What is an expungement?
- An expungement is where the court, law enforcement, and state agencies seal any record of a specific charge.
How is the charge treated, after it is expunged?
- According to KRS 431.076 (5), “After the expungement, the proceedings in the matter shall be deemed never to have occurred. The court and other agencies shall delete or remove the records from their computer systems so that any official state-performed background check will indicate that the records do not exist. 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.”
Can I expunge a dismissed charge?
- You can expunge any charge that has been dismissed with prejudice, 60 days after it was dismissed.
Can I expunge a charge I was found not guilty of?
- Similar to a dismissed charge, a charge you were found not guilty of can be expunged, 60 days after you were found not guilty.
Can I expunge a misdemeanor I have plead guilty to?
- According to KRS431.078 (1), “Any person who has been convicted of a misdemeanor, a violation, or a traffic infraction not otherwise classified as a misdemeanor or violation, or a series of misdemeanors, violations, or traffic infractions arising from a single incident, may petition the court in which he was convicted for expungement of his misdemeanor or violation record…”
When can we file the motion for expungement?
- According to KRS431.078 (2), “Except as provided in KRS 218A.275(8) and 218A.276(8), 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.”
Are there any things that make my misdemeanor or traffic charge ineligible for expungement?
- According to KRS431.078 (4), the following exceptions apply to expungements:
- The offense was not a sex offense or an offense committed against a child;
- The person had no previous felony conviction;
- 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;
- The person had not since the time of the conviction sought to be expunged been convicted of a felony, a misdemeanor, or a violation;
- No proceeding concerning a felony, misdemeanor, or violation is pending or being instituted against him; and
- The offense was an offense against the Commonwealth of Kentucky.
Do violations include traffic tickets?
- According to KRS431.078 (9), “As used in this section, "violation" has the same meaning as in KRS 500.080.”. Iin KRS 500.080 a "violaiton" is defined as “…an offense, other than a traffic infraction, for which a sentence to a fine only can be imposed;”
What does the expungement process involve?
- If your charge has been dismissed with prejudice, I would be able to file a motion 60 days after the dismissal and the court will either expunge the charge based on the motion or the court will schedule a hearing and I will present your case at the hearing.
- If your charge involved a guilty plea, I would verify that you are eligible for expungement and that the 5 year time period has passed. Next, I would request the “certification” from the Kentucky state police, which tells the court that you are eligible for the expungement. The “certification” can take up to 60 days to obtain. I would then file a motion, along with the “certification”, with the correct court. The court will then either expunge the charge based on my motion or the court will schedule a hearing and I will present your case at the hearing.
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