Felony Expungement If you are a convicted Class D felony in Kentucky, a new state law will allow many of those charges to be wiped clean from criminal records five years after a sentence or probation is completed. Kentucky’s new law becomes effective July 1, 2016.
Once an expungement petition is filed with the court, the process will take at least 120 days to complete.
For assistance with Kentucky’s new expungement law or to have a case reviewed to see if it is eligible for the expungement process, contact Attorney Emily Roark at the Bryant Law Center at 270-442-1422.
Up to 100,000 Kentuckians could be eligible to have their convictions vacated. To be eligible, an applicant cannot have any pending misdemeanor or felony charges and cannot be on any form of probation. The Kentucky law does not include any federal court charges.
The new law covers 61 felonies, (see attached list) or about 70 percent of the available infractions. The law specifically excludes expungement for any violent crimes, sexual offense or for any crimes against children or public corruption.
The measure was passed primarily to help complete the criminal rehabilitation process and to allow people an opportunity at obtaining better employment by being able to show a clean criminal history.
Some of the most frequently committed offenses are failure to pay child support, possession of a controlled substance and various theft charges.
Under the final bill passed by the Kentucky General Assembly and signed into law, felons who want their records cleared will need a clean record for five years after their sentences or probation are complete and pay a $500 state fee. The case will be reopened and the conviction vacated and then dismissed.
The law also allows for the dismissal and expungement of felony district court charges, for which a grand jury did not return an indictment.
The law allows local prosecutors to object to the expungement petition and it also allows for any victims of the crime to be notified. It also allows for the removal of a expunged case defendant’s name in any published court opinion discussing that case.
Under existing Kentucky law, it may also be possible to have some misdemeanor convictions expunged including: Criminal Trespass; Theft by Unlawful Taking (shoplifting); Possession of Marijuana; Public Intoxication and several other types of misdemeanors and violations or any charge that resulted in an acquittal.
The bill describes expungement as follows:
After the expungement, the proceedings in the matter shall be deemed never to have occurred. The court and other agencies shall delete or remove the records from their computer systems so that any official state-performed background check will indicate that the records do not exist. The court and other agencies shall reply to any inquiry that no record exists on the matter. The person whose record is expunged shall not have to disclose the fact of the record or any matter relating thereto on an application for employment, credit, or other type of application.”Felonies Eligible for Expungement After Passage of HB 40
Felonies Eligible for Expungement After Passage of HB 40
- 17.175 Unauthorized use/dissemination/receipt of DNA info
- 186.990 Theft of motor vehicle plates/decal
- 194A.505 False statement/Misrep to receive benefits >$100
- 194B.505 False statement/Misrep to receive benefits >$100 *REPEALED 2005*
- 217.181 Theft of a legend drug
- 217.207 Theft, criminal possession, trafficking, or unlawful possession of a prescription blank
- 217.208 Forgery of a prescription
- 218A.140 Prohibited acts relating to controlled substances
- 218A.1415 Possession in 1st degree
- 218A.1416 Possession of controlled substance in 2nd degree
- 218A.1417 Possession of controlled substance in 3rd degree
- 218A.1418 Theft of a controlled substance *REPEALED* 2013
- 218A.1423 Cultivation of Marijuana
- 218A.1439 Trafficking in or transferring a dietary supplement
- 218A.282 Forgery of a prescription
- 218A.284 Criminal possession of a forged prescription
- 218A.286 Theft, criminal possession, trafficking, or unlawful possession of a prescription or blank
- 218A.320 Criminal possession of a medical record
- 218A.322 Theft of a medical record
- 218A.324 Criminal falsification of a medical record
- 244.165 Unlawful sale and shipment of alcoholic beverages by out-of-state seller directly to a Kentucky consumer
- 286.11-057 False Statement/Certification in money transmission record
- 304.47-025 Felony offense involving dishonesty or breach of trust – Fraudulent insurance act
- 324.990 Engaging in real estate brokerage without license
- 365.241 Counterfeiting intellectual property
- 434.155 Filing illegal lien
- 434.675 Use of scanning device or reencoder to obtain payment card information
- 434.850 Unlawful access to a computer in the second degree
- 434.872 Disclosure of information from financial information repository
- 511.040 Burglary, 3rd Degree
- 512.020 Criminal Mischief, 1st Degree
- 514.030 Theft by unlawful taking or disposition
- 514.040 Theft by deception
- 514.050 Theft of property lost, mislaid, or delivered by mistake
- 514.060 Theft of services
- 514.065 Possession, use, or transfer of device for theft of telecommunications services
- 514.070 Theft by failure to make required disposition of property
- 514.080 Theft by extortion
- 514.090 Theft of labor
- 514.100 Unauthorized use of automobile or other propelled vehicle
- 514.110 Receiving stolen property
- 514.120 Obscuring identity of machine or other property
- 514.140 Theft of mail matter
- 514.150 Possession of stolen mail matter
- 514.160 Theft of identity
- 516.030 Forgery in the second degree
- 516.060 Criminal possession of forged instrument in the second degree
- 516.090 Possession of forgery device
- 516.108 Criminal simulation in the first degree
- 517.120 Operating a sham or front company
- 518.040 Sports bribery
- 522.040 Misuse of confidential information
- 524.100 Tampering with Physical Evidence
- 525.113 Institutional vandalism
- 526.020 Eavesdropping
- 526.030 Installing eavesdropping device
- 528.020 Promoting gambling in the first degree
- 528.040 Conspiracy to promote gambling
- 528.050 Possession of gambling records in the first degree
- 530.010 Bigamy
- 530.050 Flagrant non support