Two tracks to Petition to Expunge Your Record

Track 1

In 2016, Kentucky passed House Bill 40, permitted for the first time-the expungement of 61 Class D felonies such as felony theft, burglary, possession of a controlled substance. The 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:

1. The charge is one of the 61 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

If you have a felony record, go to my website, to determine whether you qualify to expunge your felony record. Here is the list of 61 eligible felony offenses:

The 2016 law permitted for the first time the expungement of certain felony offenses. The law granted 91,000 Kentuckians the opportunity to expunge their felony convictions. Sadly, as of July 2019, only 2001 Kentuckians have expunged their felony record. But good news is on the way! As a result of the passage of Senate Bill 57, Kentucky's new expungement law, the Kentucky State Police is reporting a 400% increase in expungement submissions over the same time last year (2018). The message is finally being heard.

Track 2

In the spring of 2019, the Kentucky General Assembly passed Senate Bill 57 which now permits the expungement of hundreds of other Class D felony offenses that were previously barred from expungement. The new law went into effect on June 27, 2019. ineligible for expungement.

Now 126,000 felony offenders are eligible to expunge their felony record. These individuals committed nonviolent offenses and paid their debt to society but are still prohibited by law from enjoying the benefits of our society. With the passage of House Bill 40 and now Senate Bill 57 126,000 Kentuckians can now vote, attend school functions with their children, secure jobs that require licenses for skilled positions such as barbers, HVAC, electricians, plumbers. They can hunt with their children and friends and now volunteer in our community.

Offenses Not Eligible for Expungement:

Senate Bill 57 specifically prohibits the expungement of Felony DUI offenses KRS 189.010, Felony assault of family member or member of an unmarried couple KRS 508.032; breach of public office, sex offenses, an offense committed against a child, and those violent offenses that resulted in serious bodily injury or death.