Class D Felony Offenses Eligible for Expungement

New Changes to the Law: Effective June 27, 2019, most Class D felony offenses are eligible for expungement pursuant to KRS 431.073.

KRS 431.073(1) lists specific Class D felony charges that are eligible for expungement:

17.175 Unlawful use of DNA database identification system.

186.990 Motor Vehicles, Operators, and Trailers – Theft and Fraud Offenses.

194A.505; 194B.505 - Assistance Program Fraud.

217.181 Theft of a legend drug.

217.207 Theft, criminal possession, trafficking, or unlawful possession of a prescription blank.

217.208 Forgery of a prescription.

218A.140 Prohibited acts relating to controlled substances – Penalties.

218A.1415 Possession of controlled substance in first degree.

218A.1416 Possession of controlled substance in second degree.

218A.1417 Possession of controlled substance in third degree.

218A.1418 Theft of a controlled substance (Repealed in 2013).

218A.1439 Trafficking in or transferring a dietary supplement -- Exceptions -- Penalties.

218A.282 Forgery of a prescription.

218A.284 Criminal possession of a forged prescription.

218A.286 Theft, criminal possession, trafficking, or unlawful possession of a prescription or blank.

218A.320 Criminal possession of a medical record – Penalties.

218A.322 Theft of a medical record – Penalties.

218A.324 Criminal falsification of a medical record – Penalties.

218A.1423 Marijuana Cultivation -- Penalties.

218A.500 Unlawful practices/Drug paraphernalia

244.165 Unlawful sale and shipment by out-of-state seller directly to a Kentucky consumer -- Permissible shipments of wine into Kentucky by out-of-state small farm wineries -- Penalty.

286.11-057 Penalties under KY Financial Services Code.

304.47-025 Felony offense involving dishonesty or breach of trust -- Fraudulent insurance act

324.990 Engaging in real estate brokerage without license – Penalties.

365.241 Counterfeiting intellectual property -- Penalties -- Disposition of property.

434.155 Filing illegal lien.

434.675 Use of scanning device or reencoder to obtain payment card information prohibited.

434.850 Unlawful access to a computer in the second degree.

434.872 Disclosure of information from financial information repository – Penalties.

511.040 Burglary in the third degree.

512.020 Criminal mischief in the first degree.

514.030 Theft by unlawful taking or disposition – Penalties.

514.040 Theft by deception.

514.050 Theft of property lost, mislaid, or delivered by mistake.

514.060 Theft of services.

514.065 Possession use or transfer of device for theft of telecommunications services.

514.070 Theft by failure to make required disposition of property.

514.080 Theft by extortion.

514.090 Theft of labor already rendered.

514.100 Unauthorized use of automobile or other propelled vehicle.

514.110 Receiving stolen property.

514.120 Obscuring identity of machine or other property.

514.140 Theft of mail matter.

514.150 Possession of stolen mail matter.

514.160 Theft of identity.

516.030 Forgery in the second degree.

516.060 Criminal possession of forged instrument in the second degree.

516.090 Possession of forgery device.

516.108 Criminal simulation in the first degree.

517.120 Operating a sham or front company.

518.040 Sports bribery.

522.040 Misuse of confidential information.

524.100 Tampering with physical evidence.

525.113 Institutional vandalism.

526.020 Eavesdropping.

526.030 Installing eavesdropping device.

528.020 Promoting gambling in the first degree.

528.040 Conspiracy to promote gambling.

528.050 Possession of gambling records in the first degree.

530.010 Bigamy – Defense.

530.050 Nonsupport and flagrant nonsupport.

Additionally, effective June 27, 2019, additional class D felonies may be eligible for expungement, including:

Convictions of a Class D felony, or an offense prior to January 1, 1975 which was punishable by not more than five (5) years incarceration, which was not a violation of KRS 189A.010 (driving under the influence), 508.032 (Assault 4th degree), or 519.055 (impersonating a peace officer), abuse of public office, a sex offense, or an offense committed against a child, and did not result in serious bodily injury or death; or of a series of felony offenses eligible under this paragraph.