How to Get an Expungement
Episode 14: This episode is the second chapter in a mini-series focusing on expungements. Louisville criminal defense attorney Tim Denison has over 30 years of experience representing clients in Louisville and across Kentucky. Today, Tim discusses the expungement process.
If you missed it, click here to listen to Episode 13: An Expungement Can Erase Your Criminal Record.
Can Federal Charges be Expunged?
No. Federal charges are not eligible to be expunged. This applies to both misdemeanors and felony charges.
The Expungement Process Overview
If someone wants to pursue getting a charge or charges expunged from their record, they should contact an attorney who has experience filing expungements. After a brief conversation, Tim will gather specific information to ensure he can retrieve the proper information. Attorneys also have access to CourtNet, which is an online resource. It’s a reliable tool to enable them to see a person’s criminal history, but it is not the official record. CourtNet allows Tim to begin a preliminary evaluation of charges which may be eligible to be expunged and the timing involved. It’s possible that certain charges may not show up in CourtNet. He will still need to request the official record from the Kentucky State Police.
Interestingly the Administrative Office of the Courts began allowing the destruction of old court records involving misdemeanors. When Tim receives the official criminal history from the Kentucky State Police, if it shows misdemeanor charges with records that have been destroyed, those charges can be expunged regardless of how they were decided (i.e. found not-guilty of found guilty). Because these charges have no disposition attached to the record, you don’t have to pay the filing fee to have them expunged. There would still be an attorney fee the client must pay.
Determining Which Charges Are Eligible to be Expunged
Once Tim has received the official record from the Kentucky State Police, he can make a determination of the exact charges that are eligible to be expunged. This record is referred to as the KSP Certification Certificate. Generally speaking, it can take between 2 and 2.5 months to receive it, after Tim orders it.
At that point, Tim can prepare a petition for the expungement of a charge that’s been dismissed. The other option is to petition for the expungement of a charge involving a guilty plea. He will also draft an Order for each case. A copy of the KSP Certification Certificate is also included with each petition. These documents are electronically filed with the court.
Tim can file expungements statewide, so you don’t have to either live in Jefferson County or have charges that were originally filed in Jefferson County.
The county attorney’s office will review these filings. If there’s no serious problem, the court will then evaluate the petition. Many are approved if the county attorney doesn’t object. However, if there is an issue the court will require a hearing during which both sides will present their arguments as to why the expungement should or should not be granted. Tim may still be an opportunity for Tim to resolve the issue(s) before the hearing. The court will either sign-off on the petition or will decide not to grant the petition for the expungement.
Once Tim files the petition(s), it can take 30-60 days to work through the system. It depends on various factors.
Technically speaking, the charge is expunged when the judge signs the Order, but it still needs to be officially entered by the clerk. Once that happens, the expungement is valid. The court then has up to 60 days to remove the charge(s) from your record. In Tim’s experience, the actual removal can take as little as 48-72 hours.
Do Not Post about Your Expungement on Social Media
Unfortunately, Facebook and other social media platforms have become overused by many people. It takes time, effort and some legal expense to get charges successfully removed. Avoid the temptation to tell the world about it. It does not help your chances of securing that new job or promotion when you tell the world about your expungement. Surprisingly, it happens.
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.
