Under the Kentucky Revised Statute 431.078, a DUI first conviction can be expunged. Misdemeanor charges result from a first, second or third conviction of a DUI, while more than three within a five-year period will result in felony charges. A DUI first-time conviction must meet the following statutes in order to be considered:

  • You have no previous felony convictions.
  • Your past five-year record prior to the DUI is clear of any other misdemeanors or violation offenses.
  • You have not been convicted of a felony, a misdemeanor, or a violation since the conviction of your DUI.
  • You are not currently in proceedings for a felony, misdemeanor or violation; or no proceeding in pending or being instituted against you.
  • The offense that you were convicted of was against the Commonwealth of Kentucky.

If this is your second or third DUI conviction within a five-year period, you most likely will not meet the requirements to have your DUI expunged due to the above statutes.

Five Steps to Expunging a Misdemeanor DUI in Kentucky

  1. Enlist the help of a qualified DUI Defense Lawyer. The attorneys at Paul Dickman have the resources you need to aid in the expunging of your DUI.
  2. Provide the necessary information for our office to file a petition in the court of Kentucky where you were originally convicted of the misdemeanor.
  3. Assist us by providing evidence to establish your defense and develop proof for the court that you have no previous felony convictions.
  4. Provide necessary documentation proving that your driving record and criminal record were clear for the five years prior to, and for the five years after your misdemeanor DUI conviction.
  5. Give proof that you have no charges currently pending against you.

Expunging a Felony DUI Conviction

Under current Kentucky law, the only way to qualify for an expungement of a felony DUI conviction is to participate in a Felony Diversion Program. If you have completed this type of rehabilitation, seek the advice of a DUI defense attorney to ensure your records are correctly cleared.

Contact the offices of Paul Dickman Law Firm today for a free consultation.