Examples of famous expungements are a bit like unicorns.
Since the whole point of expungement is to eliminate any evidence or record of the criminal history of a case, there’s no way to prove the existence of a famous legal transgression once it has been deleted. When an expungement is granted, the person whose record is expunged may, for most purposes, treat the event as if it never occurred. This should not be confused with a pardon, which constitutes forgiveness, not erasure. Additionally, pardons are granted by those in the executive branch, while expungements are granted by judges.
A criminal record can carry lifelong consequences. Whether you have been arrested, convicted, or both, come to the Kentucky defense attorneys at the Carman Law Firm to discuss your expungement options. The founder and managing partner of our firm, Dan Carman, has wide-ranging experience from when he served in the United States Marine Corps as defense counsel, prosecutor, legal assistance attorney, and in-house counsel for an infantry battalion. This background gives him a valuable understanding about both sides of the legal process, which can be very beneficial to his clients. He knows how the Kentucky Criminal Justice system operates and will personally handle your case each step of the way.
All charges appear on record, whether they were minor or major, whether they were dismissed or resulted in conviction. Many people are prompted to seek expungement after learning that their past criminal charges were discovered by potential employers during background checks and were the reason for not being hired. Kentucky law allows an expunged charge to be hidden from criminal record reports and goes one step further by providing that a person whose record is expunged does not have to disclose that fact on an application.
The state does not allow all charges to be expunged. Offenses committed against a child, sex offenses, serious felonies, federal charges generally, out-of-state charges, charges with pending legal proceedings and charges for which the offender is still on probation are not eligible for expungement. Under current law, violations, misdemeanors, and felonies that were dismissed or ended in acquittal can be expunged 60 days after dismissal or acquittal. Violation and misdemeanor convictions can be expunged five years after the sentence is served or after probation is completed, whichever occurs later.
A person’s first conviction for possession of a controlled substance, first conviction for a diversion-eligible offense, or any conviction for possession of marijuana, synthetic drugs, or salvia can apply for expungement or move for the voiding and sealing of the conviction almost immediately after completion of sentence (treatment, payment of fine, probation, etc.). Juvenile misdemeanors or violation convictions, status offenses, and mental health issues are eligible for expungement two years after ending of the court’s jurisdiction or unconditional release.
Laws change all the time; and in a show of support for second chances, Governor Bevin recently signed a bill that will take effect in July 2016 allowing some Class D felonies to be cleared from criminal records five years after a sentence is completed. The new policy applies to 61 Class D non-violent felonies, which constitute about 70 percent of Class D felonies committed. The offenses covered include failure to pay child support, possession of a controlled substance, third-degree burglary, prescription forgery, theft, and many others. No expungement is automatic; it must be applied or “petitioned” for and a court must rule on whether or not to grant it.
We Can Help
There are certain mistakes that unfairly operate as the reason for someone’s being passed over for a job, denied a loan, or refused other privileges. It can be hard to be a contributing member of society when it feels as though you have served your time and are still being punished, or as though you are being punished unfairly when you were acquitted or had charges against you dismissed. Expungement is a process worth your time, but it is a complicated one that is better navigated with the help of a lawyer.
An advocate in your corner who will thoroughly review and investigate your situation can make all the difference. The Lexington-based Carman Law Firm has the knowledge and experience necessary to determine your eligibility to have your arrest and court files erased. KY expungement lawyer Dan Carman provides aggressive representation with proven results to clients throughout the state in communities such as Richmond, Winchester, Georgetown and Nicholasville. A native of Lexington and a graduate of the University of Kentucky College of Law, Dan is dedicated to helping those in his community who may find themselves struggling with their past. Contact him today by calling (859) 838-1415 or filling out this online contact form.