Expungements

Expungements Lawbooks

Apollo Law excells 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 clients record, they may also begin to exercise their right to vote again. 

Elligibility For Expungement

Only certain things can be expunged in Kentucky. You may be eligible if:

• You have misdemeanor or Class D felony convictions as an adult

• You have 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 received a pardon from the governor 

Inelligibility For Expungement

  • You are not eligible if you have pending criminal charges against you. 
  • You are not elligible if you have been convicted of a misdemeanor or a felony in the last five years. 
  • You are not elligible five years has 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 may not be eligible for an offense that is enhanceable for a second or subsequent offense. Contact our attorney to discuss enhanceble offense expungement. 

Felony 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 elligble to be expunged.

Statute 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 $10,000511.040 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 controlled substance in 2nd degree
  • 514.050 Theft of property lost, mislaid, or delivered by mistake
  • 218A.1417 Possession of controlled substance in 3rd degree
  • 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 vehicleClass 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 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 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

Juvenile Expungements

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 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. 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 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

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.

• 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.