Childress v. Commonwealth, COA, 1/24/14, to be published
The
trial court erred by relying on the old 2011 version of KRS
218A.275(8). Under the old version only misdemeanors could be set aside.
But under the 2012 version
of KRS 218A.275(8) effective July 12, 2012, first-time convictions for
possession of controlled substances—including felony convictions--may set aside and voided upon satisfactory completion of treatment, probation, or other sentence. The case was remanded
for further proceedings.
Contributed by Susan Balliet
