The state of Kentucky takes driving under the influence (DUI) seriously. In some cases, DUI charges are eligible for expungement. The process for northern Kentucky DUI expungement varies from case to case with two distinct conditions. The first is an arrest that does not result in a conviction or guilty plea. The second is a first time arrest or conviction without any previous criminal behavior. In all cases, the court has the authority to grant or decline the expungement request.
As of July 15, 2016, the Kentucky General Assembly passed House Bill 40 updating the process for expunging Class D felony convictions. Northern Kentucky Criminal DUI Expungement applies to the following Kentucky Revised Statutes.
KRS §431.076 – criminal records …show more content…
Because this action may require a hearing, it is in your best interest to meet with an experienced attorney to discuss your case. Something to keep in mind, driving charges may affect applying for a commercial driver’s license or employment requiring a good standing driving record. Traffic offenses generally, remain on your driving record for three years and on your criminal records until the charges are expunged.
Northern Kentucky DUI Expungement
DUI expungement laws in Kentucky vary from other states. The state of Kentucky has a ten-year washout period. The ten years is calculated from one offense date to another. If you had a DUI up to ten years ago, this recent DUI is a repeat offense. Penalties include fines, jail time and rehabilitation and license suspensions, along with community service all escalate with each occurrence.
It is important to understand the significance of the sentencing. For example, a first time DUI offense is charged and sentenced with specific penalties and two years of probation. The sentencing requires no offenses over the next five years. The waiting period to file an expungement petition is seven …show more content…
Depending on the circumstances, which include conviction of a felony or pending another charge, the court may waive the two-year expungement waiting period.
Northern Kentucky Criminal DUI Expungement
Most felonies are not eligible for expungement. The recent revision of House Bill 40 may allow your attorney to defend your case based on a first time offender’s program. Depending on the evidence provided past history of behavior - the case would legally be court ordered as dismissed-diverted. Your chances of being granted an expungement increases with this conclusion. There are two Diversion programs in Kentucky; one for misdemeanors and one for felonies. The statutes guide the felony program to Class D and non-violent offenders. The state’s prosecutor of federal crimes known as the Commonwealth’s Attorney must agree. Next, the Probation Department needs to conduct a pre-sentence investigation. The request may be eligible for entry into the program or denied. If denied your attorney can challenge the decision or withdraw the case and consider another
As of July 15, 2016, the Kentucky General Assembly passed House Bill 40 updating the process for expunging Class D felony convictions. Northern Kentucky Criminal DUI Expungement applies to the following Kentucky Revised Statutes.
KRS §431.076 – criminal records …show more content…
Because this action may require a hearing, it is in your best interest to meet with an experienced attorney to discuss your case. Something to keep in mind, driving charges may affect applying for a commercial driver’s license or employment requiring a good standing driving record. Traffic offenses generally, remain on your driving record for three years and on your criminal records until the charges are expunged.
Northern Kentucky DUI Expungement
DUI expungement laws in Kentucky vary from other states. The state of Kentucky has a ten-year washout period. The ten years is calculated from one offense date to another. If you had a DUI up to ten years ago, this recent DUI is a repeat offense. Penalties include fines, jail time and rehabilitation and license suspensions, along with community service all escalate with each occurrence.
It is important to understand the significance of the sentencing. For example, a first time DUI offense is charged and sentenced with specific penalties and two years of probation. The sentencing requires no offenses over the next five years. The waiting period to file an expungement petition is seven …show more content…
Depending on the circumstances, which include conviction of a felony or pending another charge, the court may waive the two-year expungement waiting period.
Northern Kentucky Criminal DUI Expungement
Most felonies are not eligible for expungement. The recent revision of House Bill 40 may allow your attorney to defend your case based on a first time offender’s program. Depending on the evidence provided past history of behavior - the case would legally be court ordered as dismissed-diverted. Your chances of being granted an expungement increases with this conclusion. There are two Diversion programs in Kentucky; one for misdemeanors and one for felonies. The statutes guide the felony program to Class D and non-violent offenders. The state’s prosecutor of federal crimes known as the Commonwealth’s Attorney must agree. Next, the Probation Department needs to conduct a pre-sentence investigation. The request may be eligible for entry into the program or denied. If denied your attorney can challenge the decision or withdraw the case and consider another