Coiner's Corner

Felony Expungement in Kentucky Is a Good Start

Posted by Andrew Coiner | May 16, 2016 | 0 Comments

The Kentucky Legislature passed and the Governor signed a bill creating a new section of KRS Chapter 140 dealing with felony expungement. Starting July 15, 2016, certain felonies can be cleared from your record in Kentucky. A list of the felonies that can be expunged is long and some of the felonies are obscure. But it's a start. The Legislature has debated felony expungement for years, but did not act. Realizing now that employers, and potential businesses locating in Kentucky, may have a difficult time filling jobs as potential qualified employees are eliminated with the continuing criminalization of the Commonwealth. Some of the more common crimes now eligible for expungement are: assistance program fraud, forgery of a prescription, possession of a controlled substance in the first, second and third degrees, marijuana cultivation, burglary third degree, criminal mischief first degree and various theft offenses. Some of the more obscure and seldom charged felonies that can be expunged are: unlawful use of the DNA database identification system, trafficking in a dietary supplement, filing an illegal lien, operating a sham or front company and bigamy.

Misdemeanor expungement has been available in Kentucky for some time but relief from a felony conviction has only been available by a pardon from the Governor. If you've been convicted of a felony and have not committed a crime in the five years since you completed your sentence or successfully completed probation, you may qualify for felony expungement. The new felony expungement rules do not apply to sex offenders and most violent offenders. However, if you've committed an economic crime, such a theft, or a drug crime such as possession of a drug classified as a felony, you can take advantage of the new law. If you've been granted a pardon by a Kentucky Governor, which does NOT erase your criminal record, you are also now eligible for expungement. If you are eligible and your record is expunged, it is as if the crime never occurred. It is not an easy or fast process. In addition, it is not automatic. Discretion rests in the power of the Circuit Judge. If the Court grants felony expungement and dismisses your felony charge or charges, you do not have to reveal it on job applications.

Call me at 270-442-9268 or email [email protected] to determine if you are eligible for felony expungement. 

About the Author

Andrew Coiner

I have been representing people accused of crimes and victims of the negligence of others in Paducah since 1994.  Before opening my Paducah office, I worked in two large Kentucky law firms.  Working for large law firms made me realize I'd rather help a person injured in a car wreck caused by another driver's negligence than work for the negligent driver's insurance company. I served two Kentucky governors in economic development positions.  I am proud to have created jobs for the working men and women of Kentucky.  Before working in economic development, I served a stint as a legislative liaison and a special prosecutor in the Kentucky Attorney General's office. Before my legal career, I worked in a drug store, hardware, as a ditch digger and as a newspaper reporter.  I worked my way through Ashland Community College, Marshall University and the University Of Kentucky College Of Law. I handle criminal and personal injury cases in the western Kentucky counties of McCracken, Ballard, Carlisle, Marshall, Hickman, Graves, Livingston, Crittenden, Fulton, Caldwell and Lyon.  I also represent clients in the United States District Courts, Eastern and Western District of Kentucky, including Paducah, Fort Campbell and Owensboro.  I have also successfully represented clients in the United States Court of Appeals for the Sixth Circuit in Cincinnati,Ohio.   I have been honored by my peers with Martindale Hubbell's prestigious AV rating for achieving and maintaining very high ethical conduct and preeminent legal ability. I have also been selected by my peers as a Kentucky Super Lawyer. Kentucky Monthly magazine selected me as one of the top attorneys in Kentucky. The National Trial Lawyers selected me as a Top 100 Trial Lawyer. If you are facing federal or state criminal charges or have been injured because of someone's negligence, call me for an honest evaluation of your case.  If you've got a great case, I'll tell you.  If you got a case with problems, I'll tell you that too.  I will put my reputation, experience and expertise to work for you.  Your case deserves the attention of an experienced trial lawyer.  

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Attorney Andrew Coiner

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If you are facing federal or state criminal charges or have been injured because of someone's negligence, call me for an honest evaluation of your case.