Kentucky Expungement | Clean Slate Law Kentucky

Written by: Eagle Eye Screening Solutions

• In 2024, the Kentucky legislature is considering a Clean Slate law that would automatically erase certain criminal records. These would likely be the same ones that can be expunged by petition under current state law.
• The state of Kentucky provides an online system where individuals can apply to have criminal records expunged. These include arrests that did not result in a conviction, as well as many misdemeanors and felonies.

A proposed Kentucky Clean Slate law, under consideration in 2024, would establish automatic expungement of a number of criminal records. State and local prosecutors would have an opportunity to object to the expungement of specific records. The eligibility rules would be similar to those under the state’s current application system.

Today, there is an online system where eligible individuals may apply for expungement. Arrests that did not result in conviction are eligible. Many misdemeanors are eligible for expungement five years after the sentence or probation is completed. Some felonies are also eligible after five years. There must not be any new crimes during those five years. Violent crimes, sexual offenses, crimes against children, and public corruption are ineligible.

There is an online expungement request system that many people will be able to use without the help of an attorney. Clean Slate Kentucky, under the Department of Public Advocacy, provides a website to help people navigate the process.

There is not a statewide ban-the-box law that limits how employers may ask about criminal records. However, state executive branch agencies are prohibited from asking about criminal history on initial applications. Also, the City of Louisville bans the box for the city and its vendors.



State law extends the federal Fair Credit Reporting Act (FCRA) by prohibiting CRAs from reporting any information about arrests not resulting in conviction. Also, expunged convictions may not be reported.

Under Kentucky expungement, the arrest and/or conviction is removed from the system and will not appear on background checks. In response to any inquiry, the courts and other agencies will state that the record does not exist. The individual is not required to disclose the record to a potential employer. However, prosecutors may maintain a record, not visible to the public, for law enforcement purposes.

Expungement is done by request via an online system maintained by the state. Many people are able to use the system without outside help. There is no charge to apply for the removal of an arrest record that did not result in conviction. However, there are fees for misdemeanor and felony convictions of $40 and $300, respectively.

Records that have been expunged should not turn up in a search, and CRAs may not report them in any case. Also, CRAs may not report arrests that did not result in a conviction, even when these do show up in a search.

Current Kentucky law allows individuals to apply, via an online system, for expungement of non-conviction arrests and many misdemeanor and felony convictions. If a Clean Slate law under consideration is enacted, expungement will become automatic.