Expungement

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Can I Get Rid of My Record?

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

I. Misdemeanors and Violations: what may be eligible for expungement:
a. Criminal Trespass
b. Theft by Unlawful Taking (shoplifting)
c. Possession of Marijuana
d. Public Intoxication; and
e. Many other types of misdemeanors and violations.

II. Misdemeanors and Violations: what convocations are never eligible for expungement:

A. Under KRS 431.078(4)(a), the following types of misdemeanor convictions can never be expunged:
1.Rape;
2. Sodomy;
3. Sexual Abuse
4. Sexual misconduct;
5. Indecent exposure; and
6. Offenses committed against a child

B. In addition, under KRS 431.078 (2) if a person is on probation, any misdemeanor conviction or violation may not be expunged and if there is a proceeding against a person for a felony, misdemeanor or violation, he or she may not receive an expungement under KRS 431. 078(4)(e).

III. Kentucky Law and Expungement of a Felony Conviction:  In the Commonwealth, prior to July 2016, most felonies could never be expunged, except:

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

B. Felony reduced to 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.

C. Felony Expungement and Pre-trial diversion –If a defendant convicted of a Class D felony completes a pretrial diversion program under KRS 533.250, this conviction may be eligible for expungement.

IV. Felony Expungements  Are Now  Available in the Commonwealth:  Beginning in July 2016, many Class D Felonies became eligible for expungement. Click here for more information regarding Felony Expungements, including a list of which offenses are eligible.

V. 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. However, under Kentucky law, only a few types of felony convictions can be voided. For example, the charge of possession of a controlled substance in the first degree, is a type of Class D felony that may possible be voided.

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.