Kentucky Cannabis Expungement & Beshear Cannabis Pardon

The Two Pathways

Kentucky’s cannabis-conviction relief comes through two distinct mechanisms:

1. Judicial expungement — an individual petition filed in the court of conviction, governed by KRS 431.073 and related statutes. Available for most misdemeanors and some Class D felonies after a waiting period.
2. Executive pardon — a gubernatorial pardon issued by the Governor of Kentucky. Gov. Andy Beshear initiated a categorical cannabis-pardon program in November 2022 for low-level possession convictions.

The two are not mutually exclusive — you can pursue both, and an expungement after a pardon can finalize the relief. Each does something different.

Pathway 1: Judicial Expungement Under KRS 431.073

Misdemeanor cannabis convictions

• Wait period: 5 years from the date of completion of sentence (probation, fines, community service all completed).
• Eligibility: No additional convictions in the 5-year window, no pending charges, all financial obligations satisfied.
• Filing fee: $250.
• Cannabis applicability: KRS 218A.1422 simple possession of marijuana (Class B misdemeanor — 45 days, $250 max), KRS 218A.500 paraphernalia (Class A misdemeanor — 12 months, $500 max), and similar low-level offenses.
• Standard: Court-discretionary; the prosecutor can object, though most prosecutors do not oppose properly-filed cannabis expungements.

Class D felony cannabis convictions

• Wait period: 5 years post-completion of sentence (some categories require 10 years).
• Eligibility: Single Class D felony, non-violent, completed sentence, no convictions in the wait period.
• Filing fee: $500.
• Cannabis applicability: KRS 218A.1421 marijuana trafficking (under 8 oz first offense), KRS 218A.1423 marijuana cultivation (5+ plants), some marijuana sale/delivery offenses.
• Standard: Discretionary. Court considers the prosecutor’s position, victim impact (rare for cannabis), and the petitioner’s rehabilitation.

The petition process

1. Pull your record from the Administrative Office of the Courts (AOC) or via Kentucky Court of Justice case search (eCourts).
2. Verify eligibility against KRS 431.073 / 431.078 (the misdemeanor/felony statutes).
3. Prepare the petition. AOC publishes standard forms.
4. File in the court of conviction. Pay the filing fee.
5. Serve the Commonwealth Attorney (felonies) or County Attorney (misdemeanors). They have 60 days to respond.
6. Court ruling. Some cases handled on the papers; some require a hearing.
7. If granted, the court orders sealing across AOC, KSP, FBI, and any other agencies holding the record.

Pathway 2: Gov. Beshear’s Cannabis Pardon Program

In November 2022, Gov. Andy Beshear announced a categorical pardon program for low-level cannabis possession convictions. The framework:

• Eligibility: Convictions for simple possession of marijuana (KRS 218A.1422), no other felonies, no pending charges.
• Coverage: Misdemeanor possession only — not trafficking, cultivation, or felony quantities.
• Effect: A full pardon — the conviction is forgiven by executive action, and civil rights (voting, jury service) are restored.
• Application: Initially through the Governor’s Office of General Counsel; subsequent administrative rules established a more formal application portal.
• Cost: No application fee for the pardon itself.

Beshear’s 2022 announcement was followed by a formal pardon-issuance process that has resulted in pardons across multiple rounds. The exact total varies by reporting period; check the Governor’s Office for current numbers.

Pardon vs Expungement — Different Effects

The cleanest relief is to obtain the pardon first (forgive the conviction, restore civil rights) and then file an expungement petition (seal the record). The pardon does not block expungement; it strengthens the eligibility argument.

What Relief Does NOT Do

• Federal background checks — FBI databases may still surface the record. State expungement and state pardon do not bind federal agencies.
• Immigration consequences — federal immigration law generally does not recognize state expungement or state pardons. Non-citizens face the same removal/inadmissibility issues. Critical: consult an immigration attorney.
• Subsequent prosecution — expunged records remain accessible for sentencing enhancement.
• Some professional licensing — certain license categories (law enforcement, healthcare licensing boards) ask about all convictions regardless.

What If Your Conviction Is Outside Both Pathways?

If your KY cannabis conviction falls outside KRS 431.073 eligibility (e.g., a Class C felony for large-quantity trafficking) and outside Beshear’s pardon program (anything other than simple possession), the remaining option is an individual gubernatorial pardon petition through the Governor’s Office. These are discretionary, slow (12–24 months), and uncommon. The petition requires substantial documentation: rehabilitation evidence, character references, reasons for the request, and a recommendation from the sentencing court if available.

The Kentucky Parole Board accepts pardon recommendations and processes applications. Most KY cannabis convictions either qualify for the categorical Beshear pardon or for KRS 431.073 expungement; individual pardons are mainly for cases that fall outside both.

Bottom Line

Kentucky cannabis expungement under KRS 431.073 is a real relief route for most misdemeanor cannabis convictions and many low-felony convictions, with a 5–10 year wait and modest filing fees. The Beshear cannabis pardon program is a faster, cheaper alternative for simple possession convictions and is now an established Kentucky relief mechanism. The two combined cover most pre-legalization cannabis convictions in the state. Until a formal automatic-expungement statute passes the General Assembly — not yet on the table — individual petitions and pardon applications are the operational paths.

For state-by-state expungement comparison, see CannabisExpungement.org.