Can a DUI Case Be Expunged in Kentucky?
A DUI can completely derail your future plans, leaving you unable to work in certain fields, drive without being monitored, or find affordable car insurance. On top of that, you may find that your work options and reputation are forever hindered by the presence of a DUI on your record. For that reason, many people choose to seek expungement of a DUI as soon as possible. Kentucky does allow for the expungement of certain misdemeanors or felonies if you meet strict requirements.
Find out if your DUI case qualifies and how you can get started. Call Ron Aslam Law Office at 502-581-1676 to schedule a consultation now.
Clean Slate Kentucky
Expungement is available as part of the Clean Slate Kentucky program. In most situations, a DUI in Kentucky is a misdemeanor, which allows you to seek expungement after a waiting period. The waiting period for a misdemeanor is five years from the completion of your sentence. The process of getting your record expunged is fairly time-consuming, as you must first get a certificate of eligibility, then file the certificate and your petition with the court.
Does Your DUI Qualify?
DUI convictions only qualify for expungement in certain scenarios. Consider, for example, enhanceable offenses. If you get a second or third DUI, you can plan on getting hit with much higher penalties. This will require you to wait longer to get your record expunged, if it even qualifies for expungement at that point. Note, though, that new laws make DUIs enhanceable for 10 years, and you cannot file for expungement until the enhanceable period is done. This may extend your waiting period.
To qualify for expungement, you have to do more than stay sober while behind the wheel. You must have no previous felony convictions and have a criminal record that is completely clear in the five years prior to your DUI. Additionally, you must not have been convicted of a misdemeanor, felony, or violation since your DUI conviction. If you are currently being charged with a felony, violation, or misdemeanor, you likely will not be able to have your record expunged.
What If You Weren’t Convicted?
If you were charged with driving under the influence but were never convicted, you can have those charges removed from your record. This process is much quicker and less costly than the process of having a misdemeanor or felony expunged.
If your charges are acquitted or dismissed with prejudice, your charges will be automatically expunged. If they are dismissed without prejudice, you can file for expungement of misdemeanor charges in one year and felony charges in three years. If you are not indicted within six months, you can file for expungement without paying a filing fee.
If you believe you qualify for expungement under Kentucky law, it’s in your best interest to pursue this option. Expungement gives you a true chance at a fresh start and a new beginning, allowing you to open up your career options and clear your criminal record. However, you will need to go through a fairly complicated process to have your request considered.
That’s why it’s helpful to consult a criminal defense attorney as you file for an expungement. Your attorney can take an in-depth look at your record and your DUI conviction to ensure that you do qualify for expungement, and then begin the process of filing for an expungement. This involves getting a certificate of eligibility and submitting it with the proper petition to the court.
Throughout this process, you may need to provide additional documentation to prove that you qualify for expungement in Kentucky. You may need proof of a clear driving record and proof that you are not currently facing criminal charges. Remember, this program is quite strict, so anything indicating habitual criminal behavior will likely disqualify you.
Your attorney will also represent you at all expungement hearings. This ensures that you meet all court deadlines and provide the proper forms and documentation.
Find Out How Ron Aslam Law Office Can Help You
We know this process can be confusing and it’s challenging to understand your rights. We can help you as you fight for a better future for yourself and your family. Schedule a meeting now by calling Ron Aslam Law Office at 502-581-1676 or contacting us online.