Legal Question in DUI Law in Kentucky

Driving under the Influence

if you are under 21 and get a dui will it be sealed once you turn 21?


Asked on 8/22/08, 8:54 pm

1 Answer from Attorneys

Thomas McAdam Thomas A. McAdam, III, Attorney

Re: Driving under the Influence

Generally speaking, you must wait 5 years before

filing a motion in court requesting an expungement.

There is no automatic expungement in Kentucky.

Juvenile offenses are not open to public inspection, but your conviction was when you were an adult.

The Kentucky Department of Transportation will remove your conviction and "points" from your driving record, automatically, after 5 years; but your arrest will remain in police files, and your conviction will remain in court records, until expunged by a court order.

Kentucky law provides for the expungement of certain crimes,with certain limitations.

There are several Kentucky laws which may apply to your situation:

KRS 510.300 Expungement of Criminal record.

KRS 431.078 Expungement of misdemeanor and violation conviction records.

KRS 431.076 Expungement of criminal records for those found not guilty of crimes

KRS 313.600 Request to expunge minor violations from permanent record --

KRS 311.275 Request to expunge minor violations from permanent record --

KRS 17.142 Segregation of criminal records.

You can review these statutes on the web at: http://www.lrc.ky.gov/Statrev/frontpg.htm

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Answered on 8/23/08, 4:12 pm


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