Expungement

What Charges Can Be Expunged

 

The people that contact our firm regarding expungement indicate that they have been applying for jobs and have had difficulty or were told that criminal charges prevent them from being considered for the position.  If a charge gets expunged, by Kentucky law it becomes hidden and will not appear when a criminal record report is ordered. This obviously means that when a person applies for a job in the future after the expungement has gone through, the employer will not see the charge(s) listed. And even better, by law, “[t]he person whose record is expunged shall not have to disclose the fact of the record or any matter relating thereto on an application for employment, credit, or other type of application.” See KRS 431.076(6) and KRS 431.078(6).

 

What Can Be Expunged

 

The most common question attorneys at our firm are asked regarding expungement is whether a particular charge or charges may be expunged.

 

The law allows the following types of charges to be expunged:

Type of Charge

When Expungement May Occur

 

Violation charges (including traffic tickets) that were dismissed or where the person was acquitted of the charge 60 days after charges were dismissed or acquittal. Misdemeanor charges (including DUI) that were dismissed or where the person was acquitted of the charge 60 days after charges were dismissed or acquittal. Felony charges that were dismissed or where the person was acquitted of the charge 60 days after charges were dismissed or acquittalFelony charges that did not result in a criminal prosecution1 year after charges were filed. Violation (including traffic tickets) convictions 5 years after sentence or successful completion of probation, whichever occurs laterMisdemeanor (including DUI) convictions 5 years after sentence or successful completion of probation, whichever occurs later (so long as the time for enhancement to a second or subsequent offense has expired)Certain Class D Felony convictions 5 years after sentence or successful completion of probation, whichever occurs laterFirst conviction for possession of controlled substance or any conviction for possession of marijuana, synthetic drugs, or salvia. Immediately after completion of treatment, probation, or other sentence. *Juvenile misdemeanors or violation convictions, status offenses, and mental health issues 2 years after termination of the court’s jurisdiction or unconditional release from commitment.

 

 

How Much Will Expungement Cost

 

$300, possibly more depending on your case:

 

Our Fees for Drafting and filing of expungement paperwork and up to 1 court appearance in:

 

  • A “court” is a county and either a District or Circuit court

     

  • We file to remove ALL charges on your record that are expungement-eligible within the court 
  • The same service in each additional court (only if applicable to your case) 
  • Additional services (only if applicable to your case) 
  • Voiding of drug convictions, pardon of felony convictions, extensive negotiations with prosecutor, appeal/motion to reconsider, etc. 
  • Varies based on serviceCourt/Filing Fees (including court service charges)
    Expungement certification fee charged by the courts (only if applicable to your case$40
     

    Misdemeanor or violation conviction filing fee charged by the courts, including court service fee (only if applicable to your case$104

     

  • Felony conviction filing fee charged by the courts, including court service fee (only if applicable to your case$504

 

 

 

Will It Work? Will The Charges Actually Come Off

 

Our firm is very experienced in this area of the law. We know the nuances of the law and in most cases the specific local practices to prevent unnecessary delays or rejections of an expungement request. Upon receipt of your information and criminal record report we are able to pick out all charges eligible for expungement and the means by which to do this quickly and inexpensively. If we do not feel we can assist you in any aspect we let you know up front. Our knowledge and experience comes in handy at various stages of the process which may include:

 

 

  1. Properly filing the petitions, motions, etc. 
  2. Negotiating with prosecutors 
  3. Appearing in court and getting the request approved by the judge 
  4. Keeping the client updated and informed along the way 

Generally speaking, clients prefer us to handle the process for them, which we are happy to do. That means we proceed efficiently behind the scenes, taking care of court appearances for the clients and providing them with updates and copies of paperwork we receive. We find clients prefer to minimize their involvement with the legal system so we try to facilitate this as best we can.

 

How Do I Get Started With My Expungement

 

• Submit the attached intake form and  submit payment of $300 to expunge all eligible charges in a single court.

• This will give us the necessary details for our experienced expungement and record clearing attorneys to thoroughly review your case.

• One of our attorneys will email you regarding the charges on your record and their eligibility for expungement. You will be given the option to expunge additional charges from other courts and be informed of filing fees, if applicable. Obviously before filing your expungement, our legal fees and all filing fees must be paid.

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