Michael Bouldin is a criminal defense lawyer practicing over 20 years in Kentucky. Kentucky now allows for expungement of felony convictions for non-violent class D felonies.
In Kentucky, 61 specific felony convictions listed under the felony expungement statute may be expunged. These are Class D non-violent offenses, many of which pertain to drug possession or theft. Some of the eligible felonies are:
KRS 217.208 Forgery of a prescription
KRS 218A.140 Prohibited acts relating to controlled substances
KRS 218A.1415 Possession of controlled substance in first, second and third degree
KRS 218A.282 Forgery of a prescription
KRS 218A.284 Criminal possession of a forged prescription
KRS 218A.1423 Marijuana cultivation
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
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 514.100 Unauthorized use of automobile or other propelled vehicle
KRS 514.110 Receiving stolen property
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 530.050 Nonsupport and flagrant nonsupport
Felony Diversion and Dismissals
There are additional felonies which are not included in this list. Additional felonies not listed above may be expunged if:
If the person was not convicted (charges dismissed, acquittal, or not prosecuted).
If the crime was originally charged as a felony but was reduced to a misdemeanor (even if there was a misdemeanor conviction). Case records and background checks will continue to show a felony charge until it is expunged.
If the person was sentenced to and successfully completed a class D felony pretrial diversion program under KRS 533.250 et. seq.
Misdemeanors and DUI Charges
All misdemeanors and DUI charges are can also be expunged. If convicted, a misdemeanor conviction must be more than 5 years old, often 6 or 7 if any probated or conditionally discharged time was given as part of the sentence. If you were acquitted, charges were dismissed or you did a misdemeanor diversion program, you may file and have expunged after only 60 days!
Also, DUI convictions may be expunged after 10 years. This may be important to potential employers, as well as to courts if future troubles arise. Talk to an attorney about rights to have these removed from your permanent record.
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