You should file for Expungement of any criminal cases as soon as allowed by law! If your case was dismissed or you were acquitted, you can generally file 60 days after the dismissal. Contact an attorney who has handled hundreds of expungements in Kentucky.
If you successfully completed a diversion program, whether misdemeanor or felony, the case will be dismissed at the conclusion of your program. You can file for expungement of these charges 60 days after the dismissal. The expungement process may take 30-120 days to complete. It is important for a number of reasons: (1) when applying for a job, many employers will run a background check. Even though the case was dismissed, the original charges – together with the complaint and allegations – will all appear online to those checking; (2) the law may change; the law may change regarding whether your charge is eligible for expungement, or the use on potential subsequent charges; (3) nearly ANY new charge will likely disallow expungement.
Generally, a person is eligible for expungement of a conviction for any traffic, misdemeanor and many lower felony five (5) years after the completion of their sentence. For example, if you plead guilty to a traffic offense and pay a $200 fine, you are eligible in 5 years. If you plead guilty to most charges, you will be placed on reporting or non-reporting prob ation (often referred to as CD – conditionally discharged time for misdemeanors) for a period of 1 – 5 years. The 5 year wait for expungement begins after the probation or CD time ends. So if you plead guilty and have 2 years non-reporting probation, you would be eligible for expungement after 7 years from the plea date.
What do you mean? The DUI law, for example, originally allowed for expungement of a charge 5 years after someone was found guilty. At that time, there was a 5 year “look back” period for a subsequent DUI. When the law changed to a 10 year look back period, those that had not had a DUI expunged were then not eligible. Moreover, those that had been subject to a 5 year lookback period for the first DUI were now subject to a 10 year look back period and many were then charged with a 2nd offense.
If you were convicted of a felony, expungement of an offense may also allow you to restore voting and gun rights.
Will the law change again? DUI defense lawyers are uncertain and believe it very likely that the law may again change. Many/most states do not allow for expungement of any DUI charges. This gives an unlimited period to consider a prior DUI if sentencing for subsequent DUI, alcohol related charge, or any other criminal charges. If your prior had been expunged, then this would no longer be a concern.
For consultation and to see if you are eligible for expungement, contact Michael Bouldin by using the contact information, email [email protected] or call Nikki at 859-581-6453.
