The Kentucky Application to Vacate and Expunge Felony Conviction is a legal document used to request the vacating and expungement of a felony conviction in the state of Kentucky. It is part of the process to clear a criminal record in the state. There are two types of Kentucky Application to Vacate and Expunge Felony Conviction: one for people with a criminal conviction that meets certain criteria, and one for people who have had their conviction reversed or set aside. For people with a criminal conviction, the application must be filed in the county where the conviction was entered. The application must be accompanied by a petition for expungement, which must be signed by the defendant and include a statement of the grounds for expungement. The court then reviews the application and determines if the conviction should be vacated and expunged. For people who have had their conviction reversed or set aside, the application must be made in the court where the conviction was entered. The application must also include a written statement explaining the grounds for vacating and expunging the conviction. The court will review the application and make a decision on whether to vacate and expunge the conviction.
Kentucky Application to Vacate and Expunge Felony Conviction
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Misdemeanor: Eligible for expungement after 1-year. There is no filing fee. File the Dismissal Form in the court of dismissal. Felony: Eligible for expungement after 3-years.
Most Class D felony convictions (with limited exceptions) are eligible for expungement. KRS 431.073 outlines the process for a person to file an application to have his or her conviction vacated and expunged. If the court grants the application, the original judgment will be vacated and the charges dismissed.
As mentioned above, any felony conviction that occurred after 1994 will prevent you from firearm ownership for life. If you obtain a pardon for your conviction by the Kentucky Governor or President of the United States, your firearm rights may be restored.
The Kentucky law does not include any federal court charges. The law covers 61 felonies, (see attached list) or about 70% of the available infractions. The law specifically excludes expungement for any violent crimes, sexual offense or for any crimes against children or public corruption.
If you were convicted of misdemeanors or a Class-D felony or a series of Class-D felonies arising from the same incident, you must wait five years. If you were convicted of a DUI, you must wait 10 years from the date you were charged.
Felony expungement is prohibited for Class C, B, and A felonies and for capital offenses. The general rule is that expungement is limited to one felony per impacted person. There are exceptions to the 1-felony rule, as explained below.
Felonies. In Kentucky, 61 specific felony convictions listed under the felony expungement statute may be expunged. These are Class D non-violent offenses, many of which pertain to drug possession or theft.