i have a misdemeanor from over 2 years ago on my record then got arrested again after wards. first time was for 4th degree domestic assault.. 2 years probation. then arrested again for underage dui had to take a dui class for it and the 3rd was for a missed court date i was just curious as to how to get this off my record. for me and my husband are going to try to adopt a child and im in school for nursing and cant have this on my record.
Criminal Defense Attorney
The expungement statute is KRS 431.078. It requires that at least five years go by without any new convictions before a misdemeanor can be expunged. This process must be done in the county where the court entered the conviction.
So, if you have two misdemeanor convictions which are less than five years apart, technically you are not eligible, but don't stop here.
Talk to an experienced lawyer in the jurisdiction (the county) where the conviction sits. A lawyer might be able to finagle an expungement if the county attorney and judge agree.
This is general informational response is based only on the information given. It should not be relied upon without consulting a lawyer and getting a full consultation. This response to the question does not create an attorney-client relationship.
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Criminal Defense Attorney
I agree with the response posted by counsel. Here is the governing statute. Some clerk's require a $100.00 filing fee on some records. We have the forms in Jefferson County available to the public at no expense. I'll retain counsel to assist:
§ 431.078. Expungement of misdemeanor and violation conviction records.
Title 40. CRIMES AND PUNISHMENTS
Chapter 431. GENERAL PROVISIONS CONCERNING CRIMES AND PUNISHMENTS
Current through Chapter 106, Regular Session 2011
§ 431.078. Expungement of misdemeanor and violation conviction records
(1) Any person who has been convicted of a misdemeanor or a violation, or a series of misdemeanors or violations arising from a single incident, may petition the court in which he was convicted for expungement of his misdemeanor or violation record, including a record of any charges for misdemeanors or violations that were dismissed or amended in the criminal action. The person shall be informed of the right at the time of adjudication.
(2) Except as provided in subsection (8) of KRS 218A.275 and subsection (8) of KRS 218A.276, the petition shall be filed no sooner than five (5) years after the completion of the person's sentence or five (5) years after the successful completion of the person's probation, whichever occurs later.
(3) Upon the filing of a petition, the court shall set a date for a hearing and shall notify the county attorney; the victim of the crime, if there was an identified victim; and any other person whom the person filing the petition has reason to believe may have relevant information related to the expungement of the record. Inability to locate the victim shall not delay the proceedings in the case or preclude the holding of a hearing or the issuance of an order of expungement.
(4) The court shall order sealed all records in the custody of the court and any records in the custody of any other agency or official, including law enforcement records, if at the hearing the court finds that:
(a) The offense was not a sex offense or an offense committed against a child;
(b) The person had no previous felony conviction;
(c) The person had not been convicted of any other misdemeanor or violation offense in the five (5) years prior to the conviction sought to be expunged;
(d) The person had not since the time of the conviction sought to be expunged been convicted of a felony, a misdemeanor, or a violation;
(e) No proceeding concerning a felony, misdemeanor, or violation is pending or being instituted against him; and
(f) The offense was an offense against the Commonwealth of Kentucky.
(5) Upon the entry of an order to seal the records, and payment to the circuit clerk of one hundred dollars ($100), the proceedings in the case shall be deemed never to have occurred; all index references shall be deleted; the persons and the court may properly reply that no record exists with respect to the persons upon any inquiry in the matter; and the 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. The first fifty dollars ($50) of each fee collected pursuant to this subsection shall be deposited into the general fund, and the remainder shall be deposited into a trust and agency account for deputy clerks.
(6) Copies of the order shall be sent to each agency or official named therein.
(7) Inspection of the records included in the order may thereafter be permitted by the court only upon petition by the person who is the subject of the records and only to those persons named in the petition.
(8) This section shall be deemed to be retroactive, and any person who has been convicted of a misdemeanor prior to July 14, 1992, may petition the court in which he was convicted, or if he was convicted prior to the inception of the District Court to the District Court in the county where he now resid
I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..