In the State of Kentucky, being charged or convicted of a crime will be reflected on your criminal record. To remove a criminal arrest, charge, or conviction from your record, you must go through the legal process of expungement. Not all criminal charges, arrests, or convictions, will be eligible for expungement. As of June 27, 2019, however, most Class D felony offenses are now eligible for expungement. The expungement process for a Class D felony offense is set forth by KRS 431.073. The defendant is permitted to apply to have a conviction vacated and expunged. Should the court grant the expungement, the original criminal judgment is vacated and the charges dismissed. After paying an expungement fee, all official records, including those of law enforcement, will be expunged.
What Is the Process of Felony Expungement?
A person must wait at least five years after completing a sentence or five years after the successful completion of probation or parole, whichever is later, prior to filing an application for expungement. The application entails requesting an expungement certification from the Administrative Office of the Courts. Once the expungement certification has been returned. The application to Vacate and expunge Felony Conviction must be filed with the Office of the Circuit Court Clerk in the county where the conviction occurred. In the alternative, an attorney has the option of eFiling expungement motions.
In some cases, the prosecutor may object to the expungement within 60 days. If this happens, the court schedules a hearing and the circuit court clerk sends notice of the hearing. The person petitioning for expungement carries the burden of proving to the court by “clear and convincing” evidence that he or she is rehabilitated, unlikely to re-offend, and that the expungement is in the interest of justice as well as the interest of the public welfare and safety.
If there is no objection to the expungement or the court grants the expungement over objections, then the petitioner must pay the filing fee and his or her records will be ordered by the court to be expunged. The expungement means that the information will not appear on any official, state-performed background check. The fees associated with expungement total $300. $50 of this is a non-refundable filing fee that is due at the time the expungement application is filed. The $250 is an expungement fee which can be paid in installments.
Criminal Defense Attorneys
Expungement can give a person a fresh start. Not only is the cause deleted from official records, but the person whose record has been expunged is under no obligation to disclose the situation on any type of application, including employment, credit, or housing. Additionally, should a person be otherwise qualified to vote, expungement will result in the person’s restored ability to register to vote. Dickman Law can help you through the expungement process to get you this fresh start. Contact us today.
Posted in: Criminal Defense