DUIs can carry harsh penalties in Kentucky, but they do not have to result in long-term damage to your record. A criminal offense can affect your car insurance and employability, but luckily there are options to keep this from happening.
Kentucky citizens who are convicted of a misdemeanor or a series of misdemeanors can petition the court for expungement of the record. The petition is to be filed no sooner than five years after the completion of the person’s sentence or five years after the completion of the person’s probation, whichever occurs later.
Filing a petition
When you file a petition, the court sets a date for a hearing, which is no sooner than 30 days after the filing. The county attorney is notified, as well as any victims if applicable. Any other person whom you have reason to believe may have relevant information related to the expungement is also notified. The inability to locate a victim will not delay a hearing.
An expungement is typically granted if you have not been convicted of another felony or misdemeanor during the five-year period or as long as the offense is not one subject to enhancement for a second or subsequent offense. In Kentucky, DUI offense enhancements look at a five-year period, so as long as you haven’t received another DUI within five years, expunging the record should be an option.
If you would like to petition for your records to be expunged, you can work with a criminal defense attorney who can help build your case for the hearing and allow you to return to your normal life.