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Expungement of First Time Possession Charges in Kentucky
One of the most common criminal charges in the State of Kentucky is the possession of a controlled substance (i.e. drugs). A first time possession charge can be either voided or expunged in certain circumstances.
What Counts As A Controlled Substance In Kentucky?
The definition of a controlled substance includes marijuana, methamphetamine, cocaine, anabolic steroids, heroin, and numerous other substances or chemical compounds.
Under KRS 218A.1415 possession of a controlled substance can be considered a Class D Felony depending on the classification of the substance. A conviction for possession of a drugs can result in a prison sentence up to 3 years and a fine between $1,000 and $10,000 dollars. Additionally, a felony conviction can carry detrimental consequences for future employment and the loss of civil rights.
Voiding A First Time Possession Charge In Kentucky
In Kentucky the first conviction of possession of a controlled substance may be voided. Voiding has the same effect as expunging the conviction. KRS 218A.275(8) allows the court to set aside the conviction for a first time offender. Onlyafter the successful completion of treatment, probation, or sentence by the offender.
A voided conviction does not constitute a first offense. Except for purposes of determining whether the conviction may in fact be voided. A person is allowed to void their possession conviction only once. If the court voids the conviction the records regarding the conviction are sealed. The records can not to be released or used against the offender for purposes of employment, credit, or other type of application.
Possession of marijuana may be voided under KRS 218A.275. Or expunged under KRS 431.078 because marijuana possession is considered a Class B Misdemeanor. Specifically, expungement requires a 5 year waiting period from the completion of probation or prison sentence. Whereas voiding can be instituted immediately upon completion of the treatment, probation, or sentence.