Louisville Felony Expungement Lawyer

What are the Expungement Laws in Kentucky?

Expungement is the process of removing criminal records from all government-controlled databases by obtaining a Court Order that requires these kinds of records to be sealed.

What is the Different Between Expungement and Felony Expungement?

The difference between most expungement cases and a felony expungement case is the addition of exclusions set out in the Kentucky Revised Statutes. You owe it to yourself to find out if you qualify. Even if there is no conviction, records of arrest and prosecution remain on a criminal record.

There are numerous reasons why an individual would wish to have their record expunged, including:

• They are unable to apply for jobs with a criminal record
• They are unable to apply for a lease to an apartment or home
• They were not convicted and do not want any record of their criminal case mentioned in any governmental system
• They were falsely arrested due to identity confusion and other errors of governmental authority

If you are in need of a felony expungement in KY, you want to be sure that the criminal defense attorney you choose to prepare your case knows the law of all expungements. At The Simon Law Office, our firm is experienced with handling large and complex cases, including felony charges. We are committed to obtaining an Expungement Order for every Petition of Expungement that we file.

Are you looking for a felony to be expunged? Our Louisville felony expungement attorney has the legal experience you need. Call The Simon Law Office today at (502) 822-2074 or contact us online for a fresh start!

What Felonies Can Be Expunged in Kentucky?

In the state of Kentucky, many felonies are not eligible for expungement. Recently, however, the Kentucky Senate passed House Bill 40, stating only certain Class D felonies are eligible for expungement such as 3rd degree burglary and 2nd degree forgery. Class A, B, and C felonies are not eligible. The following must also not apply to you:

• Have criminal charges against you
• Have been convicted of any misdemeanors or felonies in the past
  five years
• Have five years passed since the completion of your sentence
• You have expunged a Class D felony.

How Long Do You Have to Wait to Get a Felony Expunged?

You cannot begin the expungement application process unless five years have passed since you completed your sentencing or five years after you have completed your probation and its terms and conditions.

Felony Expungement Application Process

The first step in the expungement process is acquiring a criminal record check from the state Administrative Office of the Courts and the Kentucky State Police Records Section that certify the accuracy of the records for the Court. Once received by our office, an Application for Felony Expungement form is prepared for our client’s notarized signature. When these documents are completed, we file the Expungement Application and required filing fee, then monitor the process until conclusion. The prosecutor has 60 days to object to your Motion. If there is an objection, our attorney appears in Court on your behalf to make your case for an Expungement Order.

When the Order is approved by the judge, it will be sent by the Court Clerk to all of the law enforcement and governmental agencies that have your criminal record in their databases, telling them that your conviction was vacated. Once processed, all records associated with the criminal case will be removed from state performed background checks.