Step One
Please submit the following contact information to me by clicking on the icon "Click to Begin". Once the information is submitted, I can request a copy of the criminal record required by the court in all expungement cases. I charge a $20.00 fee to order and review your record. Please click on the secure credit card payment icon below and pay $20.00 for a copy of your court criminal record. You may also call my office at (502) 589-6190 and advise the receptionist you want to pay attorney Benham Sims, $20.00 for a copy and review of your criminal record.
Step Two
After you submit the requested contact information listed above and pay the $20.00 fee for a copy of your criminal record, my office will order your criminal history from Frankfort. We usually receive a copy of your criminal history electronically within 48 hours of submission. After we receive your history, our office will review your record to determine which, if any, criminal charges are eligible for expungement.
Step Three
My office will contact you after our review, usually within 72 hours of the submission of your contact information and payment of the criminal history fee, to discuss your case and options. Please note that if you are charged with a felony(not involving possession of a controlled substance) you are not eligible for an expungement or voiding of your felony charge.
1. If you qualify for expungement based on your record, then upon
payment of our retainer we will file a Notice-Motion-Order with the court, file the appropriate documents with the clerk's office, and secure a court date to appear on your behalf. In over 95% of my expungement cases, the client never has to appear in court. Many times I am able to work with my clients using the internet, Skype, and conference calls to resolve their cases without a court or office visit.
2. Some of our clients do not initially qualify for expungement because they have committed a relatively minor offense after they pled guilty to the charge the client wishes to have expunged. Sometimes we are able to work out an alternative resolution to the subsequent charge that will enable our client's to qualify for expungement. If the court and prosecutor agree to set aside the plea, then we will seek a dismissal of the charge disqualifying your case for expungement.
Step Four
If you qualify for an expungement, upon payment of our retainer($300.00 to $500.00 for a misdemeanor expungement), my office will prepare your court documents, file the appropriate forms with the court-including your criminal history, appear on your behalf in court, and mail you a copy of your signed expungement order.
If you are seeking the expungement of a guilty plea or finding of guilt, the state of Kentucky requires that you pay an additional $100.00 fee to the Circuit Court Clerk's Office to process your expungement.