An Expungement Can Erase Your Criminal Charges
Episode 13: Louisville criminal defense attorney Tim Denison has over 30 years of experience representing clients in Louisville and across Kentucky. This episode is the first chapter in a mini-series focusing on expungements. Tim will explain how to erase a criminal history with an expungement.
Tim begins by explaining the decision to release a mini-series about issues related to expungements. The reality is the general public may not fully understand what a powerful tool an expungement is and can be.
What is an Expungement?
An expungement is a total erasure of your record. Depending upon your eligibility, it could be your entire criminal record. It can handle one or more cases, again depending upon which charges are eligible. In simple terms, an expungement clears your background. It’s as if it never happened. There will be no record of the offense and it can’t be used against you.
The Kentucky legislature put into law the fact that if your charge has been expunged, you do not have to admit there’s ever been an expungement, or that you were ever charged for that crime. Legally, it’s as if it never happened.
It Can be a Simple Process
There are some requirements. There’s a difference between misdemeanor and felony charges. If your case has been dismissed, you’re eligible to file for an expungement 60 days after the case has been dismissed. This applies to both misdemeanors and felonies.
If you’ve plead guilty to misdemeanor(s), you’re eligible to file for expungement of most charge(s) 5 years after the date of completion of the sentence. If there’s was a conditional discharge that factors into the timing. If probation was included, the time can be extended to 7 years.
Can I Have All of My Misdemeanors Expunged at the Same Time?
As long as the charges are eligible to be erased, they can all be filed at the same time. Misdemeanor DUI charges are treated differently. However, generally speaking most misdemeanors are eligible to be expunged.
Which Charges Cannot be Expunged?
In Kentucky, sex crimes and crimes against children are generally not eligible to be expunged.
Can I Get an Expungement of a Felony Charge?
Again, if the felony charge was dismissed in either district court or in circuit court, you can file for an expungement in 60 days. You would file for it according to which court last handled the charge.
Can I Expunge a DUI Charge?
Years ago, a DUI charge would have been eligible in 5 years. However, the Kentucky Supreme Court ruled that the “look-back period” for a DUI is now 10 years. Under the law, if you were convicted of a DUI during the past 10 years, and you received a second conviction within that 10-year period (looking back), it will extend the period of time, if there was a guilty plea.
How Many Felonies Can Be Expunged?
Under the current law, you’re only entitled to have one felony case expunged. This could be a single felony or a series of felonies related to the same transaction or occurrence. The Kentucky legislature is considering expanding this, but it hasn’t happened, yet.
Tim clarifies that if you have five different felonies from 5 different events, generally speaking, you will only be able to expunge one of them.
Understanding the Advantages of Getting an Expungement
A criminal charge on your record can prevent you from participating in your child’s education or extracurricular activities. Most schools may not let you help in the classroom or even coach your child’s team.
A criminal charge on your record may prevent you from getting a promotion or pursing a new job.
Having the opportunity to erase a criminal history with an expungement can open many doors to you and your future.
How Long Does It Take to Get an Expungement?
The first step is to have your attorney request an official Kentucky State Police Records Certification Check. This document will list all of the charges on your background or criminal record. It will indicate whether you’re eligible for an expungement at this time.
It’s possible that you assumed certain charges may have now been eligible, but there can be other factors that can delay the eligibility. Tim has seen some of the issues listed in error on the reports, so he prefers to file them, along with the other charges. The prosecutor may agree to allow them to be considered.
Do I Need to Get an Expungement if I Was Proven Not-Guilty?
Yes. Tim explains that even if the prosecutor dropped the charges or you were found not-guilty, and they were dismissed, these charges remain on your record. The only way to handle it is to erase a criminal history with an expungement.
This is a common misconception most people have. However, the only way to get the charge removed is by getting it expunged. Remember, anyone running a background check on you would see these charges, until or unless you get them expunged. Don’t get passed over for a job, promotion or some other opportunity.
Even if you the charges were dismissed, the company or hiring manager might not know that. Now, you’re in the position of having to explain what happened and hoping that you’ll remain in consideration. That doesn’t always happen.
After an Expungement, What Does My Record Show?
The public or an employer will not be able to see a charge that has been expunged. Remember, you can now legally say you’ve never been charged and there will be no record of it. Your statement will not be considered dishonest, deceptive, a misrepresentation or misleading.
Now, if your case/charge was dismissed, but has not yet been expunged, you DO NOT have the right to say it never happened. This only happens once it’s been expunged.
Law enforcement will generally only see charges that could have been enhanceable or have not yet been expunged. A recording of expunged charges may be kept for statistical purposes, but it won’t be held against you.
Prosecutors will also not see the charges that have been expunged. Again, there may be a record for statistical purposes, but that list will be confidential. This is to prevent multiple attempts at expunging a felony charge or charges.
Need to Contact an Experienced Kentucky Expungement Attorney?
Tim’s office phone number is (502) 589-6916. You can learn more via TimDenisonLaw.com. Tim’s principal office is located at: 235 South 5th St., Third Floor, Louisville, KY 40202.
The information from this podcast is for informational purposes only and does not establish an attorney-client relationship. Co-host Jim Ray is a non-attorney spokesperson. This is an attorney advertisement.
