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Is it possible to get all my charges from DIFFERENT cases expunged without waiting in between?

Bowling Green, KY |

I live in the state of Kentucky.
My record is as follows:
Case 1- Bowling Green, KY
Alcohol intoxication 1st O- pre-payable citation
Case 2- Louisville, KY
Shoplifting- dismissed
Case 3- Lousiville
Alcohol intoxication- dismissed
Disorderly conduct - dismissed
fleeing and evading - dismissed
resisting arrest - dismissed
Case 4- Bowling Green
Poss. of Mar- dismissed
Poss. of para- will be dismissed after i complete 50 hours of community service.

All these charges are dismissed (or will be). may i get all these expunged even though there are multiple cases because ive heard your only allowed to expunge one case (is this only for certain states?) because in the kentucky statute for expungement it doesnt say anywhere that you're only allowed one.

Attorney Answers 3

Posted

All dismissed misdemeanors are eligible for expungement under KY law subject to some restrictions set forth below in the statute:

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 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..

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9 comments

Asker

Posted

(4) (c) states: 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. I dont understand this. So because these misdeameanors occured less than five years apart I'm unable to get them expunged?

Frank Mascagni III

Frank Mascagni III

Posted

There are 2 expungement statutes in KY. There is no section "(4)(c)" in the statute I reproduced for you: KRS 431.076. The other statute is KRS 431.078, which does have a section (4)(c): ====================================================== Kentucky Revised Statutes Title 40. CRIMES AND PUNISHMENTS Chapter 431. GENERAL PROVISIONS CONCERNING CRIMES AND PUNISHMENTS Current through 2012 First Extraordinary Session § 431.078. 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

Frank Mascagni III

Frank Mascagni III

Posted

There are several bills filed before the Kentucky General Assembly right now seeking to make expungements easier to acquire. Haven't been passed yet in this 2013 session. Whether the 5 years prohibition will cause an objection by the Assistant County Attorney reviewing the motion in each different county where you file is unknown to me. Seek legal advice in each county where you want to file.

Asker

Posted

why are there two different statutes? So does (4) (c) on the other statute not apply to me?

Frank Mascagni III

Frank Mascagni III

Posted

For 2 different sets of facts: § 431.076. Expungement of criminal records for those found not guilty of crimes or for whom charges have been dismissed with prejudice 431.078. Expungement of misdemeanor and violation records of convictions and dismissed or amended charges

Asker

Posted

Oh, well mine were definitely found guilty. So basically, i'm screwed if the county attorney objects?

Frank Mascagni III

Frank Mascagni III

Posted

Consult with a competent criminal defense attorney in each county you were charged in.

Asker

Posted

just one more question and ill let you go. I appreciate the help by the way. I just really need some kind of hope so i can sleep tonight. I'll set up a scenario: I'm in the court room with my attorney present and were talking to the judge about expunging these charges . Then, the assistant county attorney objects because of 431.078 (4)(c). Is it possible for my attorney to convince the judge to expunge it anyway or MUST the judge abide by the statute once the objection is made?

Frank Mascagni III

Frank Mascagni III

Posted

Some Assistant County attorneys outside Jefferson County don't care. If there is a good reason not to object, they won't. Some Assistant County Attorneys will object, and until recently the judge would grant the motion anyway. It depends on what county you are in, the prosecutor, your defense attorney and the judge.

Posted

You need to contact a criminal defense attorney. These can most likely be expunged but they will all have to be expunged in the county where the case was dismissed.

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3 comments

Asker

Posted

What would be the ballpark estimate on getting all this expunged? Is there anyway to expunge it myself, or do i absolutely need an attorney?

Asker

Posted

Also, is it false that your only allowed one expunged?

Asker

Posted

expungement*

Posted

You should be able to get most of these dismissed. The sooner the better as a future charge/conviction may prevent expungement. I suggest hiring local counsel to assist you.

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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