ANY Class A, B, C FELONY (Picture of a Robbery NOT A PICTURE OF A MINORITY)
Felony Driving Under the Influence DUI 4th or greater (Picture of a DUI Arrest- CUFFS ON DEFENDANT)
MULTIPLE FAMILY VIOLENCE OFFENSE -THIRD OR SUBSEQUENT ASSAULT 4 ON A FAMILY MEMBER OR MEMBER OF AN UNMARRIED COUPLE
(A picture of Domestic Violence of a Man hitting a Woman)
FELONY IMPERSONATING A POLICE OFFICER (A person in a Halloween Police Office Costume)
ABUSE OF PUBLIC OFFICE (Insert a Picture of Politician Taking A Bribe)
You cannot petition the Court to expunge a felony conviction of a
Offenses Resulting in the Serious Bodily Injury or Death
Offenses Committed Against a Child
Felony Assault of a Family Member
Breach of Public Trust Offenses
Felony Impersonating a Police Officer"
"Burden of Proof
If the court determines that circumstances warrant vacation and expungement and that the harm otherwise resulting to the applicant clearly outweighs the public interest in the criminal history record information being publicly available, then the original conviction or convictions shall be vacated, and the records shall be expunged.
The order of expungement shall not preclude a prosecutor's office from retaining a nonpublic record for law enforcement purposes only.
I believe we can personalize you to the court and persuade the judge to expunge your order. Because I need to personalize you to the court, I ask that you call my receptionist Charlene Manley at (502) 589-6190 to schedule an appointment to meet with you. If you live out of town, my receptionist will schedule a phone interview. I do not charge for the initial expungement client interview
You can review the bill yourself by clicking: https://apps.legislature.ky.gov/recorddocuments/bill/19RS/sb57/bill.pdf
The new expungement law also places the burden of proof by "clear and convincing evidence" on the person petitioning the court for expungement. The petition must convince the court that they are rehabilitated, are not likely to re-offend, the expungement is in the interest of the welfare and safety of the public, and the interest of justice. In other words, it is up to us to convince a Judge to grant the expungement if the prosecutor or victim objects. The good news is that the Kentucky General Assembly has reduced the expungement felony filing fee from $500.00 to $250.00.
The 2019 law (Senate Bill 57) requires:
The person had not:
After the effective date of this Act, had a felony conviction vacated and the record expunged;
The person had not in the five (5) years prior to the filing of the application to have the judgment vacated been convicted of a felony or a misdemeanor; and
No proceeding concerning a felony or misdemeanor is pending or being instituted against the person.
The person has been rehabilitated and poses no significant threat of recidivism.
If the prosecutor or victim objects, the court shall schedule a hearing within one hundred twenty (120) days of the Commonwealth's response. The prosecutor shall specify in the objection the reasons for believing a denial of the application is justified. At the hearing at which the applicant or his or her attorney must be present, the applicant must prove by clear and convincing evidence that:
1. Vacating the judgment and expunging the record is consistent with the welfare and safety of the public;
2. The action is supported by his or her behavior since the conviction or convictions, as evidenced that he or she has been active in rehabilitative activities in prison and is living a law-abiding life since release;
3. The vacation and expungement are warranted by the interests of justice;
4. Any other matter deemed appropriate or necessary by the court to make a determination regarding the petition for expungement is met.
At the hearing, you may testify as to the specific adverse consequences you may be subject to if the application is denied. The court may hear the testimony of witnesses and any other matter the court deems proper and relevant to its determination regarding the application.
The Commonwealth may present proof of any extraordinary circumstances that exist to deny the application. A victim of any offense listed in the application shall have an opportunity to be heard at any hearing held under this section.