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New expungement rules for felonies in Kentucky

Jul 31st, 2016

As of July 15, 2016 many felonies in Kentucky can be expunged.  The list is long enough that is it is easier to say what is NOT expugnable.    The convictions, or guilty pleas, that can’t be expunged are:

1.      Crimes involving seniors;

2.      Sex crimes;

3.      Drug trafficking; and

4.      Human trafficking.

If the felony does not fall under one of these categories, it may be eligible for expungement.  The first thing a person should do, and they can do this part on their own if they want, is get a copy of their official record from Frankfort.  It costs $40 and can be done via the mail, in person, or online.  The online site is http://courts.ky.gov/Expungement/Pages/process.aspx

Realistically you, or your attorney, will need to do this before anyone can tell you whether or not your case is eligble for expungement.  Once you, or your lawyer, has that, you can start the expungement process.  Currently, the filing fee (which is what the Court charges) is $500.  That may or may not change, but as of today, that is the Court cost.  Attorney fees would be separate and would depend on the type and number of charges.

Also, in most circumstances, the felony expungement process for Kentucky would allow you to vote and carry a gun again.  However, and this is important, there are other reasons that you may not be able to carry a gun even after the expungement.    Now this is still a new area, so this has not been lititagated yet, but as Kentucky law states under KRS 218A.275(10):After the sealing of the record, the proceedings in the matter shall not be used against the defendant except for the purposes of determining the person’s eligibility to have his or her conviction voided under subsection (8) of this section. The court and other agencies shall reply to any inquiry that no record exists on the matter. The person whose record has been sealed shall not have to disclose the fact of the record or any matter relating thereto on an application for employment, credit, or other type of application.

This means that, in theory, once the felony is gone, then one should be able to get a carry concealed license and carry a gun in Kentucky.  However, the currently law in Kentucky regarding losing your right to carry a gun is that you lose that right when you are convicted or plead guilty to:

1.      any conviction for a felony after 1994;

2.      a conviction for a misdemeanor crime of domestic violence; or

3.      being subject to certain types of restraining orders.

Which is something else you will need to discuss with an attorney when you go over the specifics of your case.


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