-01

Kentucky has no state lookback limit — convictions can be reported indefinitely. Ban-the-box applies to state executive branch employers only (2017 executive order). Kentucky allows expungement for certain Class D felonies after 5 years and misdemeanors after shorter waiting periods.

Overview

Kentucky does not impose a state-level time limit on how far back criminal convictions can be reported on a background check. Under the federal FCRA defaults, convictions can appear indefinitely. This means convictions from any time period — even decades ago — can still show up on a standard employment background check in Kentucky. Governor Bevin signed an executive order in 2017 implementing ban-the-box for state executive branch employers. State agencies cannot ask about criminal history on initial job applications and must delay the inquiry until later in the hiring process. However, this executive order does not extend to private employers or local governments. Some Kentucky cities, including Louisville, have enacted their own local fair-chance ordinances that cover additional employers. Kentucky has made meaningful progress on expungement in recent years. The state allows expungement by petition for certain felonies, including Class D felonies (the lowest felony classification) after a 5-year waiting period. This was a significant expansion, as Kentucky was one of the first states to allow felony expungement. The process requires filing a petition, paying a fee, and demonstrating rehabilitation. Misdemeanor and violation expungement is also available with shorter waiting periods.

How Far Back Does a Background Check Go in Kentucky?

Record Type	Rule in Kentucky
Felony Convictions	Reported indefinitely. No state time limit on felony conviction reporting. Even very old felony convictions can appear on background checks.
Misdemeanor Convictions	Reported indefinitely. No state time limit on misdemeanor conviction reporting.
All Convictions	No state limit. Convictions are reported indefinitely under FCRA defaults. Kentucky has no statute restricting how far back consumer reporting agencies can report criminal convictions.
Arrests (No Conviction)	Under the FCRA, arrests not resulting in conviction can be reported for up to 7 years. Kentucky does not impose a stricter limit on arrest record reporting.
Pending Cases	Pending charges can be reported and considered by employers. Kentucky has no specific restriction on reporting pending criminal cases.

Ban the Box / Fair Chance

Yes

Governor Bevin signed Executive Order 2017-065 implementing ban-the-box for state executive branch employers. State agencies cannot ask about criminal history on initial employment applications. This does NOT apply to private employers statewide. However, some Kentucky cities have enacted local fair-chance ordinances — Louisville's ordinance covers both public and private employers within city limits.

Effective: 2017-03-31

Clean Slate / Auto-Sealing

No Clean Slate law

Kentucky does not have a Clean Slate or automatic record-sealing law. However, Kentucky has a petition-based expungement system that was significantly expanded by SB 57 and subsequent legislation. Eligible individuals can petition to expunge: Class D felonies (5-year wait after sentence completion), misdemeanors (5-year wait), and violations (shorter waits). Certain offenses are excluded, including sex offenses, offenses against children, and some violent crimes. The expungement filing fee is $500 for felonies, though fee waivers may be available.

What Employers Can Do in Kentucky

When can employers ask about criminal history?: Private employers in Kentucky can ask about criminal history at any time, including on the initial application. State executive branch employers must delay inquiry until later in the hiring process. In Louisville, private employers must wait until after the initial application to ask about criminal history.
What can they consider?: Kentucky employers can consider any criminal conviction regardless of age or job relevance. There is no state law requiring individualized assessment. However, if a record has been expunged, it is sealed from public view and employers should not have access to it. Federal EEOC guidance recommends considering the nature of the offense, time elapsed, and job relevance.
Individualized assessment required?: No state requirement for individualized assessment, though EEOC guidance recommends it.

Key Laws in Kentucky

Kentucky Expungement Law (KRS 431.073, 431.076, 431.078)
Allows petition-based expungement for eligible offenses. Class D felonies can be expunged after 5 years. Misdemeanors and violations also eligible with appropriate waiting periods. Excludes sex offenses, offenses against children, and certain violent crimes. Filing fee of $500 for felonies.
Executive Order 2017-065 — Ban-the-Box (State Employers)(2017)
Prohibits Kentucky executive branch state agencies from asking about criminal history on initial employment applications. Does not apply to private employers or local governments (though some cities have their own ordinances).
Louisville Metro Fair Chance Ordinance(2020)
Louisville's local ordinance extending ban-the-box to private employers within city limits. Employers cannot ask about criminal history on initial job applications. Provides broader protections than the state executive order.
Fair Credit Reporting Act (FCRA) — Federal(1970)
Federal law governing background check agencies. Since Kentucky has no stricter state lookback law, FCRA defaults apply: convictions reported indefinitely, non-conviction arrests limited to 7 years.

Frequently Asked Questions — Kentucky

How far back does a background check go in Kentucky?: Kentucky has no state lookback limit. Criminal convictions — both felonies and misdemeanors — can be reported indefinitely on background checks. Under the federal FCRA, arrests not resulting in conviction are limited to 7 years. The only way to prevent old convictions from appearing is to have them expunged.
Can I get a felony expunged in Kentucky?: Yes, for certain Class D felonies (the lowest felony classification). You must wait at least 5 years after completing your entire sentence (including probation and parole), have no pending charges, and have no subsequent convictions. You file a petition with the court and pay a $500 filing fee. Sex offenses, offenses against children, and some violent crimes are excluded from felony expungement.
Does Kentucky have ban-the-box?: For state government employers, yes — Executive Order 2017-065 prohibits state executive branch agencies from asking about criminal history on initial applications. For private employers statewide, no. However, Louisville has a local fair-chance ordinance covering private employers within city limits. Check if your city has a similar local law.
How much does Kentucky expungement cost?: The filing fee for felony expungement in Kentucky is $500. Misdemeanor and violation expungement fees are lower. Fee waivers may be available if you cannot afford the cost — ask the court clerk or a legal aid attorney about your options. Some legal aid organizations also hold free expungement clinics where they help with the paperwork at no cost.
What offenses cannot be expunged in Kentucky?: Kentucky excludes from expungement: sex offenses, offenses against children (such as child abuse or child exploitation), human trafficking, and certain violent crimes. Offenses requiring sex offender registration are also excluded. Additionally, you cannot have pending charges or subsequent convictions when you apply for expungement.
Does Kentucky require employers to do individualized assessments?: No. Kentucky state law does not require employers to perform individualized assessments when evaluating criminal history. Employers can make blanket decisions based on criminal records. Federal EEOC guidance recommends considering the nature of the offense, time elapsed, and job relevance, but this is guidance rather than a Kentucky state mandate.
Will an expunged record show up on a Kentucky background check?: Once a record is expunged in Kentucky, it is sealed from public view and should not appear on standard employment background checks. You can legally answer 'no' when asked if you have been convicted of the expunged offense. However, law enforcement and certain government agencies may still access expunged records. If an old record persists in a private database, you can dispute it under the FCRA.
Can I expunge a DUI in Kentucky?: DUI expungement in Kentucky depends on the specifics. A first-offense DUI (misdemeanor) may be eligible for expungement after the waiting period. Multiple DUI convictions or aggravated DUI charges may face additional restrictions. Consult with a legal aid attorney to determine if your specific DUI conviction qualifies for expungement.

Kentucky Resources

Kentucky State Police — Criminal Records
Request your Kentucky criminal history record. You will need this to review your record and identify eligible offenses for expungement.
Kentucky Legal Aid
Provides free legal assistance to low-income Kentuckians, including help with criminal record expungement petitions.
Kentucky Department of Public Advocacy — Expungement
Information about Kentucky's expungement process, eligibility requirements, and how to file a petition.
Louisville Metro Office of Equity — Fair Chance
Information about Louisville's fair-chance hiring ordinance and how to file complaints about violations by employers within Louisville Metro.

Disclaimer: This is informational only, not legal advice. Background check laws change frequently. Consult a qualified attorney in Kentucky for advice about your specific situation. Information was last verified on 2026-04-01.

Sources

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