We’ve all made mistakes. For some, the repercussions of their actions follow them forever. However, because of a new law effective July, 15th 2016 sixty-one specific felony convictions are eligible for expungement. A felony revokes your right to vote and brands you to potential employers. Keep reading, all the way to the end, to find out if you qualify and what to do next in the Felony Expungement process.
When does the law become effective in Kentucky?
The Kentucky General Assembly Passed House Bill 40 thanks to the hard work of State Representative Darryl Owens and others. This law goes in to effect July 15, 2016 and allows for certain Class D felony convictions to be vacated and expunged. Defendants must file applications with the court to file for their case to be expunged. If granted, the case will be expunged and removed from all state government records.
How long do I have to wait to file for Felony Expungement in Kentucky?
A defendant may file for expungement five (5) years after successful completion of probation or parole, whichever happens later.
How do I apply for Felony Expungement in Kentucky?
You have to take certain steps to file for felony expungement including the following:
- Request an expungement certificate from the Administrative Office of Courts (“AOC”) and pay corresponding $40 fee.
- Complete and sign the AOC application for Felony Expungement and file the the county court where convicted with attached expungement certificate.
- Pay the $500 filing fee.
When happens if the prosecutor objects to my Felony Expungement in Kentucky?
The prosecutor may object within 60 days of the filing of the application and the court will schedule a hearing and send notices out if that happens.
When happens if the prosecutor agrees to my Felony Expungement in Kentucky?
If the prosecutor agrees then the court may issue an order without a hearing.
How much are the Filing Fees?
AOC charges $40 for an expungment certificate which must be filed along with the motion.
The Felony Expungement motion fee is $500.
What does it mean if my motion for felony expungement is granted in Kentucky?
A person who’s felony has been expunged means that he or she will never have to disclose that he or she was convicted of that felony. The court and other state agencies will delete that information from their records permanently. It will no longer appear on official state performed background checks. The person’s right to vote will be restored as well if the person is not otherwise prohibited from voting.
What if I was charged with a felony but never indicted in Kentucky?
This law also allows the expungement petition to be filed after 12 months have passed from the date the District Court referred the matter to the grand jury.
What if I have been pardoned in Kentucky?
Anyone who has been pardoned can file to have their felony conviction vacated and expunged and this includes felonies not listed in the law.
Which felonies are eligible for expungement in Kentucky?
KRS 17.175 Unlawful use of DNA database identification system.
KRS 186.990 Motor Vehicles, Operators, and Trailers – Theft and Fraud Offenses.
KRS 217.181 Theft of a legend drug.
KRS 217.207 Theft, criminal possession, trafficking, or unlawful possession of a prescription blank.
KRS 217.208 Forgery of a prescription.
KRS 218A.140 Prohibited acts relating to controlled substances – Penalties.
KRS 218A.1415 Possession of controlled substance in first degree.
KRS 218A.1416 Possession of controlled substance in second degree.
KRS 218A.1417 Possession of controlled substance in third degree.
KRS 218A.1418 Theft of a controlled substance (Repealed in 2013).
KRS 218A.1439 Trafficking in or transferring a dietary supplement — Exceptions — Penalties.
KRS 218A.282 Forgery of a prescription.
KRS 218A.284 Criminal possession of a forged prescription.
KRS 218A.286 Theft, criminal possession, trafficking, or unlawful possession of a prescription or blank.
KRS 218A.320 Criminal possession of a medical record – Penalties.
KRS 218A.322 Theft of a medical record – Penalties.
KRS 218A.324 Criminal falsification of a medical record – Penalties.
KRS 218A.1423 Marijuana Cultivation — Penalties.
KRS 244.165 Unlawful sale and shipment by out-of-state seller directly to a Kentucky consumer — Permissible shipments of wine into Kentucky by out-of-state small farm wineries — Penalty.
KRS 286.11-057 Penalties under KY Financial Services Code.
KRS 304.47-025 Felony offense involving dishonesty or breach of trust — Fraudulent insurance act
KRS 324.990 Engaging in real estate brokerage without license – Penalties.
KRS 365.241 Counterfeiting intellectual property — Penalties — Disposition of property.
KRS 434.155 Filing illegal lien.
KRS 434.675 Use of scanning device or reencoder to obtain payment card information prohibited.
KRS 434.850 Unlawful access to a computer in the second degree.
KRS 434.872 Disclosure of information from financial information repository – Penalties.
KRS 511.040 Burglary in the third degree.
KRS 512.020 Criminal mischief in the first degree.
KRS 514.030 Theft by unlawful taking or disposition – Penalties.
KRS 514.040 Theft by deception.
KRS 514.050 Theft of property lost, mislaid, or delivered by mistake.
KRS 514.060 Theft of services.
KRS 514.065 Possession, use or transfer of device for theft of telecommunications services.
KRS 514.070 Theft by failure to make required disposition of property.
KRS 514.080 Theft by extortion.
KRS 514.090 Theft of labor already rendered.
KRS 514.100 Unauthorized use of automobile or other propelled vehicle.
KRS 514.110 Receiving stolen property.
KRS 514.120 Obscuring identity of machine or other property.
KRS 514.140 Theft of mail matter.
KRS 514.150 Possession of stolen mail matter.
KRS 514.160 Theft of identity.
KRS 516.030 Forgery in the second degree.
KRS 516.060 Criminal possession of forged instrument in the second degree.
KRS 516.090 Possession of forgery device.
KRS 516.108 Criminal simulation in the first degree.
KRS 517.120 Operating a sham or front company.
KRS 518.040 Sports bribery.
KRS 522.040 Misuse of confidential information.
KRS 524.100 Tampering with physical evidence.
KRS 525.113 Institutional vandalism.
KRS 526.020 Eavesdropping.
KRS 526.030 Installing eavesdropping device.
KRS 528.020 Promoting gambling in the first degree.
KRS 528.040 Conspiracy to promote gambling.
KRS 528.050 Possession of gambling records in the first degree.
KRS 530.010 Bigamy – Defense.
KRS 530.050 Nonsupport and flagrant nonsupport.