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FELONY EXPUNGEMENT FINALLY A REALITY IN KENTUCKY

In a rare instance of bipartisanship, the Kentucky Legislature passed, and Governor Bevin signed, House Bill 40, which permits expungement of certain Class D felonies. In technical terms, House Bill 40 added a new section and also amended several existing sections of the expungement laws, found in Chapter 431 of the Kentucky Revised Statutes.  The new law goes into effect this July.

This new section includes a list of the felonies that may be expunged, the procedure for filing an application with the Court, the cost of the application, and other information regarding the effect of an expungement. To help you determine whether you may be eligible for an expungement, we have included a list below of the applicable felonies:

KRS

DESCRIPTION

17.175

Unauthorized use/dissemination/receipt of DNA info

186.990

Theft of motor vehicle plates/decal

194A.505

False statement/Misrep to receive benefits >$100

194B.505

False statement/Misrep to receive benefits >$100 *REPEALED 2005*

217.181

Theft of a legend drug

217.207

Theft, criminal possession, trafficking, or unlawful possession of a prescription blank

217.208

Forgery of a prescription

218A.140

Prohibited acts relating to controlled substances

218A.1415

Possession in 1st degree

218.A1416

Possession of controlled substance in 2nd degree *ENH*

218.A1417

Possession of controlled substance in 3rd degree *ENH*

218.A1418

Theft of a controlled substance *REPEALED* 2013

218.A1423

Cultivation of Marijuana

218.A1439

Trafficking in or transferring a dietary supplement

218A.282

Forgery of a prescription

218A.284

Criminal possession of a forged prescription

218A.286

Theft, criminal possession, trafficking, or unlawful possession of a prescription or blank

218A.320

Criminal possession of a medical record

218A.322

Theft of a medical record

218A.324

Criminal falsification of a medical record

244.165

Unlawful sale and shipment of alcoholic beverages by out-of-state seller directly to a Kentucky consumer

284.11-057

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

365.241

Counterfeiting intellectual property

434.155

Filing illegal lien

434.675

Use of scanning device or recorder to obtain payment card information

434.850

Unlawful access to a computer in the second degree

434.872

Disclosure of information from financial information repository

511.040

Burglary, 3rd Degree

512.020

Criminal Mischief, 1st Degree

514.030

Theft by unlawful taking or disposition

514.040

Theft by deception

514.050

Theft of property lost, mislaid, or delivered by mistake

514.060

Theft of services

514.065

Possession, use, or transfer of device for theft of telecommunications services

514.070

Theft by failure to make required disposition of property

514.080

Theft by extortion

514.090

Theft of labor

514.100

Unauthorized use of automobile or other propelled vehicle

514.110

Receiving stolen property

514.120

Obscuring identity of machine or other property

514.140

Theft of mail matter

514.150

Possession of stolen mail matter

514.160

Theft of identity

516.030

Forgery in the second degree

516.060

Criminal possession of forged instrument in the second degree

516.090

Possession of forgery device

516.108

Criminal simulation in the first degree

517.120

Operating a sham or front company

518.040

Sports bribery

522.040

Misuse of confidential information

524.100

Tampering with Physical Evidence

525.113

Institutional vandalism

526.020

Eavesdropping

526.030

Installing eavesdropping device

528.020

Promoting gambling in the first degree

528.040

Conspiracy to promote gambling

528.050

Possession of gambling record in the first degree

530.010

Bigamy

530.050

Flagrant non support

We applaud the Governor and Legislature for this move. For too long, Kentucky citizens have been refused full participation in the economic, social, and political community because of criminal acts they had already been punished for long ago. If you were convicted of one of these offenses over 5 years ago, give us a call. We may be able to help you get the charge expunged from your record.

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Louisville, KY 40214

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