Kentucky Motion for New Trial for Purpose of Expunging Criminal Record

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US-02609BG
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Description

Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

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FAQ

State law in Kentucky prohibits possession of a firearm by anyone convicted of a felony after July 15, 1994, and possession of a handgun by anyone convicted of a felony after January 1, 1975. These prohibitions include a person who was convicted of a felony offense as a ?youthful offender? in the state.

KRS 431.073. Information regarding the expungement order shall be retained by the Administrative Office of the Courts and will be accessible for the purpose of preparing an expungement eligibility certificate. The prosecutor is permitted to retain a nonpublic record for law enforcement purposes only.

Ing to the Clean Slate Act, the Kentucky State Police and the Administrative Office of the Courts would identify eligible convictions for expungement. After compiling a list, the Administrative Office of the Courts will inform the original jurisdiction courts of which convictions qualify for sealing.

The law specifically excludes expungement for any violent crimes, sexual offense or for any crimes against children or public corruption.

If you obtain a pardon for your conviction by the Kentucky Governor or President of the United States, your firearm rights may be restored. Under the new expungement laws, those convicted of Class D felonies may be eligible for restoration of firearm rights.

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.

The quick, short answer is no?in most cases. A convicted felon can not legally own a gun in the state of Kentucky, with only three specific exceptions. In fact, possession of a firearm by a convicted felon is itself a felony offense.

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Kentucky Motion for New Trial for Purpose of Expunging Criminal Record