What crimes would be eligible for felony expungement or vacation under the Stivers’ Senate Bill (pt. 2)

Continuing from the previous post, if the Stivers bill passes, these felonies would be eligible for expungement ten years after completing the sentence (including probation and parole):

  • KRS 218A.1416: Possession of a Controlled Substance, Second Degree: This is currently a misdemeanor, but for many years, a second offense could be enhanced to a felony. Ultimately, anyone should consider voiding a conviction for PCS instead (we will talk about this procedure in a future post).
  • KRS 218A.1417:  Possession of a Controlled Substance, Third Degree: same situation as above.
  • KRS 218A.1418: An older version of the “Theft of a Controlled Substance”statute.
  • KRS 218A.1439: Trafficking in or transferring a dietary supplement, second offense: mainly used to prosecutor people selling ephedrine related substances. I would be shocked if there were more than a handful of felony convictions for this.
  • KRS 218A.282: Forgery of a prescription: self explanatory.
  • KRS 218A.284: Criminal possession of a forged prescription.
  • KRS 218A.286: Theft, criminal possession, trafficking, or unlawful possession of a prescription or blank.
  • KRS 218A.320: Criminal possession of a medical record; penalties. It is what it says. Using a medical record not your own to try to get controlled substances.
  • KRS 218A.322: Theft of a medical record; penalties. Same as above.
  • KRS 218A.324: Criminal falsification of a medical record; penalties. Same.
  • KRS 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. A law that almost certainly no one was ever prosecuted under. Was declared unconstitutional in 2008.
  • KRS 286.11-057: Making a False Statement in a number of Financial disclosures.
  • KRS 304.47-025: Felony offense involving dishonesty or breach of trust; fraudulent insurance act; penalties. Various insurance fraud crimes by insurers.
  • KRS 324.990: Engaging in real estate brokerage without license; penalties. Expungement for all of those people who have twice been convicted of selling real estate without a license.
  • KRS 365.241: Counterfeiting intellectual property; penalties; disposition of property. Somewhat more common. Selling fake sunglasses, purses, etc. worth over $1000.
  • KRS 434.155: Filing illegal lien. More financial crimes.
  • KRS 434.675: Use of scanning device or reencoder to obtain payment card information prohibited. Skimming credit cards to duplicate them.
  • KRS 434.850: Unlawful access to a computer in the second degree. Computer hacking that causes over $300 in damages. I’ve seen it used when employees hacked cash registers.
  • KRS 434.872: Disclosure of information from financial information repository; penalties. This covers social engineering scams at banks where scammers try to get the banks to disclose information on account holders.

Tomorrow I’ll cover the crimes that will be expungeable under the Stivers bill that are a little more common. The rest come from the Kentucky Penal Code and are more of what we think of when we think of traditional criminal law cases. So far, it’s kind of underwhelming, but a lot of the expungeable felonies will be discussed tomorrow. No matter what, this bill is better than our current situation.

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