Class c felony expungement kentucky. 3)(From AOC website) Order for Felony (AOC-496.

Class c felony expungement kentucky In Tennessee, aggravated robbery is a Class B felony. 175, Last updated: September 5, 2024 . Discover detailed answers about Class D felonies in Kentucky, including expungement possibilities, first offenses, and differences between Class D and Class M felonies. According to Kentucky law, the following persons are eligible for an expungement: 1. C. Loss & restoration of civil/firearms rights A. A full list of class D felony convictions eligible for expungement is available on the Kentucky Court of Justice website. Here is what you need to know. See Ky. Stat. You can find a list of Class-D Felonies eligible for expungement. Felony Convictiions Menu Toggle. (2) has been convicted of a felony or other crime if the felony or other crime is substantially related to the qualifications, functions or duties of the licensee”); § 08. Application to Vacate and Expunge Felony Conviction . These are generally the least serious felonies and include certain theft, fraud, and property In 2019, the legislature broadened Kentucky's expungement laws by making most Class D felonies, the least serious felony offenses, eligible for expungement. A new bill has been introduced in the Kentucky Legislature, House Bill 589, that simplifies the process of having criminal records expunged for people who have been convicted of a misdemeanor or class C felony that does not involve violence, sex, a child victim, or public corruption. Class D felony expungement now falls into 5 categories: 1. In Washington, we don't have an "expungement" statute for felony convictions - instead, we call it vacating a record of conviction. A. A “qualified defendant” is one who is found or pleads guilty or nolo contendere to a misdemeanor or a Class C felony or below, and who has not previously been convicted of a felony or Class A misdemeanor for which a sentence of confinement was served. Under legislation enacted in 2016, courts may, for certain offenses, and with the consent of the prosecuting attorney, place a defendant who has no prior felony conviction on probation without an entering a judgement of guilt. § 40-32-101(k) 1. Expungement is an opportunity for a fresh Or. 050. However, certain offenses like marijuana possession have similar requirements and waiting periods. 060: Class A felony — 20 to 50 years or life imprisonment; Class B felony — 10 to 20 years Felony Convictions do not qualify. If an application is submitted and successfully In Kentucky, expungement laws have evolved, notably with the introduction of House Bill 40, expanding eligibility for felony expungement. While an expungement may clear a class-D felony, it will not clear felony classes A through C from a criminal record. Felonies. It's essential to understand what Categories of Class D Felony Expungement. There are exceptions to the 1-felony rule, as explained below. The version of SB 57 being voted on tomorrow would expand felony expungement eligibility in modest but important ways: The bill would: Lower the cost of expungement to $200 — a $50 application fee and an additional $150 to complete the expungement — and allow for payment of the expungement fee by an installment plan. Criminal charges for Class C Felonies include unlawful access to computers in the first degree, use of stolen credit cards where the amount exceed ten thousand dollars, white collar crimes, driving under the influence offenses, manslaughter in the second degree, trafficking in financial Felony expungement is prohibited for Class C, B, and A felonies and for capital offenses. A judge may schedule a hearing. . Felony expungement is prohibited for Class C, B, and A felonies and for capital offenses. Click the New Document button above, then drag and drop the file to the upload area, While a person can still only expunge one lifetime Class D felony conviction, there is an exception or loophole that allows a person to expunge a second A bill reforming Kentucky’s persistent felony offender (PFO) laws passed the Senate Judiciary committee last week. courts. Ann. Class D Felonies. House Bill 369 inserts the word “multiple” into KRS 431. In 2023, expungement was expanded to allow for the expungement of multiple EXPUNGE FELONY CONVICTION lex et justitia C O M M O N W E A L T H O F K E N T U C K Y C O U R T OF J U S T I E AOC-496. Const. In addition, those who had an offense prior to January 1, 1975 that resulted in five or fewer years The sentencing guidelines for felony convictions in Kentucky are: Class A Felony Prison sentence between 20 years to 50 years or life in prison. The New Hope Act, enacted in 2019, brought significant changes to expungement laws in Washington State, offering new opportunities for individuals with certain felony convictions to clear their records. Ed Massey & Associates, PLLC, represent clients statewide. Kentucky Expungement Form refers to the legal What is expungement? In Kentucky, when you are charged with a crime or convicted of a crime, that information stays on your criminal record. I. 0731 The felony conviction expungement law (2016 HB40), which came into effect on July 15, 2016, created a process for the expungement of c lass D felony convictions and for offenses that receive If the stolen property is worth between $10,000 and $1,000,000, it's a Class C felony. 24, effective7/13/1990. However, some types of convictions are not allowed to be expunged, such as sexually based offenses. This section shall apply only to offenses against the Commonwealth of Kentucky. Incarceration of certain Class C and D felons and felons convicted of sex crimes -- Work release for certain inmates. Granted a full pardon, presumably of any felony class. If a state has only three felony levels, Class A typically will be the most serious and Class C the least serious. Class C felonies include theft over $10,000, second degree assault, The class of a felony in Washington state is determined by the maximum sentence that can be imposed for the crime. § 137. If you were charged with a Class B felony, you'll have to wait ten years. Most Class-D felonies can be expunged. Most misdemeanors may be expunged five years after conviction. info@findleyrogerslaw. This division assists in the processing of District Court electronic and manual citations, petitions and orders for expungement, and serves as recommenders in District Criminal courtrooms. Related to Individual Rights. 271 W. com Free Consultation 206. The general rule is that expungement is limited to one felony per impacted person. At any time after a judgment of conviction for any misdemeanor, a class C, D or E felony, or any unclassified f elony carrying a Eligibility for Expungement: Clearly state the specific grounds on which the petitioner is eligible for expungement, based on Kentucky law. I have a decent amount of class c and d misdemeanors and one felony charge that I got dropped to a misdemeanor. 2. KRS 431. to 4:30 p. Under Washington’s Sentencing Reform Act of 1981, as amended in 2012, persons who have completed their sentences and been “discharged” by the court may apply to the sentencing court to “vacate” the record of conviction, which “clears” the record by a set-aside or dismissal of the charges: The ability to expunge a felony from your record can be a significant step towards rebuilding your life, but not all felonies are eligible for Oregon expungement. 174,§ 15, eff. 029 Persistent violent felony offender sentencing. T he 2024 General Assembly will help shape the future of Kentucky, of cannabis and allow for expungement of past criminal offense as a Class D felony and each subsequent offense would be a When Kentucky originally began permitting felony expungement, the laws were very limited in what felonies could be expunged. (12) Any person denied an expungement prior to June 25, 2013, due to the presence of a Kentucky. 6-23 Page 1 of 3 Commonwealth of Kentucky Court of Justice www. These are Class D non-violent offenses, many of which pertain to drug possession The court may permit people with Class C felonies to participate in a secular or faith-based substance abuse treatment or recovery program. Anyone accused by his spouse of a sexual offense if the charge was either dismissed with prejudice or a verdict of not guilty on the charge was entered. I am trying to get a better job and was wondering if getting my record expunged is something I could do myself would I have to pay a lawyer to get every single charge dropped. Class C felony: Persons convicted of Class C felonies may be penalized with a prison term of no less than three years and no more than 15 years. A person may be granted only one expungement in a lifetime. Are there any criminal charges currently pending Use this chart if you were convicted of Class D felonies (Class A, B, and C felonies are not eligible). Unlock a brighter future with our Kentucky Expungement guide. Class C Felony Expungement Kentucky. Legal Aid of the Bluegrass provides representation to those seeking an expungement of Kentucky criminal records that require an expungement to obtain or improve employment opportunities or to assist those with barriers to obtaining housing due to their Kentucky criminal record. Have you gotten a felony expungement after July 2019? Yes. Class C felony: These are the least serious felony offenses, punishable by imprisonment for up to 5 years and fines of up to $10,000. Non-Violent Misdemeanors and Most Class D Felonies. Can a Class C felony be expunged? Expungement is possible in some states under certain conditions, such as completion of the sentence, a waiting period, and maintaining a clean record post-conviction. Code: AFEX Rev. m. The fine for committing a Class C felony is no less than $1,000 and no more than $10,000 or double the amount of the defendant's gain from commission of the offense, whichever is greater. Furthermore, if it involves a crime of domestic battery, there is a separate process you must undertake to have firearms rights restored. You may have trouble securing a job, getting loans, or receiving housing assistance. Free Expungement In Kentucky. How long does it take to expunge a felony in KY? If you are seeking information on Kentucky expungements, it may help you to know what an expungement cannot do. This is the sort of thing that might not be quite so simply expunged as setting fire to a public dumpster. 1412**. Whether to grant expungement orders for these felonies lies within the discretion of the judge, who will usually want to know how the conviction has affected the person’s life, what they learned from their sentence, and how an q The Defendant has had a felony conviction expunged under KRS 431. (12) Any person denied an expungement prior to June 25, 2013, due to the presence of a In the ever-evolving landscape of criminal justice reform, one crucial aspect that has garnered increasing attention is the process of felony expungement In Washington State. KRS 520. RCW 9. Misdemeanor criminal records can be expunged under Kentucky Revised Statute Section 431. “Series” of enumerated felonies arising from a “single incident. 497, sec. Before you begin, please familiarize yourself with the legal information on this topic. An application can’t be filed sooner than 5 years after you finish your sentence OR 5 years after you successfully finish probation or Certain Class D felonies, such as drug possession, are automatically expungable, meaning the court must grant the application for expungement, assuming it was filed properly. . Why Seek an Expungement. But, in 2019, the Kentucky General Assembly amended the laws about felony expungement to AOC-496. 030 Authorized dispositions -- Generally -- Instructions by judge. 11-057: Making a False Statement in a number of Financial disclosures KRS 304. For the last 40 years, Kentucky’s persistent felony offender (PFO) law has added decades to prison sentences of convicted Kentuckians, contributing significantly to Kentucky’s much-too high incarceration rate. § 40-35-313(a)(1)(B). Expungement refers to the legal process of sealing or erasing a criminal record from public view. 326 (board of medical licensing may impose a disciplinary Kentucky makes it a class A misdemeanor to unlawfully possess a Schedule III drug or any Schedule I or II drug not listed as a first-degree offense. (5) Conduct serving as the basis for the conviction of a public servant under this section How to expunge your record in Kentucky . 251(4). Here are the significant sex offense records in Kentucky: Incest (A Class A, B, or C Felony) First-degree Indecent exposure (A Class A or B Misdemeanor, or Class D Felony) a person may expunge more than one Class-D felony in Kentucky. Vacating certain misdemeanor & felony convictions. Theft is a Class C felony if it involves property valued between $10,000 and $1,000,000. Suspended entry of judgment for first felony offenses. 060: Class C felonies are punishable by 5 to 10 years in prison. For instance, trafficking in Schedule I or II narcotics in smaller amounts may result in a Class D felony, punishable by one to five years in prison. •since you were issued a discharge, you have spent a specified number of years in the community (10 years for a Class B felony and certain Class C driving offenses, 5 years for most Class C felonies) without committing any offense or crime that 2023 Kentucky Revised Statutes Chapter 431 - General provisions concerning crimes and punishments 431. § 533. You are eligible for expungement in Kentucky if: You were found not guilty in court, the charges against you were dismissed, or the grand jury on your case failed to indict you; You committed a misdemeanor; You committed an expungable Class-D Felony for the first time. Under Kentucky Revised Statutes Section 532. § Class D Felony Expungement. A person convicted of a class A misdemeanor faces up to 12 months of jail time and a $500 fine. This list of expungable felonies covers between 60 to 70% of all Class D felony charges. If so, it will be within one month of filing. 0795 Expungement fund. Were you convicted or pled guilty to a Class D felony in Kentucky that you want removed (expunged) from your record? Yes. The Class C felony carries a maximum sentence of five years in prison and a fine of $10,000; while The Class B felony carries a maximum sentence of ten years in prison and a fine of $20,000. A Kentucky Class C felony penalty comes with anywhere from five to 10 years imprisonment in a state prison. If your felony charge is not You are probably eligible for an expungement. Kentucky Felony Expungement Update. 079 PETITION FOR EXPUNGEMENT (FOR MISDEMEANOR, VIOLATION, OR TRAFFIC INFRACTION CONVICTION) lex et justitia C O M M O N W E A L T H O F K E N T U C K Y C O U R T OF J U S T I E COMMONWEALTH OF KENTUCKY PLAINTIFF VS. 990: Engaging in real estate brokerage without license As part of an omnibus expungement reform bill, dozens of new, non-violent C and D felonies were added to the felony expungement eligibility list (in addition to a pair of new E felony convictions). Enumerated felonies in KRS 431. If your felony is not specifically listed as a Class D felony that can be expunged, is it afelony conviction for abuse of public office, In 2016, the first felony expungement bill in Kentucky passed after years of effort, primarily by State Representative Felony expungement is prohibited for Class C, B, and A felonies and for capital offenses, unless the expungement follows a full pardon. Kentucky: South Dakota: Hawaii: D. Effect. Good afternoon, thank you for your question. Under current Kentucky law, such individuals are eligible for expungement after the expungement is not granted, you will be refunded $50. If the stolen property is worth between $1,000,000 and $10,000,000, it's a Class B felony. Use this chart if you were convicted of a Class D Felony. Those seeking to expunge a Class D felony must complete a certification process, petition a Kentucky Revised Statutes. In Kentucky, only certain felony convictions may be vacated The sale of heroin is a Class C felony for a first offense, and a Class B felony for a subsequent offense; Trafficking heroin is a Class C felony for a first offense, a Class B felony for a subsequent offense, and enhanced penalties if trafficking occurs within 1000 yards of a school What is expungement? In Kentucky, when you are charged with a crime or convicted of a crime, that information stays on your criminal record. Felony Expungement. 073 Certain felony convictions may be vacated and the records expunged -- Application -- Hearing -- Vacating conviction without a hearing -- Order to vacate and expunge -- Application form -- Fees -- Retroactivity. APPLICATION TO VACATE AND EXPUNGE FELONY CONVICTION lex et justitia C O M M O N W E A L T H O F K E N T U C K Y C O U R T OF J U S T I E AOC-496. Substance, Wanton Endangerment, Promoting Contraband, and Fleeing or Evading Police. Rev. If you already expunged a prior Class D felony from your record, you . 5 § 137. Use this chart if you were convicted of a Class D C. Fill out this form: Application to Vacate and Expunge Felony Conviction. New Expungement Law In Learn the Washington State expungement requirements. Have a misdomeaner theft charge 2 years 2021 Kentucky Revised Statutes Chapter 431 - General provisions concerning crimes and punishments 431. Class D Class C felony: 5 to 10 years’ imprisonment; Class D felony: Benefits of Expungement of Kentucky Misdemeanors. Washington State, nestled in the Pacific Northwest, has been at the forefront of these reforms, recognizing the need to provide individuals with past felony convictions a chance to Under Kentucky law a class d is eligible for expungement; however, a class c felony is not eligible. If it is your second offense the penalty increases to a Class B felony (10-20). (11) As used in this section, "violation" has the same meaning as in KRS 500. 073(4)(a (c) A Class B felony if the value of the public money or property is one hundred thousand dollars ($100,000) or more. CLASS C FELONY. Felony Charges in Kentucky. o Expunging a Class D felony costs $500 per case. 082 Civil action by victim against defendant -- Damages -- Construction. 165: Unlawful sale and shipment by out-of-state seller directly to a Kentucky consumer KRS 286. Now, trafficking less than four grams of cocaine is a Class D felony for first offenses and a Class C felony for subsequent offenses. Complete the following information (please print): Fill Kentucky Requesting Expungement, Edit online. 55. The Kentucky House voted 80 to 11 Friday for a bill that would let people convicted of Class D felonies erase their criminal records and get a second chance at jobs, housing and other Felony expungement is prohibited for Class C, B, and A felonies and for capital offenses. 073(1)(c). If you have a felony conviction in Kentucky, you will be unable to have your eligible misdemeanor convictions expunged. Expunging Felony Convictions. Most Class D felony and non-violent misdemeanor convictions may also become eligible for expungement under Kentucky law. 073 Certain felony convictions may be vacated and the records expunged -- Application -- Hearing -- Vacating conviction without a hearing -- Order to vacate and expunge -- Application form and fee -- Retroactivity. 431. To insure that you stay out of trouble, there are waiting periods before you can apply for an expungement. § 12. Expungement is the legal process of Use this chart if you were convicted of a Class D Felony. 00 or $9. Each free clinic is hosted by an agency or organization within Kentucky. In Kentucky, expungement laws have evolved, notably with the introduction of House Bill 40, – Fleeing and Evading Police: This crime now has tougher penalties, with first-degree evasion bumped to a Class C felony and second-degree to a Class D felony. Absolute Pardon (“expungement pardon”) Relieves all legal disabilities, including those relating to employment and licensure, and results in “erasure” of court records relating to the offense. 4 Rev. ++ Louisiana: Texas: Wisconsin: Illinois: offenses. A. The state of Kentucky offers expungement for many felony offenses. It may also be possible to get multiple Class D felonies expunged, but we will need to look at your specific A criminal defense attorney can assist you in determining if your charges are eligible for expungement in Kentucky. Under certain circumstances, more than one Class-D felony can be expunged. Class B felony: Class B felonies are punishable by imprisonment of a minimum of eight years and not more than 30 years, and a fine of up to $25,000. Senate Bill 225, sponsored by Sen. Felonies and misdemeanors on your record can negatively affect your life. It's also a class A misdemeanor to unlawfully possess a Schedule IV or Whether a Class C felony represents a low- or mid-level felony can depend on how many felony designations a state has. 1 KRS 431. 073 December 28, 2023 By Daniel Sturtevant (Data Officer) Statistics Request Description On October 24, 2023, Research & Statistics received a request from the Administrative Office of the Expungement for multiple misdemeanors, however, is discretionary (meaning the judge can deny the request). Kentuckians with criminal records face many barriers to employment, housing, and other civic activities due to their past criminal records. 331. Second-degree forgery is a Class B felony in Hawaii (HRS 708–851). Process your legal documents with minimum effort and maximum efficiency. 225 authorizes the sentencing court to “set aside” misdemeanors, class C felonies, many class B felonies, 4 Class A racketeering felonies, schedule I drug possession offenses, and “violations” under state law and local ordinance. 9 shall be Add Drop-down Field To Legal Kentucky Expungement Forms with a comprehensive online service helping thousands of users process their paperwork quickly and easily. Most Class D felony convictions (with limited exceptions) are eligible for expungement. Kentucky permits the expungement of certain Class D felonies, which are generally the least serious felony charges. Credit card theft is a Class C felony in Hawaii (HRS 708–8102). Petition Misdemeanor (AOC 496. Fill Kentucky Requesting Expungement, Edit online. , Suite 331 Lexington, KY 40507 Phone: 859-242-3487 According to the Kentucky Expungement Guidebook, expungement refers to the legal process of removing a criminal charge, conviction or arrest from your record. Learn About Criminal Record Expungement I have read this information and want to proceed. You may request the expungement of an unlimited number of misdemeanor convictions. ++ Louisiana: Texas: Wisconsin: Illinois: Maryland: Indiana: Deferred sentencing following a plea is available except in first-degree felony cases, and expungement is available under the procedures and standards applicable Misdemeanors and Class C felony convictions may be set aside three to five New Kentucky Law Allows Expungement of Certain Class D Felonies Monday, June 13, 2016 by Kristin Russell Kentucky's new felony expungement law goes into effect on July 15, 2016 and will be retroactive. 94a. Start your Currently, Kentucky law allows for felony expungement — but it’s optional, and costs both time and money. For example, eligibility based on completing a diversion program, qualifying misdemeanor or felony offenses, or meeting the waiting period requirements. 078. Class B felony. If the stolen property is worth $10,000,000 Class C Felonies are punishable from anywhere between five years to ten years in a state prison. 2)(From AOC website) Order Misdemeanor (AOC-496) (From AOC website) I''m trying to expunge a class c felony bulglary charge committed 7 years ago. 3 Doc. Effective: July 15, 2024 A person convicted of a class C felony or a misdemeanor only has to satisfy a waiting period of as little as 3 years from the date of the conviction and must not have had any other conviction (excluding a traffic violation) within the 10 years prior to A Guide to Expungement Under the New Hope Act. We handle misdemeanor and felony expungements throughout Kentucky. 073, the new law expands that list and now allows for most other Class D felony convictions and felony offenses prior to January 1, 1975 that carried sentence of not more than five years, to be eligible for expungement with some exceptions. However, it is crucial to note that Class D felonies are still serious crimes and carry harsh consequences. 076 permits the expungement of felony charges originally filed in District Court that have not resulted in an indictment by the grand jury. • For a Class D felony conviction, file the Application to Vacate Felony Conviction Form and attach your certification packet. For a free consultation, call us at 859-905-0936 today. 7/15/2024. 080 Conviction of felony does not bar civil remedy. INSTRUCTIONS FOR FILING EXPUNGEMENT OF CONVICTION (S) PURSUANT TO T. 175 Unlawful use of DNA database identification system Were you convicted or pled guilty to a Class D felony in Kentucky that you want removed (expunged) from your record? Yes. There is no statutory authority to seal or expunge felony convictions or pardoned convictions. Your record is eligible to be expunged if: Your conviction, dismissed charge, or record of arrest is for a Class B or C Felony, a Class A, B, or C Misdemeanor, or a violation, but is not one of the ineligible conviction types. 073(1)(b). 3. If you are eligible for and receive expungement, your voting rights will be restored as long as you have no other felonies on your record. Can I ask for an expungement if I was convicted of a felony? Most Class-D felonies can be expunged. PFO laws provide prosecutors with the option of enhanced sentencing for a For a class C felony, not less than five years nor more than 10 years; For a class D felony, not less than one year nor more than five years; Class A felonies include crimes such as robbery, kidnapping and rape, whereas murder is treated as a capital offense — a category that stands alone due to its heinous nature. For a lawyer to expunge records of your criminal history of a Class C felony, you must not have been convicted of any felonies or misdemeanors in the last In the Commonwealth of Kentucky, crimes which carry a sentence of one year or more are classified as felonies. After three years of conviction, you can expunge the majority of misdemeanors. 073; For more information about expungements in Kentucky, visit the Kentucky Court of In Kentucky, 61 specific felony convictions listed under the felony expungement statute may be expunged. Yes, you can expunge a C-Felony and have your firearms rights restored. Expungement Laws in Kentucky. Which Felonies You Can Expunge. 078; 431. If you are caught selling or attempting to sell: – Four grams cocaine or more – 2 grams or more meth – 10 dosage (pills) or Schedule I or II narcotic Kentucky basketball is something of a religion in the state, and Sanders made the point that burning down Rupp Arena would be a Class-D felony as 3rd degree arson. If you are asked when you apply for a job about your expunged arrest or criminal conviction, you can legally answer ‘no’ because an expunged account is completely wiped from your criminal record. 073 but it was prior to June 28th, 2019. Short St. Civil Rights Voting rights: Persons convicted of a felony lose the right to vote and it is restored only by personal action of the governor. For example, an expungement can make it easier to Here are some specific examples of the changes in Kentucky’s drug laws: Trafficking any amount of cocaine used to be a Class C felony for first offenses and a Class B felony for subsequent offenses. 073 outlines the process for a person to file an application to have his or her conviction vacated and expunged. 078 Expungement for class D felony convictions and executive pardons in KRS 431. The waiting period for Njuguna acknowledged Sanders' criticisms but said the bill wouldn't expunge all — or even the majority — of felony records. If you have a felony conviction on your record in Kentucky, you may be able to get your felony record expunged under HB 40. This Act is especially important for those seeking to rebuild their lives after serving their sentences. ky. ” KRS 431. Some of the most frequently KY Department of Advocacy is hosting expungement clinics throughout Kentucky during 2024. A person convicted of a Class C felony faces 5 to 10 years in prison. Most Class D felony convictions (with limited exceptions) are eligible for expungement. You must also have 5 years good behavior. This department processes Commonwealth of Kentucky Court of Justice www. Can a Class C felony be expunged? Expungement is possible in some states under certain conditions, such as completion of the sentence, a waiting period, Drug trafficking offenses in Kentucky are classified as either **Class D, Class C, or Class B felonies**, depending on the drug type and quantity, per **KRS 218A. The option to expunge your misdemeanor from your record can C. “Frequently, when someone has a conviction on their record, they’re underemployed and you can’t afford thousands of dollars for an attorney and court costs if you’re making $7. What is a Class C felony in Kentucky? Class C: Class C felonies include unauthorized and unlawful access to a computer, unauthorized use of a credit card involving $10,000 or more, assault in the second degree, and manslaughter in the second degree, and trafficking in a controlled substance (over a certain amount). Application for Felony (AOC-496. Under this provision, you may submit a petition for expungement six months after the date on which the District Court decided to present your case to the grand jury. These are Class D non-violent offenses, many of which pertain to drug possession or theft. Sign, fax and printable from PC, iPad, tablet or mobile with pdfFiller Instantly. Eligible & Ineligible Records. KRS Chapter 532. Can a felony be expunged in Kentucky? KRS 431. Attorneys will be on-site at each clinic to review Kentucky offense of a felony offense for which he was subsequently convicted. Third-Degree Drug Possession. Vacatur of felonies. Criminal Records Expungement. 225(1)(a). They may also be punished by both imprisonment and fines. 073(1)(a). All Felonies are not expungable, and some common felony convictions that ARE NOT EXPUNGABLE, are drug trafficking, wanton endangerment promoting contraband, fleeing & evading police, and any Class A, Class B, and/or Class C felony. Without expungement, the information threatens to stay on your criminal record for the duration of your life. 5, section 706-622. FORM ID: AOC-496. Class A, B, and C felony convictions cannot be expunged, unless the person received a pardon. Designed for the average legal consumer, this article provides a clear and accessible roadmap to expunging your criminal record in Kentucky. It will be up to the court if the expungement is granted. The Defendant SHALL pay an expungement Between eight ounces and five pounds is a Class D felony for the first offense and a Class C felony (punishable by five to 10 years in prison and a fine between $1,000 and $10,000) for subsequent offenses; These processes should exist in addition to Kentucky’s current expungement laws, but provide for automatic, Waiting Period for Expungement One of the principles behind criminal record expungement is that it applies to one time offenders. Misdemeanors and Class C felony convictions may be set aside three to five years after Understanding Expungement in Kentucky. House Bill 40 passed in April 2016 and will allow individuals with certain Class D felonies and non-indicted felony charges to petition. 3)(From AOC website) Order for Felony (AOC-496. (a) If the offense for which he presently stands convicted is a Class A or Class B felony, or if the person was previously convicted of one (1) or more sex crimes committed against a minor as defined in KRS 17. 076; 431. If your felony is not specifically listed as a Class D felony that can be expunged, is it afelony conviction for abuse of public office, a sexual On April 1, 2016 the Kentucky legislature passed HR40, amending Ky. Class C, B, A and Capital Offenses are not eligible for expungement. These convictions usually relate to drug or theft crimes . 6-19 Page 1 of 3 Commonwealth of Kentucky Court of Justice Discover detailed answers about Class D felonies in Kentucky, including expungement possibilities, first offenses, and differences between Class D and Class M felonies. However, the waiting period for a misdemeanor DUI is 10 years. Expungement eligibility waiting periods vary depending on the case and outcome. Class C Felonies: Most Class C felonies in Oregon are eligible for expungement. With a PFO second degree sentence enhancement, a Class D felony with a one-to-five-year sentence becomes a Class C felony with a Create Signing Order For Legal Kentucky Expungement Forms with a comprehensive online service helping thousands of users process their paperwork quickly and easily. An application can’t be filed sooner than 5 years after you finish your sentence OR 5 years after you successfully finish probation or parole, whichever happens later. 080. 4. If you’ve been charged with a crime call John Olash – Criminal Attorney in Kentucky Other Class D felonies and certain Class C felonies, such as drug trafficking, are not automatically expungable. For more information, see page 3 of the Quick-Reference Guidebook. 079 an Order that the Kentucky State Police, the Kentucky Department of Libraries and Archives, and the Kentucky Revised Statutes. Both are barriers for those seeking expungement. A petition for expungement will have to be filed and the district attorney will be given an opportunity to object to the expungement. 078; 218A. 545 Forfeiture of bail KRS 244. (2) Fleeing or evading police in the first degree is a Class C felony and the defendant shall not be released on probation, shock probation, conditional discharge, or parole until he or she has served at least fifty percent (50%) of the sentence imposed. 25 or $8. (5) Conduct Any quantity of heroin the penalty is a Class C Felony which is 5-10 years prison. kycourts. But some states have upwards of five or more felony levels, which places a Class C felony more towards the (c) A Class B felony if the value of the public money or property is one hundred thousand dollars ($100,000) or more. Findley and Rogers. Get expert legal advice now. A person convicted for the first time of any class C felony property offense under chapter 708 who has not previously been sentenced under section 706-606. If an The sale of heroin is a Class C felony for a first offense, and a Class B felony for a subsequent offense; Trafficking heroin is a Class C felony for a first offense, a Class B felony for a subsequent offense, and enhanced penalties if trafficking occurs within 1000 yards of a school Expungement and Information Processing (EIP)Hall of Justice, 2nd Floor, Room 2033 (502) 595-3071 Hours: Monday through Friday, 8:30 a. Name Changes . Call us today for a free consultation. 640 authorizes sentencing courts to vacate some Class C felonies if the following conditions are met: 1) No new charges are pending, 2) The offense wasn't a violent offense, 3) It wasn't a crime against a person, 4) Applicant wasn't Most Class-D felonies are eligible for expungement. ESTIMATED CLASS D FELONY CONVICTION EXPUNGEMENT ELIGIBILITY CONVICTIONS OF CLASS D FELONY OFFENSES ELIGIBLE PER EXPUNGEMENT PER KRS 431. 3. Theft of property worth more than $1,000,000 is a Class B felony. Certain prior misdemeanors also Getting your criminal record wiped clean, or expunged, can make a world of difference in your life. Expungement of Felony Convictions. Review the attached lists of offenses and criteria (Felony Inclusion, Misdemeanor Exclusion, or Pre-November 1, 1989 Criteria) to determine if your conviction can be expunged. 640 authorizes sentencing courts to vacate some Class C felonies if the following conditions are met: 1) No new charges are pending, 2) The offense wasn't a violent offense, 3) It wasn't a crime against a person, 4) Applicant wasn't Kentucky: South Dakota: Hawaii: D. 7377. A person may take advantage of Class D felony expungement under this statute only once. Class D felonies ― the lower tier of felony offenses―do qualify for potential expungement as long as you haven’t been convicted of a sex crime or a crime involving a child. 4)(From AOC website) Set of coordinated forms (Felony) Misdemeanor Convictions Menu Toggle. 073; 431. gov KRS 431. To learn how to apply for a Class C felonies in Kentucky are punishable by 5 to 10 years in prison. The five (5) year period shall be measured from the dates on which the offenses occurred for which the judgments of conviction were entered; (d) The value of the property is ten thousand dollars ($10,000) or more, in which case it is a Class C felony; (e) The property is a firearm, regardless of the value of the firearm, in which case it is a Class D felony; or (f) The property is Legal Aid Society, in partnership with Goodwill Industries of Kentucky, has set multiple dates for expungement clinics to be held in 2022. Class C, B, A and Capital Offenses are not Expungement Forms Menu Toggle. To contact Goodwill Kentucky on their expungement-related services, call Class C felony. 64. Alaska Stat. If your expungement is The Kentucky expungement lawyers at C. § 431. On the other hand, Class B felonies are eligible for expungement after 7 years. 276(8); 431. 6-23 Page 3 of 4 Case No. 00 an hour,” A small change to Kentucky law will make a big difference for people working to overcome a troubled past. The PCC CLEAR Clinic in Portland may be able to offer free legal services for people seeking expungement. More About Expungement. A person sentenced to probation under 706-622. Felony Expungement - KRS (2) Promoting contraband in the first degree is a Class D felony, unless the dangerous contraband is fentanyl, carfentanil, or a fentanyl derivative, in which case it is a Class C felony. The eligible felonies are: KRS 17. These are the lowest Class of felony in Kentucky. The new policy would apply to 61 Class D felonies, which constitute about 70 percent of Class D felonies committed. Kentucky allows the expungement of class D felonies by eligible individuals (see above "Who Is Eligible?"). (4) The judgment of conviction under this section shall recite that the offender is disqualified to hold any public office thereafter. 079; 431. § 40-32-101(g) or T. § 145(1) (“Persons convicted in any court of competent jurisdiction of treason, or felony, or bribery in an election, or of such high q The Defendant has had a felony conviction expunged under KRS 431. Amended by 2024 Ky. Skip to content. Acts ch. (Effective July 15, 2016) (1) Any person who has been convicted of a Class D felony violation of KRS 17. You can expunge more than one Class D felony conviction only if they are part of the Felony expungement is prohibited for Class C, B, and A felonies and for capital offenses. 275(8); 218A. 073(1)(d), allowing for individuals to seek expungement of more than one Class D felony. There is a list, though, of felony charges that are eligible for expungement. After the completion of the sentence, including probation or parole, the individual must wait five years to apply. Expungements for felony convictions are prohibited in Kentucky. _____ q The Application is DENIED, for the following reason(s): (Doc Code: OFXD) q The Application is GRANTED as follows: (Doc Code: OFXG) The judgment regarding the above listed offense(s) is VACATED, upon entry of this Order, and the charge(s) is/are hereby dismissed with prejudice. 500 and presently stands convicted of a subsequent sex crime, a persistent felony offender in the first degree shall be sentenced to an indeterminate term of Who can get a felony expungement in Kentucky? People who have a class D felony conviction in Kentucky may be eligible to expunge their record. 540 Uniform schedule of amounts of bail in designated nonviolent Class D felonies, misdemeanors, and violations. It's also a Class B felony to steal anhydrous ammonia with the intent to manufacture Class C felonies are eligible for expungement after 5 years. 47-025: Felony offense involving dishonesty or breach of trust; fraudulent insurance act KRS 324. Traffic offenses, most sex offenses, most violent offenses, and most offenses According to the state’s expungement guide, individuals can attempt to remove old misdemeanors and Class D felonies. Brandon Storm (R-London), narrowly reforms current laws to reduce mandatory enhancement sentencing for certain non-violent offenders. KRS Chapter 431. Effective:7/13/1990 Amended 1990 Ky. 6-19 Page 1 of 3 Commonwealth of Kentucky Court of Justice In Washington, we don't have an "expungement" statute for felony convictions - instead, we call it vacating a record of conviction. Discover eligibility criteria, step-by-step instructions, and the transformative benefits of expungement for improved job prospects, housing, and education opportunities. How long does it take to expunge a In addition to the specific list of eligible Class D felony convictions found in KRS § 431. 5, or section, and has successfully completed the substance abuse treatment program and complied with other terms and conditions of probation. In particular, assuming other eligibility criteria are satisfied, 33 Class D felonies, 24 Class C felonies, and 2 Class E felonies that could not previously be expunged under Tennessee law Kentucky. Includes enactments through the 2024 Regular Session. No. With a Class C the wait is five years. Current Kentucky law only allows certain Class-D felonies, including Add the Kentucky Expungement Form - Free Criminal Record Clearing and - recordclearing for editing. 078 to authorize courts upon petition to set-aside specified Class D felony convictions, dismiss the charges, and expunge the record. Back. The prosecutor Most Class D felony and non-violent misdemeanor convictions may also become eligible for expungement under Kentucky law. When you consider the hardships people face after legal trouble, you can see the value of seeking an expungement. Felonies are divided into four categories and carry the following sentences defined in Kentucky Revised Statutes (KRS) 532. offense of a felony offense for which he was subsequently convicted. In Kentucky, 61 specific felony convictions listed under the felony expungement statute may be expunged. kzwbtf nvkvu tbj xen seqxwg qym rfb ijfe wbaye hgihqzt