Kentucky criminal record expungement clears the mention of an offense from your record for a majority of purposes thus making it simpler to get proper education, housing, or a job. Some of the crimes that are Class D felonies include: Stalking; Possession of an illegal substance ; Burglary; It is also possible to be convicted of a Class D felony if a person repeatedly commits serious misdemeanors. Recently, however, the Kentucky Senate passed House Bill 40, allowing some Class D felonies to also be expunged and giving many felons a second chance at a clean start. Before House Bill 40, no felonies in Kentucky could be expunged. Cultivating or selling marijuana is one of the crimes under class D felonies in Kentucky. House Bill 40 passed in April 2016 and will allow individuals with certain Class D felonies and non-indicted felony charges to petition Kentucky courts for expungement. Kentucky basketball is something of a religion in the state, and Sanders made the point that burning down Rupp Arena would be a Class-D felony as 3 rd degree arson. Ann. The below list contains the Class D Felonies Eligible for Expungement. You could face a prison sentence of up to five years if convicted of a class D felony. You can expunge more than one Class-D felony if they are part of the same case or arose from the same incident. The following is a list of class D felonies that are eligible to be expunged. If you want to expunge a Class-D felony, the offense that you were convicted of cannot involve: Abuse of a public office; A sex offense; An offense against a child; or; An offense that resulted in serious bodily injury or death. If the court grants the application, the original judgment will be vacated and the charges dismissed. Massachusetts – Ten years with no convictions can make a felony able to be expunged. Kentucky Felony Expungement Bill (HB 40) A few highlights: As of July 15, 2016, Kentucky residents with a Class D Felony can apply for a certificate of expungement. 431.073 Certain felony convictions may be vacated and the records expunged -- Application -- Hearing -- Vacating conviction without a hearing -- Order to vacate and expunge -- Application form -- Fees -- Retroactivity. The current limit is now $500. Kentucky’s new felony expungement law goes into effect on July 15, 2016 and will be retroactive. KRS 431.073 outlines the process for a person to file an application to have his … As of June 27, 2019, most Class D felony offenses (with limited exceptions) are eligible for expungement. Class C Felonies. Contact. Expungement is the legal process by which a person can completely In addition, spousal abuse can also be expunged if the case ends up being dismissed or acquitted. You cannot begin the expungement application process unless five years have passed since you completed your sentencing or five years after you have completed your probation and its terms and conditions. Class D Felonies. Frankfort. In Kentucky, it is legal to go for the expungement of some felony convictions since 2016. Some of the eligible felonies are: For many, having a felony record in the state of Kentucky is seen as a mark of second-class citizenship and we have offices in Louisville and Shelbyville KY to assist you through the felony expungement process. Felony Convictions In Kentucky, 61 specific felony convictions listed under the felony expungement statute may be expunged. This would give a judge the ability to decide whether or not to allow for expungement of a particular felony. Which Crimes Can Be Expunged From My Kentucky Criminal Record? Non-violent misdemeanors and Class D felonies might be eligible for expungement from your Kentucky criminal record. Nevada . Client Form; Pay Now (502) 498-0000; Directions; 61 Class D Felonies. A few of the most frequently committed Class D felonies are theft, possession of a controlled substance and failure to pay child support. Kentucky Expungement Law Overview; Blog; Testimonials; Do I Qualify? Certain Class D felony convictions are eligible to be vacated and expunged five years after you complete your sentence, probation, or parole, whichever is later. Maryland – Enumerate felonies after ten to fifteen years may be expunged. The criteria for felony expungement is nearly the same as misdemeanor expungement. When a criminal record is sealed, it is hidden from the general public. HB 40 creates a process that permits a defendant to file an application to have his or her conviction vacated and expunged. §§ 532.020, 532.060 (2019).) Felony convictions cannot usually be totally expunged, although some lowest level felony offences such as possession of Class D drugs can be. In addition to the specific list of eligible Class D felony convictions found in KRS § 431.073, the new law expands that list and now allows for most other Class D felony convictions and felony offenses prior to January 1, 1975 that carried sentence of not more than five years, to be eligible for expungement with some exceptions. https://www.unconvicted.com/the-complete-guide-to-expungement-in-kentucky The only felony convictions that may be expunged are Class D drug felonies. The current limit is now $500. How much will it cost? The expungement process varies, depending on the type of record. Class D: Class D felonies in Kentucky include possession of a firearm by a convicted felon, unauthorized use of a credit card involving a sum of money between $500 and $1,000, stalking in the first degree, possession of a controlled substance, and wanton endangerment in the first degree. Kentucky is one of the more progressive states in this area. Class D felonies. Class D felonies are the lowest level felony. On March 29, 2016, the KY Senate passed HB 40 which will allow Kentuckians, convicted of certain Class D felonies, to vacate the judgment of their felony. It depends on what you are trying to expunge. Louisiana – After ten clean years, felonies are eligible to be expunged. Kentucky – Class D and lower felonies can be expunged after three years following completion of sentence. Most Class D felony convictions (with limited exceptions) are eligible for expungement. HISTORY: Amended effective March 28, 2018; January 14, 2008. Unfortunately, under Kentucky statutes, most felony convictions cannot be expunged at this time. The bill applies to sixty-one (61) Class D felonies. You can always petition a court to expunge an arrest or criminal charges if you were acquitted, the charges were dropped, or the state chose not to prosecute. How to Apply for a Pardon in Kentucky. Anderson, Shelby and Spencer Circuit Court App. These are Class D non-violent offenses, many of which pertain to drug possession or theft. This was, until recently, the charge for taking over $300 in goods. And with the passage of the Kentucky felony expungement bill, we are dead set on helping you get your life back on track and opening doors for you that have previously been closed. It is possible for you to expunge misdemeanors, felony convictions, and arrest records under specific circumstances. KRS 514.030: Theft by Unlawful Taking (Class D Felony). KRS 514.030: Theft by Unlawful Taking (Class D Felony). In Nevada, state laws group felonies under categories, not classes. Examples of Class D felonies potentially eligible for expungement include, among others, theft crimes, crimes involving forgery, certain controlled substance crimes, eavesdropping and bribery among others. The Kentucky House voted 80 to 11 Friday for a bill that would let people convicted of Class D felonies erase their criminal records and get a … The successful completion of a diversion contract does not result in automatic expungement of a criminal charge under KRS 431.076]. Theft of property worth at least $10,000 but less than $1,000,000 is a Class C felony in Kentucky. Statute Offense. You can expunge more than one Class D felony conviction only if they are part of the same case or arose from the same incident. (Kentucky Statutes § 431.078 (2018).) A conviction for a Class C felony can result in a prison term of five to ten years. However, all adult expungements require an expungement certification—a form issued by the Kentucky State Police and Administrative Office of Courts. In recent years, the Kentucky legislature enacted the Felony Expungement Law. Felony Expungement Will Soon Be Available in the Commonwealth. Class D felonies are the lowest class of felony in Kentucky, though they are still very serious. (Ky. Rev. The bill would also presumably cover Theft of a Firearm, which is in the same chapter. Felony Expungements. Currently, if the necessary criteria are fulfilled, most Class D felony convictions (penalty 1-5 years), the vast majority of misdemeanor convictions and virtually all charges that ended without a conviction can be expunged. Last year, lawmakers voted to allow people convicted of some nonviolent, nonsexual Class D felonies to apply to expunge their records if they stayed out of trouble for five years … Expungement Versus Sealing Sometimes the terms "expungement" and "sealing" a criminal record are used interchangeably but there are differences in the two. The only felony convictions that may be considered for expungement are Class D drug felonies. For Class D felonies, the maximum amount of jail time a person can … After a person has been indicted with a Class D felony a person eligible for the program may apply to the Circuit Court and the Commonwealth Attorney for entry of a Pretrial Diversion Order. Category D ranks among the least severe crimes. Kentucky now allows for expungement of felony convictions for non-violent class D felonies. Can You Expunge a Felony in Kentucky? KRS 514.040: Theft by Deception. Stat. The majority whip of the state Senate says he wants to expand Kentucky’s felony expungement law to allow people convicted of selling small amounts of marijuana to apply to clear their record after 10 years. Ann. Effective July 15, 2016, certain Class D felony convictions can be expunged as a result of the 2016 General Assembly passing House Bill 40. These include possession of a controlled substance, theft, felony speeding, and failure to pay child support, among others. On April 12, 2016, the Governor of Kentucky signed this bill into law and the law went into effect on July 15, 2016 . Realistically your attorney will discuss your case with the Commonwealth Attorney’s Office to see if they are willing to negotiate a deal for Pretrial Diversion. The bill would also presumably cover Theft of a Firearm, which is in the same chapter. This was, until recently, the charge for taking over $300 in goods. You may not expunge a felony if you have previously had a felony expunged from your record. (1) Any person who has been: (a) Convicted of a Class D felony violation of KRS 17.175, 186.990, 194A.505, Credits. Stat. This is the sort of thing that might not be quite so simply expunged as setting fire to a public dumpster. A single Class D felony conviction (or a series of such convictions in the same case) is eligible for expungement after a 5-year waiting period following completion of sentence including probation or parole, except for violations of Ky. Rev. KRS 514.040: Theft by Deception. As of 7/15/2016, some Class D felonies may be expunged from your Kentucky criminal record. In some instances, if you were convicted of a Class D felony from a single incident, or have received a full pardon, you may file for expungement. According to a 1996 law, it is a judge’s discretion whether to expunge federal or misdemeanor cases that resulted in dismissal or acquittal. Finally, a Class D felony … On April 12, 2016, Governor Matt Bevin signed House Bill 40, a felony expungement law. Anyone who the bill applies to will have to go five (5) years without a conviction, and pay a $500 fine. There are five categories of felonies in the state.