Record Expungement

Looking into the possibility of criminal record expungement?  Past mistakes can and will continue to impact a person’s life. Whether the charges were major or minor, whether they resulted in a conviction or a dismissal, none of that matters to most potential employers, landlords, or creditors. Simply the existence of a criminal record is enough to make it much harder for a person to find a job, rent an apartment, or get a loan. It is possible, however, to legally conceal a charge. Known as “expungement,” this civil proceeding concerning criminal matters essentially erases an arrest or conviction from someone’s record. Kentucky law not only allows the charge to be hidden, it also stipulates that the person does not have to reveal the charge on an application. For example, if a job application asks “Have you ever been convicted of a crime?” a person who was granted an expungement can legitimately answer “No.”

Expungement laws are complicated and not all charges can be expunged. Sex offenses, federal and out-of-state charges, offenses committed against a child, and serious felonies are not eligible for expungement. Neither are charges for which the offender is still on probation, or those who are facing pending legal proceedings.

Current Kentucky law provides that certain violations, misdemeanors, and felonies are suitable for expungement 60 days after acquittal or dismissal. Violation, misdemeanor, and low-level felony convictions qualify for expungement five years after the sentence is served or after probation is completed, whichever comes later.

Expungement in Kentucky used to be limited to violations and misdemeanors, but a 2016 law expanded the protections to include 61 Class D non-violent felonies, including about 70% of Class D felonies. These incidents can be cleared from criminal records five years after sentence completion. Common eligible offenses include possession of a controlled substance, theft, failure to pay child support, third-degree burglary, and prescription forgery. It should never be assumed, however, that expungement is inevitable or automatic. All expungements require the filing of court petitions seeking such relief. Each petition can address only one criminal case, so if you have several, a separate petition must be filed for each one.

If you’ve served your time, you were acquitted, or your charges were dismissed, it can seem unreasonable for you to be denied loans, employment, or other privileges time and time again. There are certain mistakes that should not have to follow someone throughout their lives. If you feel as though you’re still being punished or being punished unfairly because of your criminal record, seeking expungement is a process worth your time. Navigate it successfully by securing the help of a zealous, fearless and experienced lawyer.

Meridith and Sam understand that everyone makes mistakes, but they believe that those bad choices should not prevent the opportunity for a fresh start.  They have what it takes to ensure that clients get the effective representation that they deserve, starting with filing a properly drafted petition.  

Meridith and Sam also know how the Kentucky criminal justice system operates and how to navigate the expungement maze.  It’s wise to speak with an attorney if you are considering expungement, because if your petition is denied or only partly granted, it cannot be refiled, and you could be permanently barred from relief.  Don’t take that gamble.

Contact Clymer Law Today 

Whether you or someone you care about have been arrested or convicted, and continue to face the negative effects of a criminal record, contact Clymer Law to discuss your options for record expungement and get the zealous, fearless and experienced legal representation you need.  For a free initial consultation, call Clymer Law at (270) 551-5400 or CLICK HERE to send Meridith and Sam a message.