Expunging a criminal record can be a complicated process, but it is also a life-changing experience and worth it for many people who have made mistakes in their past and are trying to move forward with their lives.
Expungement means that a person’s criminal record is erased from public view. Employers, landlords, or others who perform background checks will no longer be able to see a criminal record once it is expunged. Obviously, this greatly improves someone’s chances of finding employment, housing, or other opportunities that were previously unavailable due to their criminal record.
Hesterberg Law Firm has proven experience handling expungement matters and can help guide you through the process. After reading this article, call or text to schedule an appointment to discuss expunging your record: (606) 731-6857.
Am I eligible for an expungement?
Eligibility for expungements are based on a variety of factors, including the type of offense, the length of time since the offense was committed, and the individual’s criminal history.
To be eligible for expungement in Kentucky, an individual must have completed their sentence (including probation, if applicable) and paid all fines, fees, and restitution associated with the conviction. When all these items are complete, a five-year waiting period ensues before the case is eligible to be expunged. This waiting period does not apply if the case was dismissed or diverted. Even if charges were dismissed or diverted, they can still show up on a criminal record but are eligible for expungement very soon after the case ends.
Class A and Class B felonies are not eligible for expungement. Certain Class D felonies, such as drug possession, are automatically expungable, meaning the court must grant the application for expungement, assuming it was filed properly.
Other Class D felonies and certain Class C felonies, such as drug trafficking, are not automatically expungable. Whether to grant expungement orders for these felonies lies within the discretion of the judge, who will usually want to know how the conviction has affected the person’s life, what they learned from their sentence, and how an expungement would help them. This often requires a hearing, so it’s a good idea to hire an attorney to advocate on your behalf in the courtroom.
You are only allowed to expunge one felony unless the felonies arose out of the same incident or are part of the same case. You must also have not been convicted of any felonies or misdemeanors in the past five years.
Misdemeanor convictions are easier than felonies to expunge. There is no limit to how many misdemeanors can be expunged from a criminal record. To be eligible to expunge a misdemeanor in Kentucky, the applicant must have no pending criminal charges, no misdemeanors or felonies in the past five years, and have no convictions for sex offenses or offenses against a child.
Even though most DUIs are misdemeanors, they require a 10-year waiting period before becoming eligible for expungement. DUI Fourth Offense, which is a felony, is not expungable.
Hesterberg Law Firm can help you quickly determine if you are eligible for expungement and begin the process to clean your record.
How do I apply for an expungement?
There are several steps to follow to apply for an expungement in Kentucky. This can be a time-consuming and confusing process, but Hesterberg Law Firm can handle most of the work for you.
- Gather all necessary information and documents, including date of the arrest (and indictment, if applicable), the case number, and any relevant court documents.
- File for a Certificate of Eligibility with Kentucky State Police. This can be done online or by mail, and there is a $40 fee for obtaining the record. Once received, you should review your record carefully to ensure all of the information is accurate before submitting the expungement petition.
- Prepare a petition for expungement. The petition must be filed in the circuit court of the county where the offense was committed. The petition must also be signed and notarized. Make sure to list all the agencies who might have copies of your criminal records.
- Once the petition is filed, the court will schedule a hearing to consider your request for expungement. At the hearing, the court will consider evidence from both you and the Commonwealth’s Attorney, who will represent the interests of the state. The court will then grant or deny the expungement request. If the court grants the request, an order will be entered for the criminal record to be expunged. There is another fee that must be paid to complete the expungement.
Conclusion
Expunging a criminal record in Kentucky can be a valuable opportunity for people who deserve a clean slate. By understanding who is eligible to expunge a criminal record and how the process works, individuals can take steps to improve their chances of success and regain their footing in society. It is always recommended to consult with a qualified attorney when seeking to expunge a criminal record, as the process can be daunting. Hesterberg Law Firm can walk you through every step of the way, from the application to the courtroom. Call or text to schedule an appointment: (606) 731-6857.