If you are thinking about expunging your DUI, this is what you need to know. 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
- 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.
- Provide the necessary information for our office to file a petition in the court of Kentucky where you were originally convicted of the misdemeanor.
- Assist us by providing evidence to establish your defense and develop proof for the court that you have no previous felony convictions.
- 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.
- 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.