Kentucky expungement guide · Updated October 2026
How the 2016 law passed
Unconvicted started as a blog following House Bill 40 through the 2016 session, day by day. This is that record, lightly trimmed.
Where things stood in January 2016
Kentucky had no felony expungement at all. A Class D felony for possession or a bad check at twenty-two followed you for life, into every job application and apartment lease. Bills had died in the Senate for years. In January 2016 a new governor said he supported it, the House passed HB 40 eighty to eleven, and for the first time it looked like the Senate might move.
The timeline
Mission Statement
A felony conviction, even for a non-violent, minor offense, can be an economic life sentence. The last two Presidents of the United States have admitted to using cocaine--a felony offense in Kentucky. But where they weren't…
The state of the law today
Right now, the only felony conviction potentially eligible for an expungement in Kentucky (well, it's really a different process called voiding, but it's really no difference) is Possession of a Controlled Substance, First…
A first look at the proposed bill
Click here for a Word document version of the proposed expungement bill.
Governor Matt Bevin supports Kentucky felony expungement
New governor Matt Bevin spoke today in front of the Kentucky legislature in support of felony expungement. The Herald-Leader republished the details from an Associated Press report. Prior versions of the bill had been passed…
So how might felony expungement in Kentucky work?
So far, we have looked at the prefiled felony expungement bill in its entirety. I want to take a minute tonight to break down the mechanics of how this bill will work, and what possible compromises we might expect out of a…
House Bill 40 passed 80-11. But what about the Senate?
So as reported in the Herald-Leader, HB40, the version of the expungement bill I talked about last week has passed in the House. The vote is promising, as were the comments from our legislators. My very unscientific scan of…
So What Might the KY Senate do on Felony Expungement?
On January 6th, 2016, Senate Bill 77 was filed in the Kentucky Senate. SB 77 is the Senate's approach to felony expungement in Kentucky. It is notably different from the bill that passed the House last week. In some ways, the…
The thing they don't tell you when you plead guilty.
I've spent a lot of time on this blog talking about the mechanics of expungement in Kentucky, and how it might end up working, but I don't think I've addressed some of the fundamental reasons that expungement is so important…
Time keeps on ticking . . .
I know that many of you out there have been refreshing the blog recently, waiting for a new post. The reality is that we are still waiting for movement in the Senate judiciary committee. Anyone interested in helping make…
African American Kentuckians are four times as likely to be convicted of felonies as non-African Americans
There is no clever or funny or any other way around the sad, sober-reality:
Good news from the Senate
It looks like we may be getting some movement in the near future on expungement, and I am told that the final bill has not been as weakened as we all may have worried. While this article predicted that we would hear something…
Stivers Senate Bill Unveiled
Here is the link for what will likely become the Kentucky Class D Felony Expungement bill. Here is great coverage from CN2. It still has to be passed, but as it was authored by the Senate President, and our Governor has…
What offenses would be covered by Stivers' 2016 Class D Felony Expungement Bill - Part 1
I'm trying hard to break down what offenses will be expungeable under the Stivers Bill. Of course, this is all subject to change as the bill hasn't yet passed. I got through about the first third of them tonight. The rest will…
What crimes would be eligible for felony expungement or vacation under the Stivers' Senate Bill (pt. 2)
Continuing from the previous post, if the Stivers bill passes, these felonies would be eligible for expungement ten years after completing the sentence (including probation and parole):
What crimes would be eligible for felony expungement or vacation under the Stivers’ Senate Bill (pt. 3)
Let's finish up the evaluation of what charges will be eligible for expungement under the Stivers bill by looking at the offenses eligible under the Kentucky Penal Code (KRS 500-532). Brief disclaimer, in all these posts, I've…
Great Op-Ed in the Herald Leader today
The Senate Judiciary will hold a hearing on SB 298- Senator Stiver's expungement bill-- this morning. Kentucky Smart on Crime has a great piece in the Herald-Leader. You can watch the hearings live, starting at 10/9c at KET's…
Felony Expungement passes in the senate judiciary committee
Now it will go to the floor for debate. We are getting a lot closer to this actually happening. From the video of the hearing it looked like there is a decent chance of the waiting period going back to the five year period…
Felon Voting Rights Amendment Passes in Senate
Coverage here at cn|2. The bill would create a ballot initiative for the fall where the general population would vote on a Constitutional Amendment to allow lawmakers to set the standards for when felons get voting rights…
Getting a Spike in Traffic the Last Few Days
I've noticed a real spike in views of the blog in the last few days. Particularly for the posts that outline what offenses would be eligible for expungement under SB298. I hope that it is Senator Stivers' fellow legislators…
Getting nervous, but still a good chance the bill passes.
Yesterday, Sen. Neal filed an amendment to change the cost of applying for a felony expungement from $500 to $250. I'm hearing that there is still a good chance that a bill passes, and if it does happen we should know very…
Felony Expungement PASSES in the SENATE!
This is it! Not only did it pass the Senate, Governor Bevin in his speech last night said that he was proud of the legislation and will sign it as soon as its on his desk. The House still has to concur with the amendments, or…
Felony expungement likely to be signed into law any day
As you all likely heard, the House concurred with the Senate bill and Governor Bevin will be signing the bill into law SOON. Stay posted for more coverage, including detailed information about how you can get your record…
No bill today it looks
I know that lots of you are anxiously awaiting Governor Bevin signing HB40. It will automatically become law ten days after it is delivered from the concurring body (that being the House, who sent the bill to the Governor on…
Patiently waiting
I know that Governor Bevin is very busy, and I have no doubt that he intends to sign HB40 into law very soon. I've seen a lot of traffic from people interested in the bill the last week, and I'm sure you all are waiting for…
So how does a bill become a law in Kentucky?
While we all wait for Governor Bevin to sign the expanded expungement bill into law, I thought I'd take a moment to review exactly how a bill that has passed both houses of congress becomes a law. The particular part of the…
Governor Bevin will sign HB40 on Tuesday, April 12th
According to the Associated Press, Governor Bevin will sign the felony expungement bill into law this Tuesday. Stay tuned for more analysis and an exciting announcement about new tools to help clear criminal records under the…
It's official. Governor Bevin Signed HB40!
Governor Bevin signed HB 40 this afternoon. Governor Matt Bevin said "This is an extraordinary opportunity. Kentucky will be better for it."
Defense Attorney Brad Clark Launches Startup and App to Clear Kentuckians’ Criminal Records Under New Law
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Moving the blog over to Unconvicted
I'd like to thank everyone that followed the blog as we worked to get the bill passed. I know a lot of people are very happy, and some people are very disappointed. I want everyone to know that I will always continue to fight…
What passed
The final bill covered sixty-one listed Class D felonies, one expungement per lifetime, after a five-year wait and a $500 fee. It has since been expanded three times; see the legislation tracker for what the law looks like today.
Find out where you stand
Two minutes, no Social Security number, and a provisional answer on the spot.