What are the possiblities of having a federal criminal offense expunged from one's record?
Full Question:
What are the possiblities of having a federal criminal offense expunged from one's record? The offense in question, would be "Possession of LSD" where the federal conviction was in the state of Kentucky in 6/1999. What is the recourse for alleviating this matter?
11/02/2007 |
Category: Criminal ยป Expungement ... |
State: Kentucky |
#11489
Answer:
The following are Kentucky statutes:
431.076. Expungement of criminal records for those found not guilty of
crimes or for whom charges have been dismissed with prejudice.
(1) A person who has been charged with a criminal
offense and who has been found not guilty of the offense, or
against whom charges have been dismissed with prejudice, and
not in exchange for a guilty plea to another offense, may
make a motion, in the District or Circuit Court in which the
charges were filed, to expunge all records including, but
not limited to, arrest records, fingerprints, photographs,
index references, or other data, whether in documentary or
electronic form, relating to the arrest, charge, or other
matters arising out of the arrest or charge.
(2) The expungement motion shall be filed no sooner than
sixty (60) days following the order of acquittal or
dismissal by the court.
(3) Following the filing of the motion, the court may set a
date for a hearing. If the court does so, it shall notify
the county or Commonwealth's attorney, as appropriate, of an
opportunity for a response to the expungement motion. In
addition, if the criminal charge relates to the abuse or
neglect of a child, the court shall also notify the Office
of General Counsel of the Cabinet for Health and Family
Services of an opportunity for a response to the expungement
motion. The counsel for the Cabinet for Health and Family
Services shall respond to the expungement motion, within
twenty (20) days of receipt of the notice, which period of
time shall not be extended by the court, if the Cabinet for
Health and Family Services has custody of records reflecting
that the person charged with the criminal offense has been
determined by the cabinet or by a court under KRS
Chapter 620 to be a substantiated perpetrator of child abuse
or neglect. If the cabinet fails to respond to the
expungement motion or if the cabinet fails to prevail, the
order of expungement shall extend to the cabinet's records.
If the cabinet prevails, the order of expungement shall not
extend to the cabinet's records.
(4) If the court finds that there are no current charges or
proceedings pending relating to the matter for which the
expungement is sought, the court may grant the motion and
order the sealing of all records in the custody of the court
and any records in the custody of any other agency or
official, including law enforcement records. The court shall
order the sealing on a form provided by the Administrative
Office of the Courts. Every agency, with records relating to
the arrest, charge, or other matters arising out of the
arrest or charge, that is ordered to seal records, shall
certify to the court within sixty (60) days of the entry of
the expungement order, that the required sealing action has
been completed. All orders enforcing the expungement
procedure shall also be sealed.
(5) After the expungement, the proceedings in the matter
shall be deemed never to have occurred. The court and other
agencies shall reply to any inquiry that no record exists on
the matter. The person whose record is expunged shall not
have to disclose the fact of the record or any matter
relating thereto on an application for employment, credit,
or other type of application.
(6) Inspection of the expunged records may thereafter be
permitted by the court only upon a motion by the person who
is the subject of the records and only to those persons
named in the motion.
(7) This section shall be retroactive.
431.078. Expungement of misdemeanor and violation conviction records.
(1) Any person who has been convicted of a misdemeanor or a
violation, or a series of misdemeanors or violations arising
from a single incident, may petition the court in which he
was convicted for expungement of his misdemeanor or violation
record. The person shall be informed of the right at the time
of adjudication.
(2) The petition shall be filed no sooner than five (5) years
after the completion of the person's sentence or five (5)
years after the successful completion of the person's
probation, whichever occurs later.
(3) Upon the filing of a petition, the court shall set a date for
a hearing and shall notify the county attorney; the victim of
the crime, if there was an identified victim; and any other
person whom the person filing the petition has reason to
believe may have relevant information related to the
expungement of the record. Inability to locate the victim
shall not delay the proceedings in the case or preclude the
holding of a hearing or the issuance of an order of
expungement.
(4) The court shall order sealed all records in the custody of
the court and any records in the custody of any other agency
or official, including law enforcement records, if at the
hearing the court finds that:
(a) The offense was not a sex offense or an offense committed
against a child;
(b) The person had no previous felony conviction;
(c) The person had not been convicted of any other misdemeanor
or violation offense in the five (5) years prior to the
conviction sought to be expunged;
(d) The person had not since the time of the conviction sought
to be expunged been convicted of a felony, a misdemeanor,
or a violation;
(e) No proceeding concerning a felony, misdemeanor, or
violation is pending or being instituted against him; and
(f) The offense was an offense against the Commonwealth of
Kentucky.
(5) Upon the entry of an order to seal the records, and payment
to the circuit clerk of twenty-five dollars ($25), the
proceedings in the case shall be deemed never to have
occurred; all index references shall be deleted; the persons
and the court may properly reply that no record exists with
respect to the persons upon any inquiry in the matter; and
the person whose record is expunged shall not have to
disclose the fact of the record or any matter relating
thereto on an application for employment, credit, or other
type of application. The fee collected pursuant to this
subsection shall be deposited into a trust and agency account
for deputy clerks.
(6) Copies of the order shall be sent to each agency or official
named therein.
(7) Inspection of the records included in the order may
thereafter be permitted by the court only upon petition by
the person who is the subject of the records and only to
those persons named in the petition.
(8) This section shall be deemed to be retroactive, and any
person who has been convicted of a misdemeanor prior to July
14, 1992, may petition the court in which he was convicted,
or if he was convicted prior to the inception of the District
Court to the District Court in the county where he now
resides, for expungement of the record of one (1) misdemeanor
offense or violation or a series of misdemeanor offenses or
violations arising from a single incident, provided that the
offense was not one specified in subsection (4) and that the
offense was not the precursor offense of a felony offense for
which he was subsequently convicted. This section shall apply
only to offenses against the Commonwealth of Kentucky.
218A.1415. Possession of controlled substance in first degree —
Penalties.
(1) A person is guilty of possession of a controlled substance in the
first degree when he knowingly and unlawfully possesses: a controlled
substance that contains any quantity of methamphetamine, including
its salts, isomers, and salts of isomers or, that is classified in
Schedules I or II which is a narcotic drug; a controlled substance
analogue; lysergic acid diethylamide; phencyclidine; gamma
hydroxybutyric acid (GHB), including its salts, isomers, salts of
isomers, and analogues; or flunitrazepam, including its salts,
isomers, and salts of isomers.
(2) Possession of a controlled substance in the first degree is:
(a) For a first offense a Class D felony.
(b) For a second or subsequent offense a Class C felony.
218A.1416. Possession of controlled substance in second degree —
Penalties.
(1) A person is guilty of possession of a controlled substance in the
second degree when he knowingly and unlawfully possesses: a controlled
substance classified in Schedules I or II which is not a narcotic drug;
or specified in KRS 218A.1415; or, a controlled substance classified in
Schedule III; but not lysergic acid diethylamide, phencyclidine, or
marijuana.
(2) Possession of a controlled substance in the second degree is:
(a) For a first offense a Class A misdemeanor.
(b) For a second or subsequent offense a Class D felony.
218A.1417. Possession of controlled substance in third degree — Penalties.
(1) A person is guilty of possession of a controlled substance
in the third degree when he knowingly and unlawfully
possesses a controlled substance classified in Schedules IV
or V.
(2) Possession of a controlled substance in the third degree
is:
(a) For a first offense a Class A misdemeanor.
(b) For a second or subsequent offense a Class D felony.
218A.030. Controlled substances — How scheduled.
The controlled substances listed or to be listed in the
schedules provided for in this chapter are included by whatever
official, common, usual, chemical, or trade name designated.
218A.040. Criteria for classification under Schedule I.
The Cabinet for Health and Family Services shall place a
substance in Schedule I if it finds that the substance:
(1) Has high potential for abuse; and
(2) Has no accepted medical use in treatment in the United
States or lacks accepted safety for use in treatment under
medical supervision.
218A.050. Schedule I controlled substances.
Unless otherwise rescheduled by regulation of the Cabinet
for Health and Family Services, the controlled substances
listed in this section are included in Schedule I:
(1) Any material, compound, mixture, or preparation which
contains any quantity of the following opiates, including
their isomers, esters, ethers, salts, and salts of isomers,
esters, and ethers, unless specifically excepted, whenever
the existence of these isomers, esters, ethers, or salts is
possible within the specific chemical designation:
Acetylmethadol; Allylprodine; Alphacetylmethadol;
Alphameprodine; Alphamethadol; Benzethidine;
Betacetylmethadol; Betameprodine; Betamethadol; Betaprodine;
Clonitazene; Dextromoramide; Dextrorphan; Diampromide;
Diethylthiambutene; Dimenoxadol; Dimepheptanol;
Dimethylthiambutene; Dioxaphetyl butyrate; Dipipanone;
Ethylmethylthiambutene; Etonitazene; Etoxeridine;
Furethidine; Hydroxypethidine; Ketobemidone; Levomoramide;
Levophenacylmorphan; Morpheridine; Noracymethadol;
Norlevorphanol; Normethadone; Norpipanone; Phenadoxone;
Phenampromide; Phenomorphan; Phenoperidine; Piritramide;
Proheptazine; Properidine; Propiram; Racemoramide;
Trimeperidine.
(2) Any material, compound, mixture, or preparation which
contains any quantity of the following opium derivatives,
including their salts, isomers, and salts of isomers, unless
specifically excepted, whenever the existence of these salts,
isomers, or salts of isomers is possible within the specific
chemical designation: Acetorphine; Acetyldihydrocodeine;
Benzylmorphine; Codeine methylbromide; Codeine-N-Oxide;
Cyprenorphine; Desomorphine; Dihydromorphine; Etorphine;
Heroin; Hydromorphinol; Methyldesorphine;
Methyldihydromorphine; Morphine methylbromide; Morphine
methylsulfonate; Morphine-N-Oxide; Myrophine; Nicocodeine;
Nicomorphine; Normorphine; Pholcodine; Thebacon.
(3) Any material, compound, mixture, or preparation which
contains any quantity of the following hallucinogenic
substances, their salts, isomers, or salts of isomers, unless
specifically excepted, whenever the existence of these salts,
isomers, and salts of isomers is possible within the specific
chemical designation: 3, 4-methylenedioxyamphetamine;
5-methoxy-3, 4-methylenedioxy amphetamine; 3, 4,
5-trimethoxyamphetamine; Bufotenine; Diethyltryptamine;
Dimethyltryptamine; 4-methyl-2, 5-dimethoxyamphetamine;
Ibogaine; Lysergic acid diethylamide; Marijuana; Mescaline;
Peyote; N-ethyl-3-piperidyl benzilate; N-methyl-3-piperidyl
benzilate; Psilocybin; Psilocyn; Tetrahydrocannabinols;
Hashish; Phencyclidine, 2 Methylamino-l-phenylpropan-1-one
(including, but not limited to, Methcathinone, Cat, and
Ephedrone).
(4) Any material, compound, mixture, or preparation which
contains any quantity of the following substance having a
depressant effect on the central nervous system, including
its salts, isomers, and salts of isomers, unless specifically
excepted, whenever the existence of these salts, isomers, or
salts of isomers is possible within the specific chemical
designation: gamma hydroxybutyric acid.
218A.060. Criteria for classification under Schedule II.
The Cabinet for Health and Family Services shall place a
substance in Schedule II if it finds that:
(1) The substance has high potential for abuse;
(2) The substance has currently accepted medical use in
treatment in the United States, or currently accepted medical
use with severe restrictions; and
(3) The abuse of the substance may lead to severe psychic
or physical dependence.
218A.070. Schedule II controlled substances.
Unless otherwise rescheduled by regulation of the Cabinet
for Health and Family Services, the controlled substances
listed in this section are included in Schedule II:
(1) Any material, compound, mixture, or preparation which
contains any quantity of the following substances, except
those narcotic drugs listed in other schedules, whether
produced directly or indirectly by extraction from substances
of vegetable origin, or independently by means of chemical
synthesis, or by combination of extraction and chemical
synthesis:
(a) Opium and opiate, and any salt, compound, derivative,
or preparation of opium or opiate;
(b) Any salt, compound, isomer, derivative, or preparation
thereof which is chemically equivalent or identical with any
of the substances referred to in paragraph (a), but not
including the isoquinoline alkaloids of opium;
(c) Opium poppy and poppy straw;
(d) Coca leaves and any salt, compound, derivative, or
preparation of coca leaves, including cocaine and ecgonine
and their salts, isomers, derivatives and salts of isomers
and derivatives, and any salt, compound, isomer, derivative,
or preparation thereof which is chemically equivalent or
identical with any of these substances, but not including
decocainized coca leaves or extractions of coca leaves which
do not contain cocaine or ecgonine.
(2) Any material, compound, mixture, or preparation which
contains any quantity of the following opiates, including
their isomers, esters, ethers, salts, and salts of isomers,
whenever the existence of these isomers, esters, ethers, and
salts is possible within the specific chemical designation:
Alphaprodine; Anileridine; Bezitramide; Dihydrocodeine;
Diphenoxylate; Fentanyl; Isomethadone; Levomethorphan;
Levorphanol; Metazocine; Methadone; Methadone-Intermediate;
4-cyano-2-dimethylamino-4; 4-diphenyl butane;
MoramideIntermediate; 2-methyl-3-morpholino-1;
1-diphenyl-propanecarboxylic acid; Pethidine;
Pethidine-Intermediate-A,
4-cyano-1-methyl-4-phenylpiperidine,
Pethidine-Intermediate-B,
ethyl-4-phenylpiperidine-4-carboxylate;
Pethidine-Intermediate-C,
1-methyl-4-phenylpiperidine-4-carboxylic acid; Phenazocine;
Piminodine; Racemethorphan; Racemorphan.
(3) Any material, compound, mixture, or preparation which
contains any quantity of the following substances having a
potential for abuse associated with a stimulant effect on the
central nervous system:
(a) Amphetamine, its salts, optical isomers, and salts of
its optical isomers;
(b) Phenmetrazine and its salts;
(c) Methylphenidate.
218A.080. Criteria for classification under Schedule III.
The Cabinet for Health and Family Services shall place a
substance in Schedule III if it finds that:
(1) The substance has a potential for abuse less than the
substances listed in Schedules I and II;
(2) The substance has currently accepted medical use in
treatment in the United States; and
(3) Abuse of the substance may lead to moderate or low
physical dependence or high psychological dependence.
218A.090. Schedule III controlled substances.
Unless otherwise rescheduled by regulation of the Cabinet
for Health and Family Services, the controlled substances
listed in this section are included in Schedule III:
(1) Unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity
of the following substances having a potential for abuse
associated with a depressant effect on the central nervous
system: Any substance which contains any quantity of a
derivative of barbituric acid, or any salt of a derivative of
barbituric acid; chlorhexadol; glutethimide; lysergic acid;
lysergic acid amide; methyprylon; sulfondiethylmethane;
sulfonethylmethane; sulfonmethane.
(2) Nalorphine.
(3) Pentazocine (parenteral or injectable form only).
(4) Any material, compound, mixture, or preparation
containing limited quantities of any of the following
narcotic drugs, or any salts thereof:
(a) Not more than one and four-fifths (1.8) grams of
codeine, or any of its salts, per one hundred (100)
milliliters or not more than ninety (90) milligrams per
dosage unit, with an equal or greater quantity of an
isoquinoline alkaloid of opium;
(b) Not more than one and four-fifths (1.8) grams of
codeine, or any of its salts, per one hundred (100)
milliliters or not more than ninety (90) milligrams per
dosage unit, with one (1) or more active nonnarcotic
ingredients in recognized therapeutic amounts;
(c) Not more than three hundred (300) milligrams of
dihydrocodeinone, or any of its salts, per one hundred (100)
milliliters or not more than fifteen (15) milligrams per
dosage unit, with a fourfold or greater quantity of an
isoquinoline alkaloid of opium;
(d) Not more than three hundred (300) milligrams of
dihydrocodeinone, or any of its salts, per one hundred (100)
milliliters or not more than fifteen (15) milligrams per
dosage unit, with one (1) or more active, nonnarcotic
ingredients in recognized therapeutic amounts;
(e) Not more than one and four-fifths (1.8) grams of
dihydrocodeine, or any of its salts, per one hundred (100)
milliliters or not more than ninety (90) milligrams per
dosage unit, with one (1) or more active, nonnarcotic
ingredients in recognized therapeutic amounts;
(f) Not more than three hundred (300) milligrams of
ethylmorphine, or any of its salts per one hundred (100)
milliliters or not more than fifteen (15) milligrams per
dosage unit, with one (1) or more ingredients in recognized
therapeutic amounts;
(g) Not more than five hundred (500) milligrams of opium
per one hundred (100) milliliters or per one hundred (100)
grams, or not more than twenty-five (25) milligrams per
dosage unit, with one (1) or more active, nonnarcotic
ingredients in recognized therapeutic amounts;
(h) Not more than fifty (50) milligrams of morphine, or any
of its salts, per one hundred (100) milliliters or per one
hundred (100) grams with one (1) or more active, nonnarcotic
ingredients in recognized therapeutic amounts.
(i) The Cabinet for Health and Family Services may except
by regulation any compound, mixture, or preparation
containing any stimulant or depressant substance listed in
subsection (1) from the application of all or any part of
this chapter if the compound, mixture, or preparation
contains one (1) or more active medicinal ingredients not
having a stimulant or depressant effect on the central
nervous system, and if the admixtures are included therein in
combinations, quantity, proportion, or concentration that
vitiate the potential for abuse of the substances which have
a stimulant or depressant effect on the central nervous
system.
(5) Any material, compound, mixture, or preparation
containing any quantity of any of the following anabolic
steroid substances, or any isomer, ester, salt, or derivative
thereof:
(a) Boldenone;
(b) Clostebol;
(c) Dehydrochlormethyltestosterone;
(d) Drostanolone;
(e) Ethylestrenol;
(f) Fluoxymesterone;
(g) Formebulone;
(h) Mesterolone;
(i) Methandienone;
(j) Methandriol;
(k) Methenolone;
(l) Methyltestosterone;
(m) Mibolerone;
(n) Nandrolone;
(o) Norethandrolone;
(p) Oxandrolone;
(q) Oxymesterone;
(r) Oxymetholone;
(s) Stanolone;
(t) Stanozolol;
(u) Testolactone;
(v) Testosterone; and
(w) Trenbolone.
(6) This section shall not apply to any material, compound,
mixture, or preparation containing any quantity of an
anabolic steroid substance, or any isomer, ester, salt, or
derivative thereof that is expressly intended for
administration through implant to livestock or other nonhuman
species, and that is approved by the United States Food and
Drug Administration for such use.
218A.100. Criteria for classification under Schedule IV.
The Cabinet for Health and Family Services shall place a
substance in Schedule IV if it finds that:
(1) The substance has a low potential for abuse relative to
substances in Schedule III;
(2) The substance has currently accepted medical use in
treatment in the United States; and
(3) Abuse of the substance may lead to limited physical
dependence or psychological dependence relative to the
substances in Schedule III.
218A.110. Schedule IV controlled substances.
Unless otherwise rescheduled by regulation of the Cabinet
for Health and Family Services, the controlled substances
listed in this section are included in Schedule IV:
(1) Any material, compound, mixture, or preparation which
contains any quantity of the following substances having a
potential for abuse associated with a depressant effect on
the central nervous system: chloral betaine; chloral hydrate;
ethchlorvynol; ethinamate; meprobamate; paraldehyde;
petrichloral.
(2) The Cabinet for Health and Family Services may except
by regulation any compound, mixture, or preparation
containing any depressant substance listed in subsection (1)
from the application of all or any part of this chapter if
the compound, mixture, or preparation contains one (1) or
more active medicinal ingredients not having a depressant
effect on the central nervous system, and if the admixtures
are included therein in combinations, quantity, proportion,
or concentration that vitiate the potential for abuse of the
substances which have a depressant effect on the central
nervous system.
218A.120. Criteria for classification under Schedule V.
The Cabinet for Health and Family Services shall place a
substance in Schedule V if it finds that:
(1) The substance has low potential for abuse relative to
the controlled substances listed in Schedule IV;
(2) The substance has currently accepted medical use in
treatment in the United States; and
(3) The substance has limited physical dependence or
psychological dependence liability relative to the controlled
substances listed in Schedule IV.
218A.130. Schedule V controlled substances.
Unless otherwise rescheduled by regulation of the Cabinet
for Health and Family Services the controlled substances
listed in this section are included in Schedule V:
Any compound, mixture, or preparation containing limited
quantities of any of the following narcotic drugs, which also
contains one (1) or more nonnarcotic active medicinal
ingredients in sufficient proportion to confer upon the
compound, mixture, or preparation, valuable medicinal
qualities other than those possessed by the narcotic drug
alone: Not more than two hundred (200) milligrams of codeine,
or any of its salts, per one hundred (100) milliliters or per
one hundred (100) grams.