Felony Expungement

expungements-lawhelplouisville

Can I Get Rid of My Felony Record?

Under Kentucky law, some convictions can be removed from your criminal record through the expungement process.

Felony Expungement Will Soon Be Available in the Commonwealth

On March 29, 2016, the KY Senate passed HB 40 which will allow Kentuckians, convicted of certain Class D felonies, to vacate the judgment of their felony. On April 12, 2016, the Governor of Kentucky signed this bill into law and the law went into effect on July 15, 2016

This law is a major breakthrough for criminal justice reform in Kentucky. Once the felony judgment has been vacated, the person’s record is effectively expunged. This opens up employment, housing, and other opportunities that have sometimes been denied to a person with a felony conviction on their record.

If you are a person with a felony conviction on your record, you may be able to get your record expunged under HB 40, here is what you need to know.

I. Felonies Eligible for Expungement After Passage of HB 40

KRS Description
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$100 *REPEALED 2005*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218A.1418 Theft of a controlled substance *REPEALED* 2013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

II. Felonies: what convictions are never eligible for Expungement?

  1. Sex related offenses; and
  2. Crimes against children

 III. Kentucky Law and Expungement of a Felony Conviction:
You may also be eligible for an expungement of a felony conviction if you meet any of following criteria:

  1. The person was not convicted;
    The chargers were dismissed with prejudice; or
    3. The person was found not guilty

What to do if you have a felony that was reduced to a misdemeanor conviction:

If a person is charged with a felony but the charge is later reduced to a misdemeanor, this charge would probably be eligible for expungement, even if there was a misdemeanor conviction. If you want to find out more about expunging a misdemeanor conviction, you can read more here.

Voiding a felony conviction:  

A voided conviction may have the same effect as an expungement of a conviction. For example the record will be sealed and will not show up on background checks. With the passage of HB 40, you may now be able to get your felony conviction vacated.

Since certain crimes may be charged as either misdemeanors or felonies, it is usually best for an attorney to review the criminal history record to determine which offenses qualify for expungement.

Feel free to email or call 502-771-0588 for more information.