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Baldani Law Group

Lexington & Central Kentucky Criminal Defense Attorneys

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      • Russ Baldani
      • Brandi Lewis
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Blog
  • Home
  • About Our Firm
    • Attorneys
      • Russ Baldani
      • Brandi Lewis
      • Tucker Richardson
      • Mike Rowland
      • Rachel Yavelak
      • Daniel Crall
    • Areas We Serve
      • Carlisle
      • Danville
      • Frankfort
      • Georgetown
      • Harrodsburg
      • Lawrenceburg
      • Lexington
      • Morehead
      • Mt. Vernon
      • Nicholasville
      • Paris
      • Richmond
      • Versailles
      • Williamstown
      • Winchester
    • Baldani Law Group Scholarship
  • Practice Areas
    • Criminal Defense
      • Appeals
      • Arson
      • Assault
      • Burglary
      • Criminal Trespass
      • Disorderly Conduct
      • Domestic Violence
        • Protective Order Violations
      • DUI
      • Drug Offenses
        • Marijuana Crimes
      • Expungements
      • Flagrant Non Support
      • Kidnapping
      • Misdemeanor
      • Probation Revocation
      • Professional License Defense
      • Sex Offenses
        • Possession of Child Pornography
      • Student Conduct & Discipline Hearings
        • Title IX Defense
      • Theft
        • Robbery
        • Shoplifting
        • Theft By Deception
      • Traffic Law
        • Reckless Driving
      • Federal Crimes
      • Murder
        • Manslaughter
          • Reckless Homicide
      • White Collar Crimes
    • Family Law
    • Personal Injury
  • Case Results
  • Reviews
  • Blog
  • Resources
    • Divorce FAQs
    • Fayette County Substance Abuse Resources
    • Kentucky Gun Law Guide
    • Automated Void & Seal Tool For Kentucky Possession of Marijuana Charges
    • Suppression Series
    • Understanding Kentucky Bond and Pretrial Release
    • UK Students Guide to Drinking, Drugs and the Police
  • Contact Us

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.

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Expungements

Client Testimonials

I Couldn’t Ask For A Better Lawyer

Tucker is good at what he does and it shows. I couldn’t ask for a better lawyer. He treated me more like a friend than just another client. Money well spent. I would recommend him to anyone in search of a criminal defense lawyer. I asked around who was the best lawyer in town, I was told Baldani Law Group…

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Did Not Give Up

Tucker Richardson worked really hard for me and did not give up during the arraignment for my second Alcohol Intoxication charge to prove there was no probable cause for my arrest. His effort and persistence ultimately led to the judge not wanting to send my case to trial and the charge of AI against me was dismissed…

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HIGHLY Recommend

Too bad you can only give five stars!! Frankly, I’ve had to use the services of Tucker and Brandi more often than I want, but what a super job they did. They are professional, but they don’t lose that personal connection. I would HIGHLY recommend them to anyone, anytime. Love you guys!!!!

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Amazing

Brandi Lewis is amazing!!! Great communication, clear expectations, efficient and effective. We honestly could not ask for more from her!!! This entire team is a very reputable office that should be used with any legal needs. Thanks for everything!!!

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THIS IS THE FIRM YOU MUST CHOOSE!

If you are here reading reviews in hopes of finding a law firm that can help you and get you the best results possible, THIS IS THE FIRM YOU MUST CHOOSE! We hired Tucker a couple months back, the state was trying to void my probation an my future at freedom was at great risk.

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I would highly recommend Whitney Rowe!

I would highly recommend Whitney Rowe! She was very easy to work with, communicated very clearly and had a sense of calm that was relieving as a client. She was up front with all the possible outcomes of the case and didn’t leave me with any false hope.

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BALDANI LAW GROUP
300 W Short Street, Lexington, KY 40507

(859) 259-0727 (Phone)

(859) 787-0259 (Fax)

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Established in 1988, the Baldani Law Group has successfully represented thousands of individuals across the Commonwealth of Kentucky. With over 100 years of combined experience, let our team of attorneys fight for your rights.

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