We expunge and clear records statewide in all Kentucky counties. Note for persons living outside Kentucky or who do not want to be involved in the legal process: our attorneys may handle all filings and court appearances without your need to personally appear.
What exactly is expungement?
In Kentucky, when you are charged with criminal or traffic offenses, these charges appear on your personal criminal history record for all time. Even if you were falsely charged and the offense got immediately dismissed or even if the charge was very minor (noise ordinance, alcohol intoxication, etc.) and occurred decades ago, the charge will still show up.
Expungement is the legal process of making these charges disappear from a person’s criminal history record. It involves reviewing the relevant law and the particular individual’s criminal history, completing the relevant petition(s) to the court, potentially filing other legal documentation or attending court hearings, and ultimately requesting that the court “seal” the charges from being publicly reviewed.
What is the purpose of expungement?
The vast majority of 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. This is very common. In a 2010 survey, “92% of responding employers stated that they subjected all or some of their job candidates to criminal background checks. Employers have reported that their use of criminal history information is related to ongoing efforts to combat theft and fraud, as well as heightened concerns about workplace violence and potential liability for negligent hiring.” U.S. Equal Employment Opportunity Commission. There are a variety of other reasons, but chances are if you are reading this you already think your situation warrants at least considering expungement.
The fact is that anyone can request a background check or a criminal history record for another person. Employers do this all the time to differentiate the numerous candidates for an open 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 acquittal|
|Felony charges that did not result in a criminal prosecution||1 year after charges were filed|
|Violation (including traffic tickets) convictions||5 years after sentence or successful completion of probation, whichever occurs later|
|Misdemeanor (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 later|
|First 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|
*Voiding of a drug possession charge has the same effect as expungement, though it falls under another criminal statute.
According to the relevant statutes, the following types of charges MAY NOT be expunged in Kentucky:
- Sex offense(s)
- Offense(s) committed against a child
- Serious felonies
- Charges for which legal proceedings are pending or currently being instituted
- Charges for which the offender is still on probation
- Federal or out-of-state charges
How much will expungement cost?
Most likely $250. but see below as costs vary depending on the particulars of your case:
|Our Legal Fees|
|Drafting and filing of expungement paperwork, per case (includes ALL eligible charges within that case).
Example: Defendant charged with 1) DUI, 2) open container, 3) speeding, 4) reckless driving, and 5) expired registration. Assuming they are eligible, all 5 charges will be expunged for the same $250 flat fee.
|Additional services (only if applicable to your case)
Services include: Voiding of drug convictions, pardon of felony convictions, extensive negotiations with prosecutor, appeal/motion to reconsider, etc.
|Varies based on service|
|Court/Filing Fees (including court service charges)|
|Expungement certification fee charged by the courts (only if applicable to your case)||$43|
|Misdemeanor or violation conviction filing fee charged by the courts, including court service fee (only if applicable to your case)||$103|
|Felony conviction filing fee charged by the courts, including court service fee (only if applicable to your case)||$309|
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:
- Properly filing the petitions, motions, etc.
- Contacting and negotiating with prosecutors
- Appearing in court and getting the request approved by the judge
- Appealing denials
- 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 your basic information to our firm using our 256-bit encrypted secure online form.
• 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.