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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 23530
Experience:  Active member of the NYS bar since 1989
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Is there a way to restore my rights after a 20+ year old

Customer Question

Is there a way to restore my rights after a 20+ year old soft felony (incorrect info on loan application) in KY? No issues before or since. Completed all probation and restitution requests. Now live in FL, have obtained FL Real Estate license, volunteer for civic and youth organizations which often becomes awkward when dealing with volunteer applications. What methods, if any, are available to expunge or eliminate the felony charges?
Submitted: 10 months ago.
Category: Legal
Expert:  Zoey, JD replied 10 months ago.

Hello,

Unfortunately, the state of Kentucky does not expunge felony convictions. They will expunge dismissals and acquittals. The only other possible way to eliminate your conviction would be to retain a lawyer and have him reopen your case by petitioning the court to dismiss your felony in the interest of justice.

This is a long-shot and not one that some judges are willing even to entertain without an especially compelling reason. But judges do have the power to dismiss a case under their powers of equity, even when the law doesn't specifically support it. They will do so to prevent an injustice. So you'd have to confer with a local lawyer and see if the two of you can brainstorm a compelling reason for the judge to want to ignore the fact that you were found guilty of a felony. Once the matter is dismissed, your record is much improved but you may also be eligible to seal the dismissal under your state's expungement law.

As far as the restoration of your Kentucky rights, unfortunately, the only way to get your rights back would be via a pardon from your governor. The governor can restore some or all of your civil rights. If your gun rights are important to you, you'd need a full pardon that expressly grants you back your gun rights before you get them.

I am attaching the pardon application. It is free to apply and you do not need a lawyer for it.

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