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KY FELONY EXPUNGEMENT FAQ #1:

For this inaugural post on Felony Expungement, let's start with the two basic questions:

WHAT IS FELONY EXPUNGEMENT?

Felony Expungement is a process, newly implemented into law by HB40, that allows Kentuckians convicted of felonies to have their conviction expungement, meaning the conviction is erased from their record and no longer appears on a background check.  Expungement of misdemeanors, or less serious offenses, has long been provided for by Kentucky Law.  Now Felonies, more serious offenses, can also be expunged, allowing thousands of Kentuckians to erase more serious past mistakes from their records!

WHAT FELONIES CAN BE EXPUNGED?

HB 40 covers the expungement of most Class D Felonies, which are the lowest level of felonies, and carry a penalty of 1-5 years in the state penitentary and a fine of not more than $1000.00.  Class D Felonies now able to be expunged include:

Child Support:

KRS 530.050--Flagrant Nonsupport

Drug Offenses:

218A.140--Prohibitd Acts relating to Controlled Substance

218A.1415--Possession of a Controlled Substance in the 1st Degree

218A.1416--Possession of a Controlled Substance in the 2nd Degree

218A.1417--Possession of a Controlled Substance in the 3rd Degree

218A.1423--Cultivation of Marijuana

218A.1439--Unlawful Trafficking or Transferring a dietary supplement

218A.282--Forgery of a Perscription

218A.284--Criminal Possession of a Forged Perscription

218A.286--Theft, Criminal Possession, trafficking, or unlawful possession of a prescription or prescription blank.

Theft Offenses & Property Crimes

511.040--Burgarly in the 3rd Degree

512.020--1st Degree Criminal Mischief

514.030--Theft by Unlawful Taking > $500 but < $10,000

514.040--Theft by Deception > $500 but < $10,000.00

514.050--Theft of Property lost, mislaid, or delivered by mistake > $500 but < $10,000.00

514.060--Theft of Services > $500.00 but < $10,000.00

514.065--Possession, Use, or Transfer of Device used for theft of telecommunications services

514.070--Theft by Failure to make required disposition of property > $500.00 but < $10,000.00

514.080--Theft by Extortion > $500 but < $10,000.00

514.090--Theft of Labor Already Rendered > $500.00 but < $10,000.00

514.100--Unauthorized use of automobile or other propelled vehicles

514.110--Receiving Stolen Property > $500.00 but < $10,000.00

514.120--Obscuring Identity of machine or other property

514.140--Theft of Mail Matter

514.150--Possession of stolen mail matter

514.160--Theft of Identity

Forgery:

516.030--Forgery in the Second Degree

516.060--Criminal Possession of a Forged Instrument in the Second Degree

516.090--Possession of a Forgery Device

516.108--Criminal Simulation in the First Degree

Vice & Voyeurism: 

517.120--Operating a Sham or Front Company

518.040--Sports Bribery

522.040--Misuse of Confidential Information

524.100--Tampering with Physical Evidence

525.113--Institutional Vandalism

526.020--Eavesdropping

526.030--Installing an Eavesdropping device

528.020--Promoting Gambling in the First Degree

528.040--Conspiracy to Promote Gambling

528.050--Possession of Gambling Record in the 1st Degree

530.010--Bigarmy

Unlawful Professional & Business Activities:

244.165--2nd Offense Unlawful Sale or Shipment of Alcohol Beverage to unlicensed wholesaler or distributor.

286.11-057--Falsification of Money Transmission License

304.47-025--Fraudulent Insurance Activities

324.990--Engaging in Real Estate Brokerage without a License

365.241--Counterfeiting Intellectual Property 2nd Offense or 1st Offense Counterfeiting of Intellectual Property worth greater than $1000.00

434.155--Filing an illegal lien

434.675--Credit Card Skiming

434.850--Unlawful Access to a Computer in the Second Degree

434.872--Disclosure of information from Financial Information Repository

Unlawful Acts related to Healthcare

217.181--Theft of a Legend Drug

217.207--Second offense theft of a Prescription Blank

217.208--1st Offense Forgery of a Perscription

218A.1439--Unlawful Trafficking or Transferring a Dietary Supplement

218A.282--Forgery of a Perscription

218A.284--Criminal Possession of a Forged Perscription

218A.286--Theft, Criminal Possession, trafficking, or unlawful possession of a prescription or prescription blank.

218A.320--Criminal Possession of a Medical Record

218A.322--Theft of a Medical Record

218A.324--Criminal falsification of a medical record

Come back tomorrow for our next post about the process of getting your felony expunged.  Kevin Moser Law PLLC, since our inception, has been dedicated to fighting vigorously for the rights of those accused of crimes.  We are excited to begin offering immediate representation to those convicted of Class D felonies who are looking for clean record and pursuing your felony expungement.  Call us today at 866-586-7577 for more information on how to begin your expungement process.

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