Kentucky expungement guide · Updated October 2026
Dismissed, acquitted, or never indicted
A charge that went nowhere can still show up on a background check. Kentucky lets you clear it, free, and sometimes automatically.
Acquitted or dismissed with prejudice
Since July 15, 2020, when a case ends in acquittal or a dismissal with prejudice, the court is supposed to expunge it on its own about thirty days later, with no petition and no fee. Older cases can be expunged by petition any time after sixty days.
The automatic version frequently does not happen, especially in busier counties. If your case was acquitted or dismissed with prejudice and it still shows up, a petition under KRS 431.076 forces the expungement.
Dismissed without prejudice
A dismissal without prejudice means the charge could in theory be refiled, so there is a waiting period: one year for a misdemeanor, three years for a felony, measured from the dismissal. If it has not been refiled by then, it can be expunged. No court fee.
This is common after a diversion or pretrial program is completed.
Held to the grand jury but never indicted
A felony charge that District Court sent to the grand jury, where no indictment ever came, can be expunged six months after the District Court's decision to send it up. If the prosecutor proceeded by information instead of indictment, this path is not available.
The plea-deal exception
Charges dismissed as part of a deal where you pleaded guilty to something else are not covered by KRS 431.076. They can usually be handled with the conviction under the misdemeanor or felony statutes instead.
What gets expunged
The court record, the arrest record, and any records held by the state police and other agencies. The court will respond to inquiries by saying no record exists, and you may answer "no" when asked whether you were charged.
Questions people ask
Are dismissed charges automatically expunged in Kentucky?
Acquittals and dismissals with prejudice after July 15, 2020 are supposed to be expunged automatically about thirty days later, with no filing and no fee. In practice it often does not happen, and a petition can force it.
How long after a dismissal without prejudice can I expunge?
One year for a misdemeanor, three years for a felony, measured from the dismissal, as long as the charge was not refiled.
Does it cost anything to expunge a dismissed charge?
No court fee. The $40 certification still applies if you have other cases that need it.
Find out where you stand
Two minutes, no Social Security number, and a provisional answer on the spot.