The Expungement Process in Kentucky
How an Expungement Lawyer Can Help You
There are many misconceptions about expungement. I often hear from people who believed their criminal charges would automatically drop off their records if the charges were dismissed or after a certain amount of time had passed.
Expungement is no different from any other civil or criminal pleading. You can file for divorce, defend yourself on a murder case or file an expungement without an attorney. That is your constitutional right. However, the Kentucky of Administrative Office of the Courts recommends you consult an attorney to help navigate the expungement law. There are multiple pleadings and various statutes on filing to expunge a dismissed case, a misdemeanor case, a felony case and an unindicted case. In addition, there are different requirements for each pleading and specific arguments an experienced attorney would make. Finally, there are 120 Kentucky Circuit Court Clerks offices. Many clerks process pleadings differently, adding to the confusion.
Even in cases where the prosecution and Kentucky State Police object to expungement, an experience expungement attorney may be able to convince the court that the information the prosecution or K.S.P. relied on is invalid. In addition, there are certain other laws that may help a client become eligible for expungement. Finally, because Felony Expungement is discretionary with the court, it is important that the petitioner understand both the law and the arguments that are convincing to the Court in granting this judicial grace.
I’m Benham Sims, Attorney at Law, a Louisville attorney with decades of experience in Kentucky’s criminal courts. I am here to answer your questions and walk you through the expungement process. Contact me to discuss your charge and to learn more about the expungement process in Kentucky. My initial consultation is free.
Your Expungement Hearings — I Do The Work
Your hearing date will likely be four to six weeks after the expungement motion has been filed. I will appear on your behalf in court without you having to appear.
Most of my clients don’t have to deal with the hassle of navigating through the state’s largest and busiest court system. I will secure your criminal record, file your motion and argue your case.
At the first hearing, the court will either grant or deny the motion. The court may also provide the county attorney with the opportunity to review your record, thus postponing a ruling on the hearing for several more weeks. On the date the expungement is entered, I will secure a copy and mail a stamped copy of the order to you.
My Final Recommendation
I recommend that you secure a copy of your criminal record four to six weeks after the expungement order is signed by the judge to verify the expungement has occurred. You may obtain a copy of your criminal record from the Kentucky Administrative Office of the Courts or the Kentucky State Police.
Unfortunately, it has been my experience that expungement orders are not always sent and acted on by the reporting agencies. It is critical that you keep a copy of the order for your files and confirm that the order was entered by the reporting agencies. If your criminal record has not been expunged in four to six weeks, please call my office.