Guide To Expungement In Kentucky-PDF Free Download

Guide to Expungement in Kentucky
12 Mar 2020 | 136 views | 2 downloads | 41 Pages | 3.02 MB

Share Pdf : Guide To Expungement In Kentucky

Export Guide To Expungement In Kentucky File to :

Download and Preview : Guide To Expungement In Kentucky

Report CopyRight/DMCA Form For : Guide To Expungement In Kentucky



Transcription

Misdemeanor Convictions, Under KRS 431 078 a person may apply to expunge an unlimited number of misdemeanors. and they may seek misdemeanor expungement an unlimited number of times For a person. with only a single misdemeanor or only one case of misdemeanors expungement is. mandatory KRS 431 073 4 However expungement of multiple sets of misdemeanors is. now discretionary KRS 431 073 5, Misdemeanor expungement costs 100 per case not per charge 50 of which. is refundable if the expungement is denied KRS 431 073 6. Determining eligibility for misdemeanor expungement. A person can expunge misdemeanor s if the following circumstances are met. No criminal charges currently pending KRS 431 073 4 c KRS 431 073 5 c. Completion of 5 year waiting period KRS 431 073 2, o If the person was only fined their eligibility date will be 5 years from. the date of sentencing imposition of the fine, o If the person received a conditionally discharged sentence their. eligibility date will be 5 years from the date of their discharge. No misdemeanor or felony convictions in the five years prior to filing a petition for. expungement KRS 431 073 4 b KRS 431 073 5 b, o Violations traffic infractions or non convictions do not count.
o The person no longer needs a clean slate ever since their last conviction. The offense was not a sex offense or an offense against a child KRS. 431 073 4 a KRS 431 073 5 a, o These terms are not defined in the statute. The offense may not have been subject to enhancement for a second or. subsequent offense or the time for the enhancement has expired KRS. 431 073 4 d KRS 431 073 5 d It is unclear how this will be interpreted. o Because the look back period for DUI s was extended to 10 years a person. must now wait 10 years from when they were charged to expunge a. misdemeanor DUI KRS 189A 010, Felony Convictions, KRS 431 073 creates a specific list of Class D felonies that are now eligible for. expungement Between 60 70 of Class D felonies are now expungement eligible The. full list of expungeable Class D Felonies can be found in KRS 431 073 1 and on pages 9. 10 of this Lawyers Guide to Expungement, A person may expunge multiple eligible Class D felonies if they are part of a series arise. from the same incident KRS 431 073 1 What this means exactly is yet to be determined. The Attorney General recently appealed a Circuit Court Order granting expungement in. Commonwealth v Vowels 16 CA 1629 Ky App 2017 In Vowels Circuit Court held that. a single indictment including three counts of Theft by Unlawful Taking over 100 and two. counts of Burglary 3rd degree which occurred over four day period constituted a series. of Class D felony violations arising from a single incident The Commonwealth argued. that since the incidents involved separate victims on separate dates times and locations. they should not be considered a single incident In granting expungement the Circuit. Court stated that it wanted to construe KRS 431 073 liberally We encourage attorneys to. construe the statute liberally and to seek expungement of all Class D felonies that involve. a single incident This may include a link through indictment time location victim or. other relevant factor, HB40 also creates a new expungement process Under the law a person applies via AOC. form to have their conviction vacated If that petition is granted the conviction will be. vacated dismissed with prejudice then expunged KRS 431 073 4 This helps with the. interaction with federal law etc Felony expungement is discretionary so a judge may deny. the petition even if a person meets the statutory requirements KRS 431 073 4. If a person is otherwise eligible an expungement under this section will automatically. restore voting rights KRS 431 073 6, The felony expungement process costs 500 450 of which is refundable if the.
expungement is denied KRS 431 073 9 This fee covers all expungeable offenses in the. case misdemeanors included, Determining eligibility for felony expungement. A person can expunge Class D felonies if the following circumstances are met. Their felony is on the eligibility felonies list KRS 431 073 1. No criminal charges currently pending KRS 431 073 4 c. Completion of 5 year waiting period KRS 431 073 2, o If the person was only fined their eligibility date will be 5 years from the. date of sentencing imposition of the fine, o If the person received a conditionally discharged sentence their eligibility. date will be 5 years from the date of their discharge. The person must not have been convicted of any misdemeanors or felonies in the. five years prior to filing a petition for expungement KRS 431 073 4 b. o Violations and traffic infractions do not count, o The person no longer needs a clean slate ever since conviction. The person has not already had a Class D felony expunged under KRS 431 073 KRS. 431 073 4 a, The mere presence of ineligible felonies on a person s record such as ineligible Class D.
felonies or Class A B C felonies do not prevent the expungement of an eligible felony. 1 The law does not prevent someone from applying again if they were denied. Immigration consequences Non U S citizens should speak with an immigration attorney. before filing for expungement Expungement can complicate the ability to prove good. moral character on a naturalization application, Misdemeanor case 100 Felony case 500 Acquittal dismissal no charge. This cost of felony expungement is very high compared to the national average 2 However. the law does not say the fee is not waivable Attorneys working on behalf of low income. and indigent clients who cannot afford the fee should attempt to waive the fee with an in. forma pauperis motion See KRS 453 190 A court shall allow a poor person residing in this. state to file or defend any action or appeal therein without paying costs. Non convictions, Acquittals, If a person was acquitted charges may be expunged 60 days from the date of acquittal KRS. 431 076 1 2, Dismissals, If charges were dismissed with prejudice and not in exchange for a plea on another charge. or case also called dismissed merged they may be expunged 60 days from the date of. dismissal KRS 431 076 1 2, If charges were dismissed without prejudice or in exchange for a plea on another charge or. case also called dismissed merged the person is not technically eligible for. expungement KRS 431 076 1 However sometimes the KSP record report will show the. charge as eligible Therefore you could go ahead and request the KSP report for these. Grand Jury Indictments, Under HB40 a person against whom felony charges were originally filed in District Court.
and was not indicted by the grant jury will be eligible to expunge those charges after 12. months KRS 431 076 1 2, Segregation as last resort option. If you have a client who had a felony charge dismissed without prejudice and you cannot. get the Commonwealth to agree to change it to a dismissal with prejudice or get creative in. another way you can ask for the records related to the dismissed charge s to be. 2 Kentucky s felony expungement fee is the second highest in the country Many states fees. are between 150 and 250 See also Here s why many Americans don t clear their. criminal records www pbs org newshour rundown heres why many americans dont. clear their criminal records Want to Clear Your Record It ll Cost You 450. www themarshallproject org 2016 05 31 want to clear your record it ll cost you. 450 vEZvPwHPK, segregated Make sure you get a similar order in district court if there was an. accompanying district court case KRS 17 142, Diverted Charges. If a charge was diverted it should be dismissed but the Court must enter the dismissal. which usually requires an attorney or the defendant moving for the dismissal to be entered. Occasionally you will find a case where the defendant agreed to do diversion i e. defendant to stay out of trouble for 6 months dismiss if no new offenses but then no one. ever went back to court for them to secure the dismissal In these cases you will need to. redocket the case to request that the charge s be officially dismissed You can also ask the. prosecutor to do this nunc pro tunc which can backdate the effective date of dismissal. which could mean a much sooner expungement eligibility date KRS 431 076. Possession sealing, Certain first time drug possession convictions under KRS 218A 1415 218A 1416 or. 218A 1417 may be voided and sealed using a different process KRS 218A 275 9 A court. may void these convictions upon successful completion of the sentence and the records. can then be sealed A person does not need to disclose a sealed conviction but it is not as. complete as expungement because it is still available to the court To seal one of these. convictions file a motion pursuant to KRS 218A 275 9. HB40 does not prevent a person from receiving both expungement and a void and seal If. you have a client with an possession conviction and an expungement eligible felony in a. separate case you could consider pursuing both to clear their record. Before HB40 a person who received a pardon from the governor was unable to expunge. their pardoned conviction s Under HB40 a person who has received a pardon may now. apply for expungement KRS 431 073 1 Anyone requesting expungement of their. pardoned record should note that they have been pardoned when requesting their. Certificate of Eligibility and submit a copy of their letter of pardon when filing their. expungement request in court This also means that a pardon is a route to expungement for. those who are otherwise ineligible under the law, Expungement Process.
STEP 1 Get a Certificate of Eligibility, Any person seeking expungement must first request a Certificate of Eligibility This costs. 40 and you can request it online here courts ky gov expungement Pages default aspx. You can also order the certificate by mail Send the Certification Form with a 40 money. order to Records Unit Administrative Office of the Courts 1001 Vandalay Drive Frankfort. AOC and KSP prepare these documents and they are working under a significant backlog. KSP processes these requests on a first come first serve basis If the packet says that your. client is ineligible its possible there was a mistake You may still file for expungement. STEP 2 File the certification packet and expungement petition with the court within 30. You have 30 days to file your documents with the court in the county where the charges. originated After 30 days the certification packet will expire There is a different form for. acquittals dismissals misdemeanors or felonies, The form asks where the expungement request should be sent you should provide a. mailing address along with the agency name Benjamin Pugh www prlaw legal submitted. this suggested list All federal databases including Dept of Homeland Security. Immigration ICE 500 12th St SW Washington DC 20024 Courtnet County Detention. Center Jail FBI database a k a NCIC 12401 Sycamore Station Place Louisville KY 40299. Cabinet for Health and Family Services 275 East Main St Frankfort KY 40601 any KY. educational database KY Department of Education 300 Sower Blvd 5th Floor Frankfort. KY 40601 County Board of Education Jailtracker City Police Department County Sheriff s. office County or local Expungement Information Processing Dept EIP County Police. AOC 1001 Vandalay Dr Frankfort KY 40601, Not Eligible. Sometimes you will have a client who is technically ineligible because of some failure to. meet every requirement laid out in the statutes In these cases it may be worth your while. to ask for a meeting with a prosecutor and ask if they are willing to get creative to ensure. the person gets an expungement, It is essential in these types of cases to really go to bat for your client to show the. prosecutor why he or she is deserving of this creative legal maneuvering For example. has the client completed rehab volunteered changed their life around etc Did they not. have an attorney when they agreed to be convicted of the offenses and thus didn t. understand how it might affect their future Think of all the reasons they deserve a clean. record and be ready to present them succinctly along with information about why the. offenses sought to be expunged were not of such a grave nature that expunging them. would undermine our system of laws, Julie Kaelin is a partner at Faulkner Kaelin Law www faulknerkaelinlaw com 514 S 5th.
Street Suite 102 Louisville KY 40202 502 584i 0969. Molly Rose Green is the founder of Clean Slate Kentucky and was the 2015i 2016. Expungement Fellow at the Department of Public Advocacy. Additional resources are available at www CleanSlateKentucky com and dpa ky gov. Use this chart if you were convicted of misdemeanors. You can apply to expunge an unlimited number of misdemeanors even if they. were in different cases or counties, Are there any criminal charges currently pending against you. YES You are not currently eligible, Have you been convicted of any misdemeanors or felonies in the past. five years, You cannot have any misdemeanor or, felony convictions on your record for the. YES You are not yet eligible five years before you apply for. expungement, Have five years passed since the completion of your sentence including. payment of fines and probation You must wait five years after you. complete your sentence pay any fines, NO You are not yet eligible fees o.
1 Guide to Expungement in Kentucky By Julie Kaelin and Molly Rose Green July 19 2016 Expungement can help Kentuckians with criminal records find housing and employment

Related Books

Kentucky Rabbit Report Kentucky Department of Fish and

Kentucky Rabbit Report Kentucky Department of Fish and

Kentucky Rabbit Report 2017 Kentucky Department of Fish and Wildlife Resources Page 3 Population Status The rabbit population in Kentucky is indexed in two ways rabbits seen per 100 miles and rabbits jumped per hour afield hunting These two indices are based on the Rural Mail Carrier Survey and Hunter Cooperator Logs respectively

WebAssign Student Guide University of Kentucky

WebAssign Student Guide University of Kentucky

August 2015 Release Notes Release notes describe new features and resolved issues for each release August 5 2015 Release Notes This release resolves some reported issues for instructors and students

Guide to Basic Kentucky Probate Procedures

Guide to Basic Kentucky Probate Procedures

This brochure refers to forms that are necessary to carry out specific legal actions There are two ways to obtain these legal forms The forms can be downloaded from the Kentucky Court of Justice Web site at www courts ky gov Click on Legal Forms at the top of the home page You can then search for and print the probate forms

11th EDITION POCKET GUIDE KENTUCKY COAL FACTS

11th EDITION POCKET GUIDE KENTUCKY COAL FACTS

11th EDITION POCKET GUIDE KENTUCKY COAL FACTS Provided by Kentucky Coal Association through an education grant per KRS 224 10 100 29 from

A Guide to Kentucky Inheritance and Estate Taxes

A Guide to Kentucky Inheritance and Estate Taxes

Kentucky Department of Revenue A Guide to Kentucky Inheritance and Estate Taxes GENERAL INFORMATION

A Q uic Look Home Buying Guide Kentucky Housing Corporation

A Q uic Look Home Buying Guide Kentucky Housing Corporation

through our home buying services with loans you can trust As your state housing finance agency our mission is to invest in quality housing solutions for families and communities across Kentucky We want to help you purchase a home You have already taken the first step by receiving this Home Buying Guide The information in this guide will take you through the home buying process and give

KENTUCKY SPRING HUNTING GUIDE

KENTUCKY SPRING HUNTING GUIDE

KENTUCKY SPRING HUNTING GUIDE TELECHECK 1 800 245 4263 Fish amp Wildlife 1 800 858 1549 fw ky gov Office hours Monday Friday 8 AM 4 30 PM ET Report Game Violations 1 800 25 ALERT MARCH JUNE 2020 Dave Baker photo kyfishwildlife APPLY FOR AN ELK QUOTA HUNT NEW THIS YEAR Changes from last season are printed in bright blue throughout this guide to as sist you in noticing those

A Social Worker s Guide to Life Books Kentucky

A Social Worker s Guide to Life Books Kentucky

Sammy s adoptive mother continued work on the book record ing with Sammy his insights about his life In time Sammy became calmer learning to control his behavior and vent his anger appropriately His school behavior and work improved One day Sammy announced that his mother must have had a heart attack and died His adoptive mother said

GUIDE for Explosion Eastern Kentucky University

GUIDE for Explosion Eastern Kentucky University

practitioners bomb technicians and investigators and forensic laboratory analysts to explore the development of improved procedures for the identification collection and preservation of evidence at explosion and bombing scenes This Guide was produced with the dedicated and enthusiastic participa tion of the seasoned professionals who served on the Technical Working Group for Bombing Scene

Kentucky Landlord Tenant Guide Lexington Fair Housing

Kentucky Landlord Tenant Guide Lexington Fair Housing

Kentucky Landlord Tenant Guide March 1990 INTRODUCTION The purpose of this booklet is to provide information that will be useful to landlords and tenants in Kentucky Much of this information is based on the Kentucky Uniform Residential

A Difficult hoice Kentucky Families and the ivil War

A Difficult hoice Kentucky Families and the ivil War

minutes to complete Entrance Slip Have students share their answers with a partner at their table in a think pair share or other teacher strategy choice As a group list a few reasons on the board for each side going to war and let the students use their Entrance Slips to assist you Total Time 10min

2018 Kentucky Building Code

2018 Kentucky Building Code

i Kentucky Information on Code Enforcement The Kentucky Building Code is based upon the 2015 International Building Code published by the International Code Council Inc with Kentucky specific amendments It provides design and construction standards to ensure the public safety health and welfare insofar as they are