If you have a criminal record that you want to seal or expunge, call a Cooley, Iuliano, Robey PLLC expungement lawyer at 859-636-6803. Each of our partners is a member of the National Association of Criminal Defense Lawyers, as well as the Kentucky Bar Association.
Only the most experienced expungement lawyers or criminal defense lawyers will have the insight necessary to guide you through the complicated —but the very important— process of expungement. You have good reason to want expungement. You will be facing fewer obstacles in life after that violation, misdemeanor or Class D felony conviction is removed from your record. Kentucky has recently passed a new law that made more criminal offenses eligible for expungement, so feel free to call us and our Lexington expungement attorneys, to assure you a fair evaluation of the content of your record to determine whether or not it can be expunged, even before you go to court. Our expungement attorneys value your right to a fair expungement hearing.
What is expungement?
Expungement is your right to request or want elimination of a criminal conviction or charge of an offense from your record. Deleting a previous offense from your record, no matter how minor or if you were acquitted, can make you more likely to get employment, to rent, be approved for credit cards or a loan, and avoid other negative consequences. It’s a way of making a new life for yourself and leaving behind a former one. Kentucky makes expungement possible when you petition a judge to eliminate an offense from your criminal record, with the process being relatively fast. Expungement in Kentucky is now easier thanks to a new law that will allow some Class D felonies to no longer show on any law enforcement database. Of course, not all crimes can be expunged (like those involving children, sex crimes, serious offenses, federal charges, or those from other states) and expungement is not a pardon. Another requirement is that you are not currently being accused of another crime and have not been convicted of a crime in the previous five years. You need an experienced criminal defense attorney Lexington or expungement lawyer, especially one that’s familiar with the new Kentucky expungement law, to avoid wasting time and money on a request for an expungement that won’t be accepted.
At CIR Legal, our experienced expungement lawyers know the past doesn’t always represent who a person is today. If you’re in need of an expungement of a record or conviction, our expungement lawyers are here to help you move forward.
Why Should I Get My Record Expunged?
It doesn’t matter if you were never convicted or if the chargers were considered minor. If you have any type of criminal record, employment will be more difficult to come by, any social relationship or association might be harder, it could be more difficult to rent, or even be approved for credit cards and loans.
Don’t let your past record get in the way of making a better future for yourself. Expungement has been used by thousands of people in Kentucky to protect themselves from discrimination based on their record, even if they are minor traffic offenses or a juvenile record. Most importantly, it’s a way to get back control of your life.
Get Your Free Consultation Now
Which Crimes Can Be Expunged From My Kentucky Criminal Record?
Expungement in Kentucky applies mostly to violations, misdemeanors, and now about 70 percent of Class D felonies committed in the state. In the case of juvenile offenders, many of the same crimes are eligible, but with a few differences in process and types of offenses.
You can expunge most violations, misdemeanors and Class D felonies within 60 days if those charges ended in acquittal or were dismissed. But convictions of violation and misdemeanor can be expunged only five years after a person serves their sentence or after probation is completed, and only if there are no pending charges or sentences yet to be served for other crimes. If you have already expunged a felony from your record before, you can not expunge a more recent one either.
Recently, a new law in Kentucky made more Class D felonies eligible for expungement, but there are still exceptions, which are offenses involving children, sex crimes, violent offense, out-of-state offenses, a federal charge. Remember as well that expungement is not a pardon, as a pardon can only be granted by the executive office and is analogous to being forgiven for a crime. You need an expungement lawyer, to avoid wasting resources like time and money on a request of expungement that won’t be accepted after breaking the law.
Misdemeanor Expungement
Most misdemeanors can be expunged, but not all of them. There is a misconception that a person can have their records easily erased when it’s a misdemeanor, but in reality, there are a lot of limitations and considerations when dealing with misdemeanor expungement. For example, no cases committed against children can be expunged, nor any sex offenses. Nor can misdemeanors or violations be expunged if the person is still on probation, or is being prosecuted for another offense.
Nonetheless, when you can get convicted of a violation or misdemeanor, expungement is usually possible in these cases:
- Non-felony DUI.
- Criminal Trespassing
- Shoplifting
- Possession of marijuana
- Disorderly conduct
- Public intoxication
- Others
If you’re looking to expunge your misdemeanor conviction, hire expert expungement lawyers or record expungement lawyers to walk you through the process and complete all the necessary paperwork required. CIR Legal’s expungement lawyers are always here to help ensure you get that second chance you want.
Traffic Violation Expungement
You might think a parking ticket on your record isn’t enough to show a bad side of yourself to future employers, business partners, or lenders, but multiple violations throughout the years might get you in serious trouble. This is especially true of more serious traffic offenses like reckless driving or leaving the scene of an accident on the street, which can lead someone to think the worst of you. Like any other violation or misdemeanor, all traffic violations can be expunged from your record. Some are removed after a period of three years from your driving history record but remain in your general record.
A list of traffic offenses that you can expunge are:
- Multiple parking violations.
- Failure to render aid or assistance.
- Leaving the scene of an accident.
- Driving without a license.
- Reckless driving.
- Not having automobile insurance.
To better determine if the expungement law and an expungement of traffic violation will apply to your specific case and situation, it’s best to get in touch with a local expungement lawyer to discuss all the details needed.
Federal
Since House Bill 40, which reformed the expungement process in Kentucky, and the newer Senate Bill 57, most Class D felony offenses in the statute are now eligible for expungement. A total of 126,000 Kentucky offenders can now have their felony records expunged. If a person successfully files an application to have their record vacated and expunged, then all traces of those charges filed, even the arrest and when you were arrested, are deleted. Not all crimes can be expunged, especially most felonies involving abuse or violence towards children, violence, sex offenses, and serious bodily injury or death. Expungements for felonies are available five years after the completion of the person’s sentence or any penalties five years after completing probation or parole, whichever occurs later.
Some of the felonies that are eligible for expungement:
- Prescription forgery.
- Unlawful taking or theft of property.
- Third-degree burglary.
- Identity theft.
- Counterfeiting intellectual property.
- Failure to pay child support.
- A first conviction for possession of a controlled substance of the first degree.
- Assistance Program Fraud
- Sports bribery
- Assistant in gambling or promoting gambling
- Unlawful shipments from out-of-state
- Many others
If you’re looking to expunge your felony conviction, hire expert felony expungement lawyers or record expungement lawyers to walk you through the process and complete all the necessary paperwork required. CIR Legal’s felony expungement lawyers are always here to help ensure you get that second chance you want.
Juvenile Records Expungement
Expungement is also available for any offenses or violations committed while being a minor, or as part of a juvenile record. The law states a juvenile conviction can be expunged two years after the juvenile court’s jurisdiction is terminated, or before in extraordinary circumstances, like the person turning 18 and needing expungement in order to get into college or enlist in the military. Similar to an adult’s record, most misdemeanors and violations are eligible for expungement, as well as other offenses that were deemed Status Offenses or that came from Mental Health issues, except in violent offenses or sex crimes.
To better determine if the expungement law and an expungement of juvenile records will apply to your specific case and situation, it’s best to get in touch with a local expungement lawyer to discuss all the details needed.
Expunging Criminal Charges That Did Not Lead to a Conviction
The process of expungement is easier for cases in Kentucky that did not result in an indictment or ended in agreements between the accused and authorities, were dismissed or were found not guilty and acquitted. You can ask for an expungement of charges that were dismissed or acquitted just 60 days after the fact. If you went before a grand jury but were not indicted, then you must wait 12 months for you to be eligible for expungement. There are also fewer fees in these cases since there is no need for a non-refundable filing fee of $50. Although, the cost of expungement is still $250, which needs to be paid in full before the process is over. A certificate of expungement is also required, with a cost of $40.
For all of which, an expungement lawyer can help you with. Get touch with a local expungement lawyer in your area within that 60 days or 12 month period after your dismissal so your expungement lawyer can properly prepare to expunge your record.
Am I Eligible to Get an Expungement?
In order to know if you are eligible for an expungement, your first need to make your own simple investigation and make sure the Class D felony, misdemeanor, or violation you were accused or convicted of, is eligible. It can’t be any crime that involved harm to a child in any form, or bodily injury or death to any person or group. Neither can it be a violent offense.
A conviction of a misdemeanor or violation can get expunged five years after you have completed the sentence or probation, and you don’t have any pending charges against you that have been convicted of any other crime recently.
It’s almost the same for Class D felonies, but you can only expunge a felony once from your record. This means that if this is your second attempt to expunge a felony, you’re out of luck and are not eligible.
As we mentioned, if charges did not result in conviction or indictment, you can expunge most charges just 60 days or a year afterward.
How Do I Get My Record Expunged?
You will first ask the Kentucky State Police (KSP) for an expungement certificate that costs $40 (except when there was a charge or case dismissed, the person was acquitted, or there was never an indictment). If the KSP approves your certificate, you have 30 days to apply for a petition for expungement from the Administrative Office of the Courts in Kentucky. You will then start a multiple-step process, including forms, filing fees, and the possibility of a prosecutor objecting to your expungement, which can lead to a trial. If no such objection occurs, the judge will move ahead and decide to approve or not the expungement petition.
If your petition is approved, you need to pay a fee of 250 dollars for the expungement to go through. Only until you pay all fees, will your expungement take effect and authorities and the courts will begin to remove all mentions of your charges, thus improving your image and record for the better.
Get Your Criminal Record Expunged By An Experienced Expungement Lawyer
Only the most experienced expungement lawyers or records expungement lawyers will have the insights necessary to guide you through the complicated —but the very important— process of expungement. You have good reason to want expungement and benefits from our expungement lawyer services as a client. You will be facing fewer obstacles in life after that violation, misdemeanor or Class D felony conviction is removed from your record.
Kentucky has recently passed a new law that made more criminal offenses eligible for expungement, so feel free to contact our Lexington Expungement Attorneys, who will have a chat with you and see you have fair evaluation of your the evidence to determine whether or not it can be expunged, even before you go to state or federal district court. Our attorney – client relationship is the most important one any Lexington KY criminal defense attorneys or expungement attorneys can create and maintain. Don’t think expungement is not one of the defenses our expungement lawyers take seriously. On the contrary, our expungement lawyers have fought and will fight for every one of our clients and their cases. Call our law office at 859-636-6803 or fill out our form for a free consultation with our professionals from any practice area, no matter if it’s pm or am.