Legal Question in Criminal Law in Kentucky

Felony expungement

My husband received a felony drug charge at the age of 18 away at his college in Bowling Green, KY. He was told to complete a drug program and come back in to the judge and 'he'd take care of the charge.' Well now he has completed the program and probation with no other problems but that judge is gone. The courts wont even pull the case and try to help with what that judge promised - Now my husband feels like he will never be able to anything with this conviction. How can we expunge?


Asked on 10/04/07, 2:01 pm

1 Answer from Attorneys
Philip Owens Philip M. Owens, Attorney at Law

Re: Felony expungement

You need to consult an attorney. The Court speaks through its records and if the Court made some sort of special provision, then it will be in the file. If it was omitted in the record, then the plea agreement should set it out. A felony record cannot be expunged. It the case was diverted, then it should be dismissed after the diversion period. The plea agreement and judgment controls. If the Commonwealth Attorney agrees with you, then there may be something. I don't think that you can do this yourself. Get help. There are too many things that happen here that a layman cannot do.

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Answered on 10/04/07, 2:37 pm


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