I was on pretrail deversion for flagrant non support can i have it taken off of my record?it looks like im a fellon on paper and

Asked almost 2 years ago - Stanton, KY

its standing in my way of employment.......

Attorney answers (3)

  1. David Brent Cox

    Pro

    Contributor Level 12

    3

    Lawyers agree

    Answered . The statutory pretrial diversion of a D felony is marked as "DISMISSED-DIVERTED" on CourtNet records upon the completion of the diversion. If the diversion is completed, it is not considered a conviction. See KRS 533.258

    Effects of successful completion of pretrial diversion agreement

    "(1) If the defendant successfully completes the provisions of the pretrial diversion agreement, the charges against the defendant shall be listed as “dismissed-diverted” and shall not constitute a criminal conviction.

    (2) The defendant shall not be required to list this disposition on any application for employment, licensure, or otherwise unless required to do so by federal law.

    (3) Pretrial diversion records shall not be introduced as evidence in any court in a civil, criminal, or other matter without the consent of the defendant."

  2. Frank Mascagni III

    Contributor Level 20

    3

    Lawyers agree

    Answered . You need to hire a criminal defense attorney to file a motion with the court to have the charge DISMISSED and then a motion to EXPUNGE the record. See KRS 431.076:


    Kentucky Revised Statutes

    Title 40. CRIMES AND PUNISHMENTS

    Chapter 431. GENERAL PROVISIONS CONCERNING CRIMES AND PUNISHMENTS

    Current through 2012 First Extraordinary Session

    § 431.076. Expungement of criminal records for those found not guilty of crimes or for whom charges have been dismissed with prejudice

    (1) A person who has been charged with a criminal offense and who has been found not guilty of the offense, or against whom charges have been dismissed with prejudice, and not in exchange for a guilty plea to another offense, may make a motion, in the District or Circuit Court in which the charges were filed, to expunge all records including, but not limited to, arrest records, fingerprints, photographs, index references, or other data, whether in documentary or electronic form, relating to the arrest, charge, or other matters arising out of the arrest or charge.

    (2) The expungement motion shall be filed no sooner than sixty (60) days following the order of acquittal or dismissal by the court.

    (3) Following the filing of the motion, the court may set a date for a hearing. If the court does so, it shall notify the county or Commonwealth's attorney, as appropriate, of an opportunity for a response to the expungement motion. In addition, if the criminal charge relates to the abuse or neglect of a child, the court shall also notify the Office of General Counsel of the Cabinet for Health and Family Services of an opportunity for a response to the expungement motion. The counsel for the Cabinet for Health and Family Services shall respond to the expungement motion, within twenty (20) days of receipt of the notice, which period of time shall not be extended by the court, if the Cabinet for Health and Family Services has custody of records reflecting that the person charged with the criminal offense has been determined by the cabinet or by a court under KRS Chapter 620 to be a substantiated perpetrator of child abuse or neglect. If the cabinet fails to respond to the expungement motion or if the cabinet fails to prevail, the order of expungement shall extend to the cabinet's records. If the cabinet prevails, the order of expungement shall not extend to the cabinet's records.

    (4) If the court finds that there are no current charges or proceedings pending relating to the matter for which the expungement is sought, the court may grant the motion and order the sealing of all records in the custody of the court and any records in the custody of any other agency or official, including law enforcement records. The court shall order the sealing on a form provided by the Administrative Office of the Courts. Every agency, with records relating to the arrest, charge, or other matters arising out of the arrest or charge, that is ordered to seal records, shall certify to the court within sixty (60) days of the entry of the expungement order, that the required sealing action has been completed. All orders enforcing the expungement procedure shall also be sealed.

    (5) After the expungement, the proceedings in the matter shall be deemed never to have occurred. The court and other agencies shall reply to any inquiry that no record exists on the matter. 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.

    (6) Inspection of the expunged records may thereafter be permitted by the court only upon a motion by the person who is the subject of the records and only to those persons named in the motion.

    (7) This section shall be retroactive.

    Cite as KRS 431.076

    History. Effective: June 20, 2005
    Amended 2005, Ky. Acts ch. 99, sec. 648, effective June 20, 2005. -- Amended 2000, Ky. Acts ch. 426, sec. 1, effective July 14, 2000. -- Created 1996, Ky. Acts ch. 374, sec. 1, effective July 15, 1996.

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this... more
  3. William Joseph Balena

    Contributor Level 12

    1

    Lawyer agrees

    Answered . in most states including Ohio you can seal the record after you complete diversion. Actually the case will dismiss and then you can seal it by law (in Ohio). Most of our laws are similar.

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