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Expungements

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. Let one of our experienced attorneys 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) 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

 (b) 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 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 attorneys are here to assist you and lead you through this 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 charges 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.

 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, our experienced attorneys are here to get the ball rolling for you. Call directly at (859) 259-0727 or leave us a message on the form.

Proven Results

Established in 1988, Baldani, Rowland & Richardson 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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