If you’re facing charges or you’ve been convicted of a crime in Lexington, KY, you may be worried about the serious ramifications this can have on your life. It’s true that criminal charges can affect many different areas, including your personal and professional life, but sometimes, there are ways to move forward with a clean slate.
If you believe you may be eligible for an expungement in Lexington, Kentucky, you should reach out to a criminal defense lawyer as soon as possible. Contact the Suhre & Associates DUI and Criminal Defense Lawyers at (859) 569-4014 to schedule a free consultation with a Lexington expungement lawyer.
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How Suhre & Associates DUI and Criminal Defense Lawyers Can Help With an Expungement
If you’ve been considering expunging your criminal record in Lexington, KY, we can make this complex process more manageable and less stressful. Here’s how we assist clients with expungements:
- The first step in our process is to evaluate whether you qualify for expungement under Kentucky law. We provide a thorough assessment of your case to determine if you’re eligible.
- Once we confirm eligibility, we’ll take care of completing all necessary paperwork and forms required for initiating the expungement process on your behalf.
- If any issues arise during the review or if a hearing is scheduled regarding opposition from prosecutors about granting the expungement, we will advocate strongly on your behalf in court.
For help with expungement in Lexington, Kentucky, contact Suhre & Associates DUI and Criminal Defense Lawyers today to schedule a free consultation with a Lexington criminal defense attorney.
Overview of Expungement in Kentucky
Expungement in Kentucky allows individuals to remove certain criminal offenses from their public records, providing a fresh start and the chance to move forward without the stigma of a past conviction. Most employers won’t be able to see your prior conviction once it is expunged.
Additionally, an expungement makes it so that in many cases, a person can legally answer no when asked if they’ve been convicted of a crime. This legal process is crucial for those looking to improve their employment opportunities, housing options, and overall quality of life.
Expungement Eligibility in Kentucky
Understanding expungement eligibility in Kentucky is crucial for anyone looking to clear their criminal record. Below is an overview of the eligibility requirements and who is permitted to expunge their record:
Automatic Expungements
Certain cases are eligible for automatic expungement under Kentucky law. If you were acquitted or if your case was dismissed with prejudice (meaning it cannot be refiled), your records will be automatically cleared 30 days after dismissal.
Dismissals Without Prejudice
If a case is dismissed without prejudice, which means that charges could potentially be refiled in the future, you can file for an expungement. For misdemeanor offenses, you can request expungement one year after dismissal. For felony offenses, you must wait three years before filing a request. No fees apply to this process.
Failure to Indict
For felony charges that were dismissed without indictment, you can seek expungement after waiting six months from the dismissal date. No filing fee is required for this type of petition.
Misdemeanor Conviction Expungements
Kentucky law allows defendants to apply for an unlimited number of misdemeanor expungements, provided they have completed their sentences fully. However, you must wait five years from the conclusion of your sentence before applying.
Enhancement Periods
If your offense falls under a specific “enhancement period,” such as those associated with DUI convictions, you’ll need to wait until that designated time period has expired before applying for expungement. Additionally, you’ll need to demonstrate at least five years of good behavior free from any new misdemeanors or felonies during that time span before submitting your request.
Eligibility for Class-D Felony Conviction Expungements
Most Class-D felonies in Kentucky are eligible for expungement. To proceed with expunging a Class-D felony, you must wait for five years after completing your sentence or five years following the fulfillment of probation or parole requirements, whichever period is longer.
Before filing for any expungement, it’s essential to maintain a clean criminal record during the five years leading up to your application. This means you cannot have any new misdemeanor or felony convictions during that time.
Expungement Process in Kentucky
Understanding how expungement works is essential for defendants. Below is an overview of the process in Kentucky:
Obtain an Expungement Certification
The first step in the expungement process is to obtain an expungement certification. You need to submit the Expungement Certification Request Form, which you can do online, by mail, or in person. After your request is reviewed, you’ll receive a certification packet sent to your specified address.
File Your Expungement Request with the Court
After receiving your certification packet, you’ll need to file it with the court within 30 days. This must be done in the county where your conviction took place. If you’re seeking expungement of a misdemeanor, you’ll use the Misdemeanor Petition Form. For Class D felonies, you will need to complete a Felony Application Form.
If there is anything contested about your expungement request and a hearing becomes necessary, these hearings are generally scheduled within one month after you’ve filed all required paperwork with the court.
To learn more about the expungement process, contact a lawyer as soon as possible.
Understanding the expungement eligibility requirements in Kentucky is important for anyone seeking to clear their criminal record and move forward in life. By being aware of automatic expungements and waiting periods for felony and misdemeanor charges, you can take informed steps toward a fresh start.
If you’re considering initiating the expungement process or have specific questions about your situation, consulting with a knowledgeable attorney is always a good idea. Contact Suhre & Associates DUI and Criminal Defense Lawyers to schedule a free consultation with a Lexington expungement lawyer.
