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I was found guilty of a DUI, and then a few months later I was found guilty of a few minor charges. Changes of expungement?

Bowling Green, KY |

I was charged in December of 2006 of the DUI, and then charged with minor in possession, using a fake ID, and evading the police (misdemeanor) in April of 2007. Can I get all of any of these charges expunged at this point?

Attorney Answers 2

  1. Here is the expungement statute:

    Kentucky Revised Statutes



    Current through 2013 Ky. Acts ch. 134

    § 431.078. [Effective Until ninety days after adjournment] Expungement of misdemeanor and violation records of convictions and dismissed or amended charges

    (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 KRS 218A.275(8) and 218A.276(8), 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 resides, for expungement of the record of one (1) misdemeanor offense or violation or a series of misdemeanor offenses or violations arising from a single incident, provided that the offense was not one specified in subsection (4) and that the offense was not the precursor offense of a f

    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..

  2. Technically you may have a problem as there is a conviction within 5 years. That said, i would file a motion to expunge the misdemeanor and see if it goes through (it is possible because the DUI was a traffic offense). If it does, you can then later file motion to expunge the DUI because the misdemeanor will be gone. It is very unlikely the DUI will be able to be expunged so long as the misdemeanor is present.

    Kentucky law does not certify specialty of practice in this area. The advice given herein is informational and should not be considered as creating an attorney/client relationship. Michael Bouldin is an independent attorney located in Northern Kentucky. It is strongly recommended to not give any confidential information on any website.

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