Beginning July 15, 2016, certain individuals convicted of a non-violent Class D felony in Kentucky will be eligible to request expungement of that record. This groundbreaking new law (otherwise known as HB40) will allow countless Kentuckians to be justly rewarded for remaining law abiding and productive citizens since the date of their felony conviction. Below is some information regarding the new law and the basic requirements for eligibility. As with any legal matter, nothing contained herein constitutes legal advice, nor should it be considered an offer of legal advice. It is intended for informational purposes only, and you should always personally consult an attorney for advice regarding your specific case.
Is the felony offense for which I was convicted eligible?
Only individuals convicted of non-violent Class D Felonies are eligible under the new law. In total, there are 61 felony offenses that qualify! If you believe you are someone who could benefit, call Wills Law Office immediately.
Are there other eligibility factors?
The new expungement law also requires both 1 and 2 are satisfied:
- Five of more years has passed since: (a) you completed service of your prison sentence OR (b) you successfully completed your probation or discharged period
- You have received no new misdemeanor, felony, or violation convictions since the date of the conviction you wish to have expunged.
Is expungement a "right" under the new law?
No. The new law provides a framework for the types of individuals who are initially eligible to request expungement of a felony record, but ultimately requires a petition to be filed with the Court where the conviction occurred. Accordingly, even if you meet the bare eligibility conditions outlined above, your petition may still be denied by the Judge.
The law allows the Prosecutor an opportunity to respond, and if he/she wishes, object to expungement of your conviction on behalf of the state. Upon filing, the local prosecutor will have 60 days to respond to the petition and may also apply for a 60 day extension to make the time limit 120 days.
Ultimately it is essential to understand that the success of your felony expungement petition up to the sitting judge. He/she can grant or deny it for any reason. Accordingly, it is important to not only meet the bare eligibility requirements, but also supplement your petition with additional information that strengthens your case.
What does felony expungement cost?
The Court fee for an expungement petition is $500 and must be paid at filing, plus your attorney fee. If the petition were ultimately denied, $450 of that fee will be refunded to the Defendant.
Wills Law Office is competitive in its pricing for expungement services. We charge a flat fee that will cover the entire process - including consultation, preparation, filing, and court appearances. Call today for details!
Do I need an attorney to assist me in Petitioning for an Expungement?
There are several reasons obtaining an attorney to assist in your efforts is best.
First, the determination of whether you are eligible under the new law is essential. While 70% of Class D felonies are eligible, that leaves 30% that are specifically barred.
Second, there is a rigid process that must be followed in filing the petition, noticing the interested parties, and getting the matter before the correct judge.
Third, and maybe most importantly, simply meeting the bare eligibility requirements does not guarantee success of your petition. This is a law that allows a qualified individual to petition the court, BUT THE COURT RETAINS THE ABILITY TO DENY THAT PETITION. It will many times be wise to accompany your petition with documentation, affidavits, and/or other forms of proof in order to strengthen your case. Accordingly, the discretionary component of the outcome makes it imperative you secure knowledgeable counsel who will increase your likelihood of success.