Apparently I should have made this post before the “How to
do an Expungement from Beginning to End” post.
My b.
An expungement is when a Judge orders that your criminal
history be erased. Specifically, it
means that the Kentucky State Police, the Administrative office of the Courts,
and the Court clerk are ordered to destroy all record of a particular charge or
piece of your criminal history. So if
someone tries to look up your record, anything that has been expunged, will not
be found.
What gets erased: It’s important to note that only the
charges that are ordered to be expunged get erased. For example, let’s say you had a Marion
County DUI conviction in 2001, and a Jefferson County Assault conviction in
2009.
If you petition the Court in Jefferson County for an
expungement, the Court may grant your motion, but that doesn’t mean your record
is CLEAN. You would still have a DUI
from 2001 on your record, and you would need to do a separate (and subsequent –
more on that in a bit) petition for expungement in Marion County.
The Marion County expungement would have to be done second because
your record needs to be clean since the conviction you want to get expunged. If you tried to do the Marion County case
first, a Judge would say, “No – you’ve had a new assault charge since then.” So they have to be done in order, and you
have to work backwards.
It’s also important to know that a DISMISSAL does not mean
EXPUNGEMENT. If you have a good lawyer
who argues your case and gets some charge dismissed, it is still on your
record. Your record would show that you
were charged with that offense, and that the offense was later dismissed. But it would still exist as a part of your
record. Dismissed does not equal
erased. Expunged equals erased.
Don’t do an expungement yourself. It gets complicated. Call me, Greg Simms at 502-618-4949 for a
free consultation. Expungements are
relatively cheap to have done, and they can be done quickly. So don’t hesitate to call. My door is always open.
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