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Some felony convictions can be expunged in Kentucky

Being convicted of a felony crime means that you are forever branded as a felon. This is a tough pill to swallow because it comes with a lot of different limitations. It also means that you might be judged by society without ever being given a chance to prove that you've turned your life around.

People who are convicted of specific felonies in Kentucky are rather fortunate. This state is something akin to a land of second chances because of the chance to have felonies expunged. Not all of these convictions can be expunged, so you will have to find out if yours is eligible.

The state maintains a list of eligible felonies. On this list are some fairly common charges, such as possession of a controlled substance and identity theft. Others such as bigamy and sports bribery are also on the list.

You should remember that an expungement isn't an immediate solution to the issue of having a felony conviction. Instead, you will have wait a specific amount of time after you have finished your sentence. You must wait five years after your probation or parole ends, or five years after you complete the entire sentence. Which one applies to you depends on which one is later.

The process for applying for an expungement is a very involved. You have to pay a filing fee, which is currently $500, and a $40 fee to have a record pulled that will show what charges are eligible for expungement. The prosecution is notified and there are waiting periods to enable the prosecutor to object to the process. You might have to go to court, depending on the status of the petition.

It is a good idea to focus on your defense when you are first charged. You can worry about expungement after a conviction. Use this possibility to fuel your desire to comply with your sentence if your charge is one that can be handled through this process eventually.

Source: Kentucky Court of Justice, "House Bill 40: Felony Expungement," accessed June 08, 2018

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Michael J. Thompson, Attorney at Law

16360 Fort Campbell Blvd.
Oak Grove, KY 42262
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Phone: 270-605-0441
Toll Free: 866-397-7788
Fax: 270-439-1177

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