How To Expunge a DUI Conviction in Kentucky

A DUI conviction can follow you long after you’ve paid your fines, completed treatment programs, and fulfilled your legal obligations. Fortunately, under Kentucky DUI laws, you may be able to expunge your record. A lawyer can tell you how to expunge a DUI conviction in Kentucky.

Explore Kentucky expungement laws and why it’s important to hire a DUI lawyer to help with your case.

What Is DUI Expungement?

Expungement is a legal process that allows someone to have a criminal conviction erased from their public record. Once a conviction is expunged, it’s as if it never happened. This means it won’t show up in background checks for jobs, loans, or housing. You’re not legally required to disclose it in the majority of situations.

When it comes to DUI cases, expungement in Kentucky is possible under certain conditions laid out by the law. Understanding whether your conviction qualifies for expungement is the first step in clearing your record.

In Kentucky, there’s a reported 38% of adults with a criminal record. Less than 10% of those eligible for expungement actually pursue it. If everyone eligible were automatically granted expungement, approximately 572,000 residents would have a clear record.

Kentucky DUI Laws

Before we explore how to expunge a DUI conviction in Kentucky, it’s important to understand Kentucky DUI laws. These laws are designed to penalize impaired drivers and deter repeat offenses.

In Kentucky, you may be convicted of a DUI if:

• Your blood alcohol concentration is 0.08% or higher.
• You are under the influence of alcohol, drugs, or any combination of substances that impair driving ability.
• You are under 21 and have a blood alcohol concentration of 0.02% or higher.
• You have a commercial driver’s license and a blood alcohol concentration of 0.04% or higher while operating a commercial vehicle.

Penalties for DUI convictions increase based on prior offenses, whether aggravating circumstances were present, and whether bodily harm occurred. Aggravating circumstances can include instances of excessive speeding or having a child in the car.

Can a DUI Be Expunged in Kentucky?

A DUI can be expunged in Kentucky, but only under certain circumstances. First-offense misdemeanor DUI convictions in Kentucky may be eligible for expungement after a 10-year waiting period from the date of completion of the sentence, including probation. Conditions for this expungement include:

• It was your first DUI offense.
• At least 10 years have passed since the completion of your sentence, including probation.
• You have not had any new misdemeanor or felony convictions in the last five years.
• The offense was a misdemeanor rather than a felony.
• You are not facing current charges in any court.

Felony DUI convictions are not eligible for expungement in Kentucky at this time.

How To Expunge a DUI Conviction in Kentucky

If you believe you qualify for expungement for your DUI conviction, there are certain steps to follow in the process to have the record expunged. These steps are as follows:

Step 1. Obtain your criminal record. Before filing anything with the court, you must obtain a certificate of eligibility from the Kentucky State Police. This verifies whether you are eligible to file for expungement. You’ll pay a fee and play the Kentucky Court of Justice.

Step 2. Complete the expungement petition. Next, file a petition for expungement in the district court where you were convicted.

Step 3. Pay the filing fee. Pay the fee to file a misdemeanor expungement, payable to the Kentucky State Treasurer at 1050 US Highway 127 South.

Step 4. Serve the prosecutor. You must serve a copy of the petition to the county attorney or prosecutor who handled your DUI case.

Step 5. The judge may decide based on your paperwork, or they may set a hearing date to review the case and hear from both parties.

Step 6. If the court approves your petition, the DUI conviction will be expunged, and your public criminal record will be cleared of the offense.

Why You Should Choose Michael J. Thompson, Attorney at Law

With decades of experience in Kentucky expungement law, the law office of Michael J. Thompson, Attorney at Law, brings unmatched skill to clearing criminal records. We aim for accurate, efficient filings, while Michael J. Thompson’s trustworthy guidance helps clients reclaim their futures. Our team is committed to giving you a clean slate and new opportunities.

FAQs

Q: Can I Get My DUI Expunged in Kentucky?

A: You can get your DUI expunged in Kentucky under certain conditions. As of recent updates, a first-time DUI misdemeanor offense may be eligible for expungement 10 years after completion of the sentence or probation, provided there are no other DUI convictions or pending charges against you. You’ll need to file a petition for expungement in the court where you were convicted. If granted, the record of the DUI can be sealed from public view.

Q: How Long Does a DUI Stay on Your Criminal Record in Kentucky?

A: In Kentucky, a DUI conviction remains on your criminal record permanently unless it’s expunged. For legal and administrative purposes, a first DUI can affect sentencing for 10 years. After that period, you may petition for expungement if you meet all criteria, including a clean record during that time. However, until expunged, the DUI will continue to appear in background checks and may impact your future employment, insurance, and licensing.

Q: How Much Does It Cost to Expunge Your Record in Kentucky?

A: The cost to expunge a criminal record in Kentucky varies based on the type of offense. For most misdemeanors, including first-time DUI offenses, there is a filing fee. If the expungement is denied, you typically forfeit this fee. For felony expungements, the cost can be higher, including an application fee. Additional expenses may arise if you hire a DUI attorney to help with the process.

Q: Does a DUI Conviction on Your Record Affect Employment?

A: Yes, a DUI conviction on your record can affect your employment, especially if it is a felony conviction. If you seek employment where driving is a primary part of the job, an employer may not hire you because of the DUI on your record. Furthermore, you could lose any licenses you have, making it difficult to find substantial employment.

Hire a DUI Lawyer From Michael J. Thompson, Attorney at Law

If you want to learn more about how to expunge a DUI conviction in Kentucky or need help determining your eligibility, reach out to the law office of Michael J. Thompson, Attorney at Law. Contact us today to schedule a consultation and let us work to get your record cleared and protect your rights under Kentucky DUI laws.