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. House Bill 40 passed in April 2016 and will allow individuals with certain Class D felonies and non-indicted felony charges to petition Kentucky courts for expungement. Before House Bill 40, no felonies in Kentucky could be expunged.
In general, individuals with certain Class D felonies must wait 5 years from the date of completion of the person’s sentence or 5 years after the successful completion of the person’s probation or parole, whichever occurs later. Individuals against whom felony charges have not resulted in an indictment by the grand jury may petition no sooner than 12 months following the date the district court bound the matter over to the grand jury.
How much does the court charge for felony expungement in Kentucky?
The court requires a filing fee in the amount of $500.00 for the expungement of a felony and this does not include any attorney’s fees. Each petition must also include an expungement eligibility certificate and there are fees associated with this request as well. The new law states that $50 of the filing fee is not refundable, but $450.00 may be refundable if the petition is denied.
What if my charges were dismissed with prejudice, diverted or a judge or jury found me Not Guilty?
You can petition the court 60 days after a dismissal with prejudice, dismissed/diverted or an acquittal. There is no filing fee for this type of petition.
What if my charges were dismissed without prejudice or dismissed/merged (typically dismissed as part of a plea bargain or in exchange for a plea to another charge)?
Charges that have been dismissed without prejudice or merged are not eligible for dismissal by statute, but you could still petition the court. Expungement in these cases will be at the discretion of the prosecutor and/or judge. There may or may not be a filing fee for this petition.
What if my charges went to a grand jury but I was not indicted?
If felony charges sent to the grand jury have not resulted in an indictment or the grand jury returned a No True Bill, you may petition the district court for an expungement 12 months following the date the district court bound the matter over to the grand jury.
Which Class D felonies are eligible for expungement in Kentucky?
- Possession of Controlled Substance, 1st Degree
- Flagrant Non Support
- Criminal Possession of Forged Instrument, 2nd Degree
- Theft by Unlawful Taking
- Criminal Mischief, 1st Degree
- Receiving Stolen Property Under $10,000
- Burglary, 3rd Degree
- Tampering With Physical Evidence
- Forgery, 2nd Degree
- Theft by Deception Under $10,000
- Theft of Identity
- Theft by Failure to Make Required Disposition of Property
- Prohibited Acts Relating to Controlled Substances
- Attempting to Obtain a Prescription for a Controlled Substance by Fraud or Forgery
- Making a False Statement to Procure a Controlled Substance
- Use of False Name or Address to Procure a Controlled Substance
- Making a False Statement Regarding a Prescription
- Possess, Manufacture, Sell, Dispense, etc. a Counterfeit Substance
- Obtain a Prescription Without Having Formed a Practitioner-Patient Relationship
- Criminal Possession of a Forged Prescription
- Theft of Motor Vehicle Plates/Decal
- Theft of Mail Matter
- Theft of Controlled Substance
- Forgery of a Prescription for a Controlled Substance, 1st Offense
- Theft, Criminal Possession, or Trafficking of a Prescription for Controlled Substance
- Theft of Services
- Theft of a Legend Drug
- Possession of Stolen Mail Matter
- Cultivation of Marijuana
- Possession of Controlled Substance, 2nd Degree (Enhanceable – may have to wait out enhancement period)
- Theft of Property Lost, Mislaid or Delivered by Mistake
- Possession of Controlled Substance, 3rd Degree (Enhanceable – may have to wait out enhancement period)
- Possession of a Forgery Device
- Forgery of a Prescription for a Legend Drug, 1st Offense
- Theft by Extortion
- Unauthorized Use of Automobile or Other Propelled Vehicle
- Unauthorized Use/Dissemination/Receipt of DNA Info
- Theft, Criminal Possession, or Trafficking of a Prescription for Legend Drug
- Trafficking in or Transferring a Dietary Supplement
- Promoting Gambling
- Unlawful Sale/Shipment Of Alcoholic Beverages by Out-Of-State Seller to a KY Consumer
- Counterfeiting Intellectual Property
- Filing Illegal Lien
- Use of Scanning Device or Reencoder to Obtain Payment Card Information
- Disclosure of Information from Financial Information Repository
- Possession, Use or Transfer of Device for Theft of Telecommunication Services
- Criminal Simulation, 1st Degree
- Institutional Vandalism
- False Statement or Misrepresentation to Receive Benefits Under $100
- False Statement or Misrepresentation to Receive Benefits Under $100 (Repealed In 2005)
- Criminal Possession of a Medical Record
- Theft of a Medical Record
- Criminal Falsification of a Medical Record
- False Statement/Certification in Money Transmission Record
- Felony Offense Involving Dishonesty or Breach of Trust-Fraudulent Insurance Act
- Engaging In Real Estate Brokerage Without License
- Unlawful Access to a Computer, 2nd Degree
- Theft of Labor
- Obscuring Identity of Machine or Other Property
- Operating a Sham or Front Company
- Sports Bribery
- Misuse of Confidential Information
- Installing Eavesdropping Device
- Conspiracy to Promote Gambling
- Possession of Gambling Records, 1st Degree
All petitions for felony expungements will require a hearing and remain at the court’s discretion. It is important that you speak with an attorney to discuss your specific set of facts and/or any felony charges that may be eligible for expungement.