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New Law Makes Certain Felonies Available for Expungement

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If you’ve been convicted of a felony in Kentucky, you know what a big impact it can have on your ability to get a job, obtain a professional license, or even to vote. Fortunately, certain individuals with felony convictions in their past will now be able to clear their names of past mistakes and move on toward a brighter future. In the spring of 2016, the Kentucky state legislature passed a bill which allows for convictions of certain Class D felonies to be expunged. That bill has now become law. The new law also makes it easier to obtain an expungement of a misdemeanor conviction and allows for multiple misdemeanor convictions to be expunged simultaneously.

Expungement is the term for the process of removing a conviction from your criminal record, so that potential employers, landlords, or other institutions will not be aware that you were once convicted of that offense. Prior to the new law’s enactment, the only convictions that Kentucky residents could expunge were those for certain misdemeanor offenses, and only where the person convicted had not been convicted of any other offenses in the five years prior and the five years following that conviction.

Under the new law, when considering a misdemeanor expungement petition, courts will only look at the five years since the misdemeanor conviction for intervening criminal offenses, rather than the five years before and after. Also, now petitioners can seek to have more than one misdemeanor expunged at a time.

Additionally, the Kentucky legislature has designated a list of 61 Class D felonies that are now eligible for expungement under certain circumstances. They include:

  • Several felonies regarding prescription drug theft and forgery of a prescription
  • First-degree possession of a controlled substance
  • Marijuana cultivation
  • Credit card skimming
  • First-degree criminal mischief
  • Third-degree burglary
  • Several theft offenses, including theft by unlawful taking, extortion, or deception
  • Flagrant nonsupport (i.e., being over $1,000 behind on child support payments)

In order to be eligible for expungement of a felony, the individual must have a clean record for the five years since the completion of their sentence for the felony. Additionally, the individual may need to attend a hearing before a judge, where the victims of their crime may be present to testify as to whether or not the expungement should be granted. Speak with an attorney about how to offer yourself the best possible chances of expunging a felony from your record.

If you’ve been charged with a DUI, felony, or other offense in Kentucky, seek experienced and effective legal representation to defend your rights in court, and contact Louisville criminal defense attorney Ron Aslam for a free initial consultation, at 502-581-1676.