Which Class D felonies qualify

Why the list matters

If your conviction is one of the statutes below, you are in the first tier of KRS 431.073. The prosecutor can still respond, but they cannot force a rehabilitation hearing simply by objecting, and the court does not have to make a separate finding that you pose no risk of reoffending.

If your Class D felony is not on the list, you are very likely still eligible under the catch-all in subsection (1)(d), unless it was a DUI, a sex offense, an offense against a child, abuse of public office, third-offense assault on a family member, retaliating against a witness, or an offense that caused serious bodily injury or death. The difference is that the court must also find you have been rehabilitated, and the prosecutor can require a hearing on that.

The statutes named in KRS 431.073(1)(a)

Controlled substances (KRS Chapter 218A)

Possession, trafficking in smaller amounts, prescription fraud, paraphernalia, and related offenses.

218A.140 · 218A.1415 · 218A.1416 · 218A.1417 · 218A.1418 · 218A.1423 · 218A.1439 · 218A.282 · 218A.284 · 218A.286 · 218A.320 · 218A.322 · 218A.324 · 218A.500

Theft (KRS Chapter 514)

Theft by unlawful taking, deception, failure to make required disposition, receiving stolen property, theft of services, and similar.

514.030 · 514.040 · 514.050 · 514.060 · 514.065 · 514.070 · 514.080 · 514.090 · 514.100 · 514.110 · 514.120 · 514.140 · 514.150 · 514.160

Forgery and related (KRS Chapter 516)

Forgery, criminal possession of forged instruments, and related offenses.

516.030 · 516.060 · 516.090 · 516.108

Fraud and financial offenses (KRS Chapter 434)

Credit and debit card fraud, identity-related offenses, and similar.

434.155 · 434.675 · 434.850 · 434.872

Burglary and criminal damage

Burglary in the third degree and criminal mischief in the first degree.

511.040 · 512.020

Business and public-administration offenses

Deceptive business practices, bribery and official-misconduct offenses, tampering with evidence, institutional vandalism, eavesdropping, and gambling offenses.

517.120 · 518.040 · 522.040 · 524.100 · 525.113 · 526.020 · 526.030 · 528.020 · 528.040 · 528.050

Family offenses (KRS Chapter 530)

Including flagrant non-support.

530.010 · 530.050

Other statutes named in the list

Offenses outside the Penal Code: registration, motor vehicle, public assistance, food and drug, alcohol, financial-institution, insurance, real-estate licensing, and consumer-protection violations.

17.175 · 186.990 · 194A.505 · 194B.505 · 217.181 · 217.207 · 217.208 · 244.165 · 286.11-057 · 304.47-025 · 324.990 · 365.241

Statute numbers are from the 2023 amendment to KRS 431.073 (HB 369). The group descriptions are our shorthand; the statute itself lists only the numbers. If you know your KRS section from the judgment, we can tell you which tier you are in.

Convictions from a single incident

A series of Class D felonies from one incident, all on the list, is treated together. And since 2023, multiple separate Class D felonies can be expunged, not just one per lifetime.