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Expunge Your Record in 2017

Posted on January 9, 2017 in General Criminal Law Issues - Northern KY

Give the gift of freedom to a loved one!!!  If you have tax refund in 2017 or want to give a great gift in the new year, think of expungement of a criminal record.  Whether a gift to a family member or loved one or a gift to yourself, set yourself up to get the best job possible, obtain a CCW permit, purchase a firearm or simply rid the excess baggage by expunging your criminal record.

Kentucky has passed additional laws regarding expungement in 2016 which allows for expunge the following:

  1. Misdemeanor dismissals, acquittals and diversion cases can be expunged after 60 days.
  2. Misdemeanor convictions may be expunged 5 years after the case and any probated/CD time is completed.
  3. Felony dismissals, acquittals and diversion cases can be expunged after 60 days.
  4. Certain felony convictions may be expunged 5 years after probation is completed.

If you have been acquitted or gone through a diversion program, make sure to take the next step and have it expunged.  It is not automatic, you need to file.  The first step is to request a criminal background check.  If you hire an attorney, they can assist you with each step.  The criminal background check can take from 2 weeks to 2 months to complete and depend on the speed of AOC and KSP.  (Administrative Office of the Courts and Kentucky State Police).

For consultation and fees, call Mike at the Bouldin Law Firm at 859-581-6453.  Most cases are fixed fee.  If you were convicted, there is a $100 fee for misdemeanors and $500 fee for felony expungements.  Email mwbouldin2@gmail.com or call 581-MIKE.

Can I Expunge Felony In Kentucky?

Posted on November 20, 2016 in General Criminal Law Issues - Northern KY State Crimes in Northern Kentucky

Yes, you can now expunge certain felonies in the Commonwealth of Kentucky.  In Kentucky, 61 specific felony convictions listed under the felony expungement statute may be expunged. These are Class D non-violent offenses, many of which pertain to drug possession or theft. Some of the eligible felonies are:

  • KRS 217.208 Forgery of a prescription

  • KRS 218A.140 Prohibited acts relating to controlled substances

  • KRS 218A.1415 Possession of controlled substance in first, second and third degree

  • KRS 218A.282 Forgery of a prescription

  • KRS 218A.284 Criminal possession of a forged prescription

  • KRS 218A.1423 Marijuana cultivation

  • KRS 511.040 Burglary in the third degree

  • KRS 512.020 Criminal mischief in the first degree

  • KRS 514.030 Theft by unlawful taking or disposition

  • KRS 514.040 Theft by deception

  • KRS 514.050 Theft of property lost, mislaid, or delivered by mistake

  • KRS 514.060 Theft of services

  • KRS 514.100 Unauthorized use of automobile or other propelled vehicle

  • KRS 514.110 Receiving stolen property

  • KRS 514.160 Theft of identity

  • KRS 516.030 Forgery in the second degree

  • KRS 516.060 Criminal possession of forged instrument in the second degree

  • KRS 530.050 Nonsupport and flagrant nonsupport

There are additional felonies which are not included in this list. Additional felonies not listed above may be expunged if:

  • If the person was not convicted (charges dismissed, acquittal, or not prosecuted).
  • If the crime was originally charged as a felony but was reduced to a misdemeanor (even if there was a misdemeanor conviction). Case records and background checks will continue to show a felony charge until it is expunged.
  • If the person was sentenced to and successfully completed a class D felony pretrial diversion program under KRS 533.250 et. seq.

Finally, the charge of possession of controlled substance in first degree, a Class D felony, may be voided. In accordance with KRS 218A.275, a voided conviction has the same effect as an expungement: the records are sealed and will not show up on background checks, the defendant will not have to disclose the record on employment applications, etc.  Also, your gun rights will be restored after expungement is complete.

If you need help, contact the Bouldin Law Firm and discuss cleaning your record.  An attorney can file for expungement on your behalf and aid you through the process efficiently.  Contact Mike at 581-MIKE, 859-581-6453 or email at mike@bouldinlawfirm.com.