Expungement Attorneys in Frankfort, Kentucky
Apollo Law excels in expunging arrests, charges, and convictions from Kentuckians' records. In Kentucky, when you are charged with a crime or convicted of a crime, that information stays on your criminal record. Expungement is the legal process of completely removing an arrest, charge, or conviction from your record. One of the many reasons our clients get matters expunged from their record is so that they can check "NO" when asked on an application if they have been convicted of a crime. If all felonies have been expunged from a client's record, they may also begin to exercise their right to vote again.
Eligibility For Expungement
Only certain things can be expunged in Kentucky. You may be eligible if:
You have a misdemeanor or Class D felony conviction as an adult
You have a misdemeanor or certain felony convictions as a juvenile. You can apply to expunge an unlimited number of misdemeanors, even if they were in different cases or counties.
You were acquitted or charges against you were dismissed
You went to a grand jury and were not indicted.
You received a pardon from the governor
Ineligibility For Expungement
You are not eligible if you have pending criminal charges against you.
You are not eligible if you have been convicted of a misdemeanor or a felony in the last five years.
You are not eligible if five years have not passed since the completion of your sentence (including payment of fines and probation).
You are not eligible for a conviction for a sex offense or an offense against a child. This applies to felonies and misdemeanors.
You are not eligible if you have a Class A, B, or C felony.
You may not be eligible for an offense that is enhanceable for a second or subsequent offense. Contact our attorney to discuss enhanced offense expungement.
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. You may not expunge a felony if you have previously had a felony expunged from your record. The following is a list of class D felonies that are eligible to be expunged.
218A.1415 Possession of controlled substance, 1st degree
530.050 Flagrant nonsupport
516.060 Criminal possession of a 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 a 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
218A.286 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 a controlled substance in 2nd degree
514.050 Theft of property lost, mislaid, or delivered by mistake
218A.1417 Possession of a controlled substance in 3rd degree enhanced
516.090 Possession of a forgery device
217.208 Forgery of a prescription for a legend drug, 1st offense
514.080 Theft by extortion
514.100 Unauthorized use of automobile or other propelled vehicle Class D Felonies eligible for expungement under
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 the 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 reencoder to obtain payment card information
434.872 Disclosure of information from the 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 a 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
526.030 Installing eavesdropping device
528.040 Conspiracy to promote gambling
528.050 Possession of gambling records in the first degree
218A.500 Possession of Drug Paraphernalia, 2nd or subsequent offense 2019 update
You can expunge more than one felony juvenile offense only if they are part of the same case or arose from the same incident. If your juvenile case was transferred to adult court (as a Youthful Offender) then treat the matter as a felony expungement. You must wait two years from when the court loses jurisdiction or release from the Department of Juvenile Justice /Cabinet for Health and Family Services. There is an exception for extraordinary circumstances. Speak to our lawyer to see if you qualify. Juvenile misdemeanor offenses are generally (sexual offenses do not qualify) eligible for expungement.
Can You Expunge An Acquittal Or Dismissal?
If you were found not guilty or charges against you were dismissed with prejudice, you will be eligible to expunge those charges 60 days later. If you went to a grand jury and were not indicted, you will be eligible to expunge those charges 12 months later.
Can I Expunge A Federal Conviction?
Currently, there is no procedure for expunging federal convictions.
What If I Have Convictions In Different Counties?
If you have convictions in different counties, you will need to file separately in each county as well as paying the expungement fee in each county. You can use the same Certificate of Eligibility for each.
How Could An Expungement Affect My Immigration Status?
If you are not a United States citizen, speak with an immigration attorney before filing for expungement. The expungement of your criminal case may be harmful to any current or future immigration action.
I think I’m Eligible! How Do I Get An Expungement?
STEP 1: Get a Certificate of Eligibility.
You must have a Certificate of Eligibility to request an expungement. This costs $40, and you can get it online here: courts.ky.gov/expungement.
You DO NOT need a Certificate of Eligibility for expungement of a dismissed charge.
You can also request your certificate by mail. Send the Certification Form with a $40 money order to: Records Unit / Administrative Office of the Courts / 1001 Vandalay Drive / Frankfort, KY 40601
Your packet will confirm whether you are eligible to expunge your record. If the packet says that you are. not eligible, it's possible there was a mistake and you may still file for the expungement. It is highly recommended you consult an attorney.
STEP 2: File your packet and expungement request form with the court.
Once you receive your certification packet, you have 30 days to file your documents with the court. After that time, your certification packet will expire.
You must file in the county where the conviction took place. Find locations information at: courts.ky.gov/courts/clerks
For an acquittal or dismissal, file the Acquittal/Dismissal Expungement Form along with your certification packet. There is no fee to expunge an acquittal or dismissal.
For a misdemeanor conviction, file the Misdemeanor Conviction Expungement Form along with your certification packet. Expunging a misdemeanor conviction costs $100 per case. If your expungement is not granted, you will be refunded $50. A judge may schedule a hearing. If so, it will be within one month of filing.
For a Class D felony conviction, file the Application to Vacate Felony Conviction Form and attach your certification packet. Expunging a Class D felony costs $500 per case. If your expungement is not granted, you will be refunded $450. It may take up to four months for the judge to make a decision.