Call us : (859) 259-0727 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.
BALDANI LAW GROUP
(859) 231-7489 (Fax)