Expungement
Don’t Let Your
Past
Mistakes Jeopardize
Your
Future Success.
Navigating the expungement process can be difficult.
There are a number of nuances to expungement laws in the State of Kentucky & the law has undergone significant changes in recent years.
You need an experienced attorney who knows the landscape of the expungement laws, who is knowledgeable of the changes & if hired initially to represent you in those charges, handle your case so that expungement is easily achieved.
A Fresh Start!
Expungement is the process of clearing your record of criminal charges,whether you plead
guilty to the charges or they were dismissed.
With the assistance of an expungement
attorney, your criminal record can shrink significantly, possibly disappear altogether!
What charges are eligible for expungement?
Misdemeanor Offenses
An individual may apply to expunge an unlimited number of misdemeanor charges.
The waiting period for misdemeanor expungement is 5-years from the date of your conviction or end of probation - whichever is later.
DUI's are the exception to that rule and are not eligible for expungement until 10 years after the date of your conviction or end of probation period - whichever is later.
There are certain criteria an applicant must meet in order to be eligible for expungement of any given charge:
You cannot have any pending charges against you
You cannot have any convictions within 5 years of filing for an expungement
Even if the charge you seek to expunge is 15 years old, if you have a conviction within 5 years of applying to expunge that older offense, you may not be eligible to do so.
Felony Expungement
In recent years, the Kentucky legislature enacted the Felony Expungement Law. As of June 27, 2019, most Class D felony offenses (with limited exceptions) are eligible for expungement. The criteria for felony expungement is nearly the same as misdemeanor expungement.
The waiting period for certain Class D felonies is 5 years from the date of conviction, the end of your sentence or probationary period, whichever is later.
The following common Class-D felonies are eligible for expungement:
Possession of controlled substance in (1st, 2nd, 3rd Degree)
Cultivating Marijuana
Burglary in the third degree.
Criminal mischief in the first degree.
Theft by unlawful taking or disposition
Receiving stolen property.
Theft of identity.
Forgery in the second degree.
Criminal possession of a forged instrument in the second degree.
Tampering with physical evidence.
Nonsupport and flagrant nonsupport.
Click HERE for a list of all Class D felonies eligible for expungement.
Your charge may not be eligible for expungement – but that doesn’t mean you’re completely out of luck. There may be another provision in the law that would permit expungement of that charge. Hiring an experienced expungement attorney with knowledge of the expungement laws is crucial to cleaning your criminal record.
Helping Kentuckians Get Back to Work
If you’re looking for a new job, your potential employer may choose to run a background check. If so, they may not choose to hire an applicant with a criminal history.
Let Spalding Law assist you in cleaning your record and helping you land that dream job.
It’s As If It Never Happened
The language in the Kentucky expungement laws states that, if a petition for expungement is granted, the records are wiped clean & the events are deemed never to have happened!
This means that after expungement of your record, if you’re asked on an employment application whether you’ve been convicted of a criminal offense, you can respond, “no”!
It is wise, however, to still consult with an attorney if you have questions about this process and how to approach employment applications before or after expungement.
If you’re uncertain as to whether certain charges on your record are eligible for expungement, call Spalding Law and allow us to review your record.
Let Spalding Law Clean Your Record!
To discuss expunging your criminal record…