Our new expungement law, a law that our attorney, Benham Sims, helped draft and helped pass, permits the expungement of 61 Class D felonies such as felony theft, burglary, and possession of controlled substance and makes 91,000 Kentuckians eligible to expunge their felony convictions. This law permits the expungement of only one (1) eligible Felony conviction or a series of Class D Felony eligible felony charges arising from a single incident.
In order to grant your expungement, the Court must find, at a minimum, that:
1. The charge is one of the sixty-one eligible Class D felonies; and
2. The person had not previously had a felony conviction vacated and the record expunged pursuant to this law; and
3. No proceeding concerning a felony or misdemeanor is pending or being instituted against the person; and
4. The petition to expunge was filed no sooner than five (5) years after the completion of the person’s sentence, or five years after the successful completion of the person’s probation or parole, whichever occurs later; and
5. The person has not been convicted of a felony or a misdemeanor in the five years prior to the filing for expungement.
Our office will order your records, review the records with you to determine if you qualify or what we can do to help you become qualified, prepare your expungement records, petitions and orders, file your expungements with the court and appear at expungement hearings without you ever having to step foot in the court house!
We are required by the expungement statute to order both your official “Kentucky Administrative Office of the Court Criminal History” and a “Kentucky State Police Certificate of Eligibility” and affix copies of these records on each expungement petition. The state charges $40.00 for these documents. We will order the records for you. The state is required to provide us a copy of your records within 30 days. Please remember-once your records are sent from the state, we only have 30 days in which to prepare and file the petitions and pay the court filing fees.
We will contact you and review your records with you to determine which charges you wish to expunge. If the records indicate you do not qualify to expunge certain charges, we will explain to you why not. If the records indicate you do not qualify, we may be able to assist you in becoming eligible for expungement.
Upon payment, our office will prepare your expungement petitions, motions, and orders and file them with the appropriate courts. We will appear at expungement hearing without you ever having to step foot in the court house!
If you pled guilty to a felony, the court charges a $500.00 filing fee. If the court determines you do not qualify for expungement, the court will refund ½ of your filing fee.
Our fees for felony expungement range from $1,000.00 to $2,500.00 and will be adjusted based on the complexity, number of charges, and facts of your specific case. We are required by statute to order both your official Kentucky Administrative Office of the Court Criminal History and a Kentucky State Police Certificate of Eligibility for purposes of filing an expungement petition. The state charges $40.00 for these documents. All fees will be discussed with you prior to work being taken.
For example, if you were pled guilty to a single count of felony theft by deception in 2007, we would charge you a retainer of $1000.00 to prepare, file and petition the court to expunge your record. You would have to pay $40.00 for us to order your criminal record and certificate of eligibility from the state and you would have to pay a $500.00 expungement filing fee to the courts. The total amount you would have to pay is $1540.00 for everything-and we do all the work!