Expungement is the legal process by which a person’s previous criminal charges are cleared from their record. If you are seeking a Florence expungement lawyer in order to remove previous charges from your public history, you may have questions about eligibility.

The law has different requirements for expungement depending on the type of charge. An experienced criminal defense attorney could help you understand these differences and determine if expungement is a good next step for your situation.

Benefits of Expungement

When previous charges are expunged, these incidents are sealed from public view. This move can have positive impacts on a range of important situations, including job prospects, housing access, financial aid for education, and better legal outcomes in any future situations.

Many people seek expungement with the help of an attorney in Florence for peace of mind and to have a record that reflects their current reality.

What Can Be Expunged?

Kentucky law has a variety of statutes that apply to expungement of different kinds of prior offenses. Each type of offense has its own requirements for eligibility, and a knowledgeable Florence expungement attorney could help you determine whether your record qualifies.

Misdemeanors, Violations, and Traffic Infractions

Under Kentucky Revised Statutes 431.078, most misdemeanors, violations, and traffic infractions can be expunged from a person’s record five years after completion of any penalty or probation. The person requesting expungement cannot have any pending charges.

Felony Expungement

Certain felony charges can be expunged in the Commonwealth of Kentucky. Typically, this is reserved for non-violent Class D felonies such as drug possession or theft. The request must be made five years after completion of any penalty or probation for the charge and requires a filing fee (KRS 431.073). There can also not be any pending charges against the requester. Under most circumstances, an individual can only apply for this kind of expungement once in their lifetime.

Denials of Expungement

While expungement may seem straightforward, there are many reasons that the request could be denied. Some requesters do not fully understand their eligibility, and it can be a costly and time-consuming process to attempt expungement only to find that they do not qualify. In other situations, missing documents or incomplete filing fees can cause the request to be denied. An expungement lawyer in Florence can often help avoid these frustrating delays by completing the expungement request with careful attention to all requirements.

In some cases, it is possible for a judge to deny an expungement request at their discretion. This might occur if the judge believes there is not enough evidence of rehabilitation or if the details of the original crime lead the judge to determine expungement is not in the public interest.

Expungement Lawyer Expertise

The best way to ensure a successful expungement request is to work alongside an experienced attorney dedicated to making the case go smoothly. An attorney can help the requester gather evidence of rehabilitation (such as employment, education, and volunteer work), verify the timeline, and accurately complete all documentation while addressing all eligible charges.

Reach Out to an Expungement Lawyer

If you are seeking to expunge past criminal charges from your public record, it is in your best interest to work alongside a dedicated Florence expungement lawyer. The process can be tedious, and small errors can lead to denials. An attorney can make sure that your request is thorough and accurate, making a successful outcome more likely.

Contact us today to schedule a confidential consultation and take the first step toward clearing your record.

Busald Funk Zevely PSC

Busald Funk Zevely PSC
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