Right now, the only felony conviction potentially eligible for an expungement in Kentucky (well, it’s really a different process called voiding, but it’s really no difference) is Possession of a Controlled Substance, First Degree (what lawyers call PCS 1). PCS 1 is a Class D felony that carries one to three years in prison (though it is also eligible for deferred prosecution–more on that in another post). PCS 1 is the possession of the most serious drugs–schedule 1 and 2 narcotics, LSD, meth, and a few date rape drugs. It comes up most commonly in cases of possession of heroin, meth, LSD, cocaine, or oxycodone.

KRS 218A.275 gives us the particulars of how that process works. Any conviction for PCS 1 can be voided after completion of the sentence, whether it be probation, treatment, or prison. Prior versions of the law left more discretion in the judge’s hands. The current version appears to be more mandatory.

While the draft version of Kentucky felony expungement is not nearly as lenient as the voiding provision for drug possession (it will require a five year waiting period), it is definitely a step in the right direction. Under the current law, a Kentuckian convicted of being $1000 behind in child support, or for receiving $100 more in unemployment benefits than they should have, is unable to ever remove the felony stigma from their life. That has to change.

Tomorrow we will look at the draft bill that has been prefiled for the January 2016 legislative session.

A felony conviction, even for a non-violent, minor offense, can be an economic life sentence. The last two Presidents of the United States have admitted to using cocaine–a felony offense in Kentucky. But where they weren’t caught, weren’t prosecuted, there are thousands of Kentuckians who have difficulty getting anything other than low-level temp work because of a conviction for something our commanders-in-chiefs have admitted to. It’s time for Kentucky to get smart on crime. It’s time to forgive low-level, non-violent felons who have proven they’ve changed. It’s time for our legislature to pass Class D Felony Expungement in Kentucky.

I have started this blog in an effort to cover the 2016 January legislative session in Kentucky. After years of failing to pass a bill to give felons back even their voting rights, let alone a chance at expungement, it appears that there is a solid chance of the legislature doing the right thing. Over the next few weeks, and until a comprehensive Class D Felony Expungement bill is passed, this blog will breakdown the specifics of how expungement works in Kentucky now and how hopefully Class D Felony expungement will work in the near future. Whether you have been convicted of possession in Paducah, or welfare fraud in Winchester, if your debt to society has been paid, you deserve the same chance at work as anyone else. This site is here to advocate for you.