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Can I Get An Expungement?

In Northern Kentucky many people have questions regarding expungement rights and procedures. The court allows for expungement of certain criminal convictions as well as dismissals and all acquittals. The law differs from each state, for example certain felonies are expungeable in Ohio.

Basic rules to expunge a criminal charge in Kentucky (statute):
1. Case must be dismissed with prejudice or acquitted > 60 days before filing,
2. For convictions, must wait 5 years after completion of any plea or probation period.
3.  Cannot have any subsequent convictions or pending charges.
4. Cannot have any convictions for 5 years prior to charge seeking expungement;
5. Must order criminal background check and pay fees. Background check can be ordered for $40 at link.  Fees to court are $100 for convictions and free for acquittals/dismissals.

An attorney's assistance is not required but generally makes the case go more smoothly and should help to assure complete removal of your case from all records: court, prosecutor, charging agency, jail, etc. If you have two convictions within a 5 year period, each will preclude expungement of the other.  The first is precluded because of the requirement that there be no convictions since the charges sought to be expunged.  The second is precluded because you cannot have any convictions within 5 years prior to the charge sought to be expunged. The prosecutor will have an opportunity to be heard if an expungement is filed. The prosecutor will oppose certain crimes (most assaults and DUI) and the statutes prevent expungement of other crimes (sexual offenses). If the expungement is for a conviction, the clerk charges court fees for each charge expunged once the Order is signed and before it will be Entered. The Courts do require copy of the defendant's criminal background check to be attached to the motion for expungement. If you have additional or more specific questions, you should contact an attorney to discuss. You may contact Mike Bouldin in Northern Kentucky at 859-581-6453 or mwbouldin@fuse.net.

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