Criminal Record Expungement In Kentucky
If you are in Kentucky and have a criminal record, you should know that it could be eligible for expungement. If you were arrested and charged but not convicted, you might be able to have your criminal record expunged as long as your case meets specific requirements. You may also be able to have your criminal record expunged if you were convicted of a crime as long as your case meets particular requirements. An attorney can help you when it comes to expunging your criminal record.
What Is an Expungement?
Most people have heard of criminal record expungement but only a few understand what this really means. In simple words, an expungement is a legal process that removes arrests, charges, and/or convictions from an individual’s criminal record entirely and makes it appear as though the arrests, charges, and/or convictions never occurred. Usually, in the state of Kentucky, when a person is charged with a criminal or traffic offense, the charges appear and remain on the person’s criminal record history. Even if a criminal charge is immediately dismissed or minor, it will still appear and stay on a person’s criminal history. Expungement involves making these charges disappear from an individual’s criminal history.
What Is the Purpose of Expungement?
Often, people seek to have their criminal records expunged to obtain employment. Employers do background checks when hiring, and most are not comfortable hiring people with a criminal record. If your criminal record gets expunged in Kentucky, it becomes hidden and will not appear when a person requests your criminal record report.
Expunging Adult Criminal Records in Kentucky
In Kentucky, you can expunge arrest records, misdemeanors, and felony convictions under certain circumstances. If you were arrested or arrested and charged but not convicted, you are eligible to petition to have your criminal record expunged if;
- Your charges were dismissed with prejudice (meaning they cannot be refiled in the future)
- You were charged with a felony offense but were not indicted
- You were acquitted
When it comes to acquittals and dismissals, it is crucial to note that you cannot expunge a criminal record if the dismissal or acquittal was in exchange for a guilty plea to another offense. In a case where your charges were dismissed with prejudice, or you were acquitted, you can file your petition after 60 days have passed since your dismissal or acquittal.
On the other hand, you can expunge felony charges after twelve months have passed since the court presented your case to a grand jury.
If you were convicted of a crime, you should know that records related to misdemeanors, violations, and traffic infractions may be eligible for expungement five years after you complete your sentence or probation (whichever is later). However, your records cannot be expunged if you have been convicted of a misdemeanor or felony in the last five years. Also, you cannot have your records expunged if there is a pending criminal proceeding against you or if the offense you are seeking to expunge is a sexual or child abuse offense.
Contact a London Criminal Defense Attorney
If you need more information about Kentucky criminal record expungement or help with expunging your criminal record, contact a qualified London criminal defense attorney at Cessna & George Law Firm today at 606-770-5400.