Expungements

“Removing The Past for a Better Tomorrow”

Basics on Criminal Expungement

Expungement is the process of going to court to ask a judge to seal a court record. It is important to remember that an expunged record is NOT destroyed. The police, FBI, immigration officers, and other public officials may still see sealed court files for certain purposes. Usually, people ask for an expungement when they have been denied a job, housing, or a professional license because of their criminal background.

I. General Expungement Questions

I. General Expungement Questions

What is an expungement?

An expungement is a legal process where the petitioner or attorney asks the court to seal court records and arrest information. People seek expungements in order to obtain employment or housing.

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I’ve never heard of an expungement before. Is this legal?

It is not uncommon for people to be unaware of expungements. Kentucky statutes allow certain offenses, after a certain amount of time, to be expunged. Any charge that was dismissed or for which you were found not guilty may be expunged as well. Each state has different statutes concerning expungements, and you must apply for an expungement in the state in which you were convicted.

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Who may file for an expungement?

There are two types of person who can file for an expungement:

(1) A person who has been convicted of a misdemeanor or violation, or a series of misdemeanors or violations arising from a single incident,

and;

(2) A person who has been charged with a criminal offense and who has been found not guilty of the offense, or against whom charges have been dismissed with prejudice, and not in exchange for a guilty plea for another offense.

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Why file for an expungement?

Once an expungement is granted, all records relating to the arrest, charge or other matters linked to the case are sealed. People frequently seek an expungement for employment purposes or to erase their past.

If the service cannot be provided you would be issued a full refund. Some States have certain laws on what is allowed to be expunged and what is not allowed.