Commonwealth of kentucky felony diversion options

Sometimes the grand jury hears a case and chooses not to indict. In fact, some employers will interpret these cases as a pending felony charge.

Requirement for Hardship Privileges

In these cases the defendant can petition to expunge the offense twelve months after the case is held to the grand jury by the District Court. In particular KRS There is no filing fee under KRS Our rates for dismissed cases depend upon the complexity of the case and location.

Give us a call or use the app for a complete quote and eligibility determination—absolutely free. The judge has the discretion to order a hearing under KRS Many judges routinely hold court hearings on expungements even when the prosecutor does not object.

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These hearings can be handled by an attorney and rarely require the presence of the defendant. After the expungement, the proceedings in the matter shall be deemed never to have occurred. The court and other agencies shall delete or remove the records from their computer systems so that any official state-performed background check will indicate that the records do not exist. The court and other agencies shall reply to any inquiry that no record exists on the matter. The person whose record is expunged 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.

There are two separate provisions under KRS This is less important in the context of misdemeanor offenses. The major difference is that an expungement under KRS If you received any type of probation, the expungement date will be five years from the date you completed probation. If you were ordered to pay a fine, you must wait five years from the date you paid the fine.

You cannot have been convicted of any misdemeanors or felonies, or have a pending misdemeanor or felony offense.

Determining the level of offenses, particularly traffic offenses is complex. For example, KRS These determinations can be particularly difficult, and there are still open questions. If you have any offenses on your record in the last five years, and you would like an expungement, it is best to have an attorney screen your particular record.

While not defined by the code, an offense is enhanceable when the penalty increases for a second or subsequent offense. It is unclear how this is to be interpreted. Some common enhanceable offenses include:. Of particular interest right now is the interpretation of DUI enhanceability. In April , the legislature increased the enhancement window for a DUI to ten years. Some courts have interpreted this to require a defendant wait ten years after their DUI conviction to apply for an expungement. If you have a DUI in the last ten years that you need expunged, give us a call.

It specifies:. In Ladriere v. Much confusion arises from the fact that there are offenses in Chapter 17 that require registration, but are not statutorily sex offenses. If you have been convicted of any misdemeanor crime that arguably could be a sex offense, you should consult with an attorney about expungement. It explains:. Kidnapping, as set forth in KRS Unlawful imprisonment, as set forth in KRS Sex crime; 4.

Promoting a sexual performance of a minor, as set forth in KRS Human trafficking involving commercial sexual activity, as set forth in KRS Promoting prostitution, as set forth in KRS Use of a minor in a sexual performance, as set forth in KRS Sexual abuse, as set forth in KRS Unlawful transaction with a minor in the first degree, as set forth in KRS Any offense involving a minor or depictions of a minor, as set forth in KRS Chapter ; Any attempt to commit any of the offenses described in subparagraphs 1.

Solicitation to commit any of the offenses described in subparagraphs 1. The only misdemeanors discussed in this list are Sexual Abuse Second Degree, several offenses under KRS , attempt offenses, and solicitation offenses.

Commonwealth , unreported, Ky. In our experience, trial courts have been inconsistent in interpreting the language of the statute. Give us a call. Fifty dollars of that is refundable if the expungement is not granted. Give us a call to get a quote for us to handle your expungement. This varies from county to county. We have handled expungements in over forty courts and the practice varies in each location. If the judge does order a hearing in your case, we can appear on your behalf and will be prepared to argue vigilantly on your behalf.

Upon the entry of an order to expunge the records, the proceedings in the case shall be deemed never to have occurred; the court and other agencies shall cause records to be deleted or removed from their computer systems so that the matter shall not appear on official state-performed background checks; the persons and the court may properly reply that no record exists with respect to the persons upon any inquiry in the matter; and the person whose record is expunged 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.

The law specifically says that you do not have to disclose the conviction or any related matter on an application. No one can get it at the Courthouse without a Court order. The only way to get the records back after an expungement is to file a motion in the court to review them. This is why we recommending making copies and keeping them somewhere safe before the expungement is granted.

It can. When KRS It was amended in the Senate to list which specific felonies were eligible for expungement. It reads in full:. By defining which offenses are eligible for expungement by statute number, this created some interesting consequences. Several offenses changed number over time. Many offenses that likely should have been included were not. The Public Defenders office has created the following list of expunge able felonies, though we have expunged several that are not on this list. Many offenses that predate are actually eligible.

Some offenses, including Trafficking Controlled Substance are eligible, depending upon what year the conviction is from. Give us a call if you have any questions. Here is the unofficial list of expunge able offenses:. Even after an offense is pardoned by the Governor, it continues to show on a background check.

The only way to remove a pardoned offense from a background check is to seek an expungement. Any felony, if pardoned by the Governor, can be expunged under KRS The pardon must be a full pardon, not merely a restoration of rights. In order to expunge a felony, your felony must be one of the eligible offenses or have been pardoned by the Governor. If you received any type of probation or parole, the expungement date will be five years from the date you completed probation or parole.

This area is complex. If you have one conviction for Possession of a Controlled Substance and another qualifying conviction, it is possible to void and seal the possession conviction and to expunge the other conviction. If one of your multiple felonies is not Possession of a Controlled Substance, it becomes more difficult.

It reads:. Several courts have agreed with us and have applied this test. We have had a few clients succeed in expunging multiple indictments because of it. If you do not meet the requirements of KRS Under KRS This can take two to four weeks.

After this, you must file for your expungement within thirty days of the certificate date. Once filed the prosecution has sixty days to respond and the court has an additional sixty days to rule on the petition or order a hearing.

This process can sometimes take longer depending upon the jurisdiction. Once granted, AOC removes the records from their database quite quickly. Four-hundred fifty dollars of that is refundable if the expungement is not granted. Upon entry of an order vacating and expunging a conviction, the original conviction shall be vacated and the record shall be expunged.

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The court and other agencies shall cause records to be deleted or removed from their computer systems so that the matter shall not appear on official state-performed background checks. Assuming nothing else was preventing you from legally owning a gun, yes. It will take some time to pass an FBI background check, but legally you can buy a firearm after your felony is vacated.

Your conviction is vacated. You should consider disclosing expunged charges when applying for entry into foreign countries, on immigration applications, and when answering questions on applications to the federal government. Consult with your lawyer for a full list of scenarios. The Controlled Substances chapter of the Kentucky Revised Statutes allows for a special type of expungement for people convicted of possession of a controlled substance offenses.

There are two provision that allow for voiding and sealing possession convictions.

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KRS A. Yes and no. Except as provided in subsection 12 of this section, in the case of any person who has been convicted for the first time of possession of controlled substances, the court may set aside and void the conviction upon satisfactory completion of treatment, probation, or other sentence, and issue to the person a certificate to that effect.