Selected 2016-2023
Call Us 24/7 TOLL FREE: 1-844-4-DUI-GUY
OR CALL/TEXT: 502-931-6788
The Forman Building
1139 South Fourth St.
Louisville, KY 40203
Selected 2016-2023
Call Us 24/7 TOLL FREE: 1-844-4-DUI-GUY
OR CALL/TEXT: 502-931-6788
The Forman Building
1139 South Fourth St.
Louisville, KY 40203
Selected 2016-2023
Call Us 24/7 TOLL FREE: 1-844-4-DUI-GUY
OR CALL/TEXT: 502-931-6788
You heard right — the law in Kentucky has undergone a major change and starting on July 15, 2016, some 61 felonies will be eligible for expungement if certain criteria are met.
Many Kentuckians have been hoping for this change for years, and it has taken a long time for our legislature to pass this bill through both houses, but it finally happened — and many people can get their lives back!
This means they will now be able to find employment, regain their right to vote, and finally feel like citizens again putting their ugly past behind them.
In addition, the misdemeanor expungement law is getting a face-lift, which we will briefly discuss.
So read on to learn more.
THE PROCESS
The felony expungement process is much more complex than a misdemeanor expungement process in several different ways.
First, it’s more expensive. Misdemeanor expungements cost $100 to the Administrative Office of the Courts, whereas felony expungements are $500 ($50 of which is not refundable, even if you fail in your petition and your case does not get expunged.)
Second, it’s lengthier. Both the County and the Commonwealth attorneys have up to 120 days (about 4 months) to respond to the petition. Although, if they fail to respond within that time frame, the Court may grant your expungement motion without their response.
Third, the Court may require the victims of your crime to be present in court, if they so choose, to speak their mind about (and possibly influence) the Court’s decision. If you thought the process alone was difficult, imagine having the victims protest your expungement directly to the judge. We’ll see how this affects various expungements when petition start getting filed.
Fourth, it requires an expungement hearing in front a judge. Yeah, the process is not automatic, and you may need to speak in Court directly to the judge (might want to leave that to the professionals..)
Finally, only about 61 felonies will be eligible for expungement under the new law.
THE ELIGIBLE OFFENSES
On July 15th, 2016 the following Felony offenses will become eligible for expungement:
MISDEMEANOR EXPUNGEMENTS
The one big change coming to misdemeanor expungements is that there will no longer be a five-year look-back window for prior offenses — this means that the statute is now going to be only forward looking, i.e. multiple prior misdemeanors will be able to be expunged as a group if you have been staying out of trouble for the last five years.
FINAL WORDS
Expungements can be very complicated and need to be handled very carefully — do not try to do them yourself, because you may not get a second chance if you fail the first time.CONTACT ME to help you with this difficult process. I can also be reached at 502-931-6788. That’s my personal cellphone number.
I’m always here for you, friend;
The DUI Guy
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Forman & Associates
The Forman Building
1139 South Fourth St.
Louisville, KY 40203
(T) (844) 4-DUI-GUY
(O) (502) 931-6788
(F) (419) 574-7156
Email: larry@larryformanlaw.com
No guestion just a sad fact the commonwealth of Kentucky’s state representatives need to get there act together and think about these expungement laws and who why how and when or if a individual should meet accepted standards, my example I have a non violent class d I accepted full responsibility my crime has no victims I’m no thief I’ve only hurt myself and obviously disappointed my mother and father, I never missed a court day signed a 4 year prison term after going through Hardin counties corrupt rocket docket system, I paid my bail before final sentencing to make… Read more »
Can wanton endangerment class D be expop unged?
Not at this time.
Did they change the time frame requirements? Because I believe it had to be 7 years from the date of conviction and 5 Years From the date of completed sentence correct?
Incorrect.
It has always been 5 years from the date of conviction, or the completion of the sentence (10 years for DUIs now, with the law change), whichever comes later.
Sometimes there is something that’s known as conditionally discharged time (shelf time) and it is usually 2 years in District Court — attorneys can make the argument that the shelf time is not to be considered as “probation” for purposes of the statute because it is too informal, etc.
So is trafficking 1000 yards of a school expungeable?
Steffan,
Just like the answer to Vicki’s questions, above — if it’s not on the list, it is not expungeable.
I’m sorry.
The law may change later.
Can a federal convicted felon that has conspiracy of cultivation marijuana have that expunged
More than likely not.
Unless state law was applied.
My daughter had a Trafficking in Marijuana (5lbs or more) 1st offense conviction in 2001. She is now 36 years old. It is considered a Class C because it was 6 lbs. I know she doesn’t fall under the new law, but is there any hope for expungement if we retain a lawyer? She was told that her only hope was if she gets in front of the judge that convicted her. I’m not sure that person is even a judge at this point. Do you have any suggestions?
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