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Can I Expunge a DUI?

I am often asked if a DUI is eligible for expungement.  Essentially, yes, with a number of qualifiers.  A DUI, or any other traffic or criminal charge, is always expungable if you are acquitted of the charge.  The time for filing expungement of an acquittal is only 60 days after the case is complete.

If you were convicted of the charge, however only after the requisite time has expired.  Under the current Kentucky DUI law, a second conviction may be enhanced if it occurs within 10 years of a prior conviction.  As such, a DUI is not eligible for expungement until 10 years have elapsed from a prior DUI.  

It is important to note, this is the current law.  It is possible that the legislature could modify the look back period in the future which could extend the length of a DUI enhancement, even possibly making it a lifetime event.  *Note, other states such as Ohio and Illinois have lifetime review of prior DUI convictions.

Most other charges are eligible for expungement 5 years after the termination of any sentence.  For example, if you had a 2 year probation, diversion or conditionally discharged sentence, then the 5 years begins after the 2 year period ends, totaling 7 years before you can file for expungement.

The most important thing to note about expungement is IT IS NOT AUTOMATIC.  Expungement requires that the defendant make a filing.  If you believe you are eligible, you can order a copy of your criminal background check by clicking this link: Expungement Certification Process.

Many defendants choose to hire an attorney to assist with this process. The relative ease of mind as well as the benefits of having a clean record generally justify the cost to use a lawyer.  For representation or consultation, contact Michael Bouldin at 859-581-6453 or email to [email protected]

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