Lexington Expungement Attorneys

Everyone makes mistakes in life, some more than others. However, once your debt to society has been paid, and you’ve proven that you’ve learned from those mistakes, expungement is available to clear your criminal record, and make opportunities available to you again (such as employment and/or housing). Felonies and misdemeanors can be expunged, as long as they meet the criteria set forth in Kentucky statutes. Schedule a case evaluation and let one of the experienced expungement lawyers at the law firm of Baldani law help you on your path to continue bettering your life by filing for expungement(s).

Expungement of Misdemeanor, Violation, and Traffic Infractions – KRS 431.078

Any person who has been convicted of:

• A misdemeanor, a violation, or a traffic infraction not otherwise classified as a misdemeanor or violation, or a series of misdemeanors, violations, or traffic infractions arising from a single incident; or
• A series of misdemeanors, violations, or traffic infractions not arising from a single incident; may petition the court in which he was convicted for expungement of his misdemeanor or violation record within that judicial district, including a record of any charges for misdemeanors, violations, or traffic infractions that were dismissed or amended in the criminal action. The person shall be informed of the right at the time of adjudication.

Five years after the completion of your sentence (examples of some possible sentences: a fine, jail-time, probation, community service, etc.), you may petition the court (file) for criminal record expungement. The court will set a hearing date within 30 days of the filing, and notify all parties involved in the case is expunged. Our criminal defense lawyers are here to assist you and lead you through this legal process.

Once the process is complete (the record expunged), the charge will not appear on any official state-performed background checks, and you will not have to disclose this when asked on a job application, credit application, or other application. It will appear as if it never happened.

The court filing fee for a petition under this section (misdemeanors, & traffic violations) is $100.

Expungement of Felony Charges – KRS 431.073

The Class D felonies that are eligible for expungement under HB40 (House Bill 40) are:

Statute (KRS)Offense

218A.1415	Possession of controlled substance, 1st degree
530.050	Flagrant non-support
516.060	Criminal possession of forged instrument, 2nd degree
514.030	Theft by unlawful taking
512.020	Criminal mischief, 1st degree
514.110	Receiving stolen property under $10,000
511.040	Burglary, 3rd degree
524.100	Tampering with physical evidence
516.030	Forgery, 2nd degree
514.040	Theft by deception under $10,000
514.160	Theft of identity
514.070	Theft by failure to make required disposition of property
218A.140	Prohibited acts relating to controlled substances
218A.140(1A)	Attempting to obtain a prescription for controlled substance by fraud or forgery
218A.140(1B)	Making a false statement to procure a controlled substance
218A.140(1C)	Use of false name or address to procure a controlled substance
218A.140(1D)	Making a false statement regarding a prescription
218A.140(2)	Possess, manufacture, sell, dispense, etc. a counterfeit substance
218A.140(3)	Obtain a prescription without having formed a practitioner-patient relationship
218A.284	Criminal possession of a forged prescription
186.990	Theft of motor vehicle plates/decal
514.140	Theft of mail matter
218A.1418	Theft of controlled substance
218A.282	Forgery of a prescription for a controlled substance, 1st offense
218.A286	Theft, criminal possession, or trafficking of a prescription for controlled substance
514.060	Theft of Services
217.181	Theft of a legend drug
514.150	Possession of stolen mail matter
218A.1423	Cultivation of marijuana
218A.1416	Possession of controlled substance in 2nd degree *ENH*
514.050	Theft of property lost, mislaid, or delivered by mistake
218A.1417	Possession of controlled substance in 3rd degree *ENH*
516.090	Possession of a forgery device
217.208	Forgery of a prescription for a legend drug, 1st offense
530.010	Bigamy
514.080	Theft by extortion
514.100	Unauthorized use of automobile or other propelled vehicle
17.175	Unauthorized use/dissemination/receipt of DNA info
217.207	Theft, criminal possession, or trafficking of a prescription for legend drug
218A.1439	Trafficking in or transferring a dietary supplement
528.020	Promoting gambling
244.165	Unlawful sale/shipment of alcoholic beverages by out-of-state seller to a KY consumer
365.241	Counterfeiting intellectual property
434.155	Filing illegal lien
434.675	Use of scanning device or re-encoder to obtain payment card information
434.872	Disclosure of information from financial information repository
514.065	Possession, use, or transfer of device for theft of telecommunication services
516.108	Criminal simulation in the first degree
525.113	Institutional vandalism
194A.505	False statement or misrepresentation to receive benefits under $100
194B.505	False statement or misrepresentation to receive benefits under $100 (repealed in 2005)
218A.320	Criminal possession of a medical record
218A.322	Theft of a medical record
218A.324	Criminal falsification of a medical record
286.11-057	False statement/certification in money transmission record
304.47-025	Felony offense involving dishonesty or breach of trust – Fraudulent Insurance Act
324.990	Engaging in real estate brokerage without license
434.850	Unlawful access to a computer in the second degree
514.090	Theft of labor
514.120	Obscuring identity of machine or other property
517.120	Operating a sham or front company
518.040	Sports bribery
522.040	Misuse of confidential information
526.020	Eavesdropping
526.030	Installing eavesdropping device
528.040	Conspiracy to promote gambling
528.050	Possession of gambling records in the first degree

This list of expungable felonies covers between 60 to 70% of all Class D felony charges. 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. Speak to an expungement attorney if you have any questions regarding the expungement process or your specific criminal charges.

The filing fee for a petition to expunge an eligible felony is $500, with a $450 refund if expungement is denied.

If you or a loved one is needing an expungement, so you can get back your life, the experienced criminal defense attorneys at the law office of Baldani Law are here to get the ball rolling for you. For legal advise and a free initial consultation, contact us online or call us at (859) 259-0727.