Is My Case Eligible for Expungement?

Is My Case Eligible for Expungement?

Are you eligible for expungement? Good question!

Expungement is a court-ordered process by which the legal record of an arrest or certain criminal convictions can be sealed. Arrest records and convictions not expunged will show up on background checks and affect potential employment and educational opportunities, as well as your options for credit.

In some instances, if you were convicted of a Class D felony from a single incident, or have received a full pardon, you may file for expungement. Examples of Class D felonies potentially eligible for expungement include, among others, theft crimes, crimes involving forgery, certain controlled substance crimes, eavesdropping and bribery among others. Contact Attorney Christopher A. Spedding at 859-255-0050 or to see if your case is eligible for expungement.

Expungements for criminal convictions may be filed no sooner than five (5) years after the completion of your sentence or five (5) years after the successful completion of your parole or probation, whichever occurs later.

Chris Spedding, Criminal Defense Attorney, Lexington Kentucky

After a background check is completed and the application and filing fee are submitted, the Circuit Clerk in the jurisdiction of your arrest or conviction will notify the prosecutor of your case. The prosecutor will have up to 120 days to respond to your application. If the prosecutor does not file a response, or have an objection to your expungement, the court will set a date for a hearing.

The court can expunge the previous judgment with prejudice if:

  • You had not previously had a felony conviction vacated and the record expunged;
  • You had not, in the five (5) years prior to applying for this expungement, been convicted of a felony or a misdemeanor; and
  • No proceeding is pending concerning a felony or misdemeanor.

Additionally, misdemeanors, violations and traffic infractions can be eligible for expungement.

Contact Christopher A. Spedding, Attorney at Law, at 859-255-0050 to see how he can help with your expungement.

About The Author

After graduating from the University of Louisville School of Law, I began practicing in Louisville where I remained for 14 years. I've now been practicing law for more than 20 years and have a passion for the law. I handle each case personally and mount the most effective defense for my criminal clients. I also draw on my experience in the auto industry when representing my auto clients. Remember, bad things happen to good people. When you find yourself involved with the government in a criminal case or dealing with one of the many issues involving the auto business, I bring a unique perspective and body of knowledge to the situation to assist my clients.