Hi I live in Kentucky and am looking into getting my record expunged. I had a DUI and possession of alcohol by a minor in 1998 and a 2nd DUI in 2002. The expungement form says: the defendant has not been convicted of any other misdemeanor or violation offense within the 5 years prior to the conviction sough to be expunged, the defendant has not since the time of the conviction sought to be expunged , been convicted of a felony, misdemeanor, or a violation. I was wondering if there is maybe one of the charges I can get expunged or if there is some way around it.
1 Answer from Attorneys
A DUI 1st conviction can be expunged, as long as the following conditions are met (KRS 431.078):
1. The person had no previous felony conviction;
2. The person had not been convicted of any other misdemeanor or violation offense in the five (5) years prior to the conviction sought to be expunged;
3. The person had not since the time of the conviction sought to be expunged been convicted of a felony, a misdemeanor, or a violation;
4. No proceeding concerning a felony, misdemeanor, or violation is pending or being instituted against the person; and
5. The offense was an offense against the Commonwealth of Kentucky.
Once you've had another conviction or violation (and that's any violation, even traffic matters), after a conviction, you cannot get the charge expunged. So you cannot get the 1998 charges expunged because you had a later DUI. You also cannot get the 2002 charge expunged, because it came 4 years after the first charge.
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