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. Omega 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.