What crimes would be eligible for felony expungement or vacation under the Stivers’ Senate Bill (pt. 3)

Let’s finish up the evaluation of what charges will be eligible for expungement under the Stivers bill by looking at the offenses eligible under the Kentucky Penal Code (KRS 500-532). Brief disclaimer, in all these posts, I’ve just briefly described the offenses listed. If you or anyone you know is charged or has been charged with one of these offenses, be aware that the law is frequently complex and that my descriptions of the offenses don’t necessarily include all the elements or possible defenses. If you’d like to talk more about the offenses, feel free to contact me. That said, here they are:

  • KRS 514.030: Theft by Unlawful Taking (Class D Felony). This was, until recently, the charge for taking over $300 in goods. The current limit is now $500. The bill would also presumably cover Theft of a Firearm, which is in the same chapter.
  • KRS 514.040: Theft by Deception. Similar to above, the cash amount limit has changed over the years, but the offense basically requires deceiving someone to steal something or take money.
  • KRS 514.050: Theft of property lost, mislaid, or delivered by mistake. Similar to above.
  • KRS 514.060: Theft of services. Same as above but for services.
  • KRS 514.065: Possession, use, or transfer of device for theft of telecommunications services. Making a device to steal cellular or other telecommunication services. Only a felony on a second offense. Unlikely anyone has ever been convicted of this.
  • To save with time, the following other theft offenses will be eligible for expungement:
    • KRS 514.070: Theft by failure to make required disposition of property.
    • KRS 514.080: Theft by extortion.
    • KRS 514.090: Theft of labor already rendered.
    • KRS 514.100: Unauthorized use of automobile or other propelled vehicle. (Second offense is a felony).
    • KRS 514.110: Receiving stolen property.
    • KRS 514.120: Obscuring identity of machine or other property.
    • KRS 514.140: Theft of mail matter.
    • KRS 514.150: Possession of stolen mail matter.
    • KRS 514.160: Theft of identity. Not just what you think it is. Frequently comes up when people have bills in other peoples names, etc.
  • KRS 516.030: Forgery in the second degree. Forged checks primarily.
  • KRS 516.060: Criminal possession of forged instrument in the second degree. Possession of forged checks.
  • KRS 516.090: Possession of forgery device. Possessing a check forging or other forging machine.
  • KRS 516.108: Criminal simulation in the first degree.
    • The statute reads: A person is guilty of criminal simulation in the first degree when he or she knowingly manufactures, markets, or distributes any product which is intended to defraud a test designed to detect the presence of alcohol or a controlled substance.
    • I can’t recall ever seeing anyone charged with this. I’m going to do some more research, but I’m not sure what this offense is designed to prevent people from doing.
  • KRS 517.120: Operating a sham or front company. Self explanatory.
  • KRS 518.040: Sports bribery.
  • KRS 522.040: Misuse of confidential information. A crime public officials can be charged with.
  • KRS 525.113: Institutional vandalism.
  • KRS 526.020: Eavesdropping.
  • KRS 526.030: Installing eavesdropping device.
  • KRS 528.020: Promoting gambling in the first degree. Bookmaking.
  • KRS 528.040: Conspiracy to promote gambling.
  • KRS 528.050: Possession of gambling records in the first degree.
  • KRS 530.010: Bigamy. Marrying two people at once.
  • KRS 530.050: Flagrant Nonsupport. Behind on child support more than $1000.
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