A DUI can follow you for many years. Even if a misdemeanor DUI happened more than 20 years ago, it might still appear as a criminal record during a background check. A DUI could potentially prevent you from getting an education, housing, and certain types of jobs.
Even if you were arrested and your case was dismissed, you may still have a criminal record that continues to limit you in everyday life. If you’re ready to do something about a mistake you made years ago, help is available.
Were you convicted of a DUI in Lexington, KY, or the surrounding areas? Our Lexington DUI expungement lawyers at Suhre & Associates, LLC can help you eliminate the stigma of a DUI that happened long ago.
Contact our Lexington law offices to schedule a free consultation with one of our criminal defense attorneys at (859) 569-4014. We’ll examine your case and determine if you’re eligible to get your DUI expunged from the record.
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How Suhre & Associates, LLC Can Help You With a Lexington DUI Expungement
If you’re eligible to have your DUI expunged, we’re happy to work with you to make that happen in Lexington, Kentucky.
The first step is to order two documents from the state:
- Kentucky Administrative Office of the Court Criminal History
- Kentucky State Police Certificate of Eligibility
These will take about 30 days to arrive. Copies of these documents will be included with each expungement petition.
We’ll also review the records with you and determine if you’re eligible. Once we receive these documents, we’ll have 30 days to file your expungement petition. Our Lexington DUI lawyers are ready to get started today. Contact us for a free consultation to get started.
What Is Expungement?
This is the process by which a person’s criminal arrest or conviction can be erased from their record. It can take time, but a criminal defense attorney can help you navigate the legal process.
What this means is that after an expungement, when someone asks you, “do you have a criminal record?” or “have you ever been arrested?” You can safely and legally answer, “no.”
All charges appear on your record, whether major or minor, including arrests, dismissals, and acquittals. An expungement nullifies a particular arrest or charge. It’s similar to an annulment for someone seeking to end a short-term marriage. Once completed, the arrest (or marriage) no longer legally exists.
An expungement is different from a pardon. While an expungement erases an arrest or criminal conviction, a pardon is forgiveness but stays on your record. A pardon is granted by someone in the executive branch, typically the governor. An expungement is granted by a judge and essentially deletes the charge completely as if it never happened, leaving you without a record.
Many people believe that after several years, a criminal charge, especially a misdemeanor, will simply “fall off your record.” While that may be true of your credit report, a criminal record doesn’t work that way. You must go through the process of requesting an expungement to have something removed from your criminal record.
A DUI will also stay on your driving record for 5 to 10 years. This is separate from your criminal record.
In the state of Kentucky, a first DUI conviction can, under certain circumstances, be expunged. However, you must wait ten years after your sentence or after your probation has ended, whichever is longer, to file a petition. In order to request an expungement of a DUI charge, you must:
- Have no prior felony convictions
- Have no other misdemeanors or violations in the five years prior to your DUI
- Have no conviction of a felony, misdemeanor, or other violation since your DUI conviction
- Have no currently pending charges for a felony, misdemeanor, or other violations
- Your conviction was for an offense that was against the Commonwealth of Kentucky
If you have a second, third, or other subsequent DUI within 5 years, you will not be eligible for expungement.
Of course, much depends on the circumstances of your case:
- If your case was dismissed or you were acquitted, you can request an expungement within 60 days after the end of the trial.
- If you have been convicted of DUI, the rules are a little different. For misdemeanor DUI, you must wait 10 years before you can request expungement. For other misdemeanors, the wait is 5 years.
A felony DUI cannot be expunged unless you agree to participate in a Felony Diversion Program. Our Lexington DUI expungement lawyers can explain this to you and let you know if it’s possible to get an expungement.
Can All Criminal Charges Be Expunged From My Record?
No. Charges that cannot be expunged include:
- Federal charges
- Sex offenses
- Offenses that are committed against a child
- Serious felonies
- Charges from out of state
- Charges where legal proceedings are pending
- Charges where you’re still on probation
Only some felonies are eligible for expungement. Class D felonies require a five-year waiting period after the end of your sentence. As long as you have no other misdemeanors or felonies pending or on your record, you could receive an expungement and the restoration of your voting rights. Consult with a Lexington DUI expungement lawyer to learn more.
Get Help With a Lexington DUI Expungement From Suhre & Associates, LLC
If you’re ready to leave the past behind, contact our Lexington DUI expungement attorneys at Suhre & Associates, LLC. We can help you file papers, appear in court, and represent you to get the DUI wiped from your record.
Reach out to us to discuss your case further. Let us help you get a fresh start.