From a serious conviction to a simple arrest, an array of details remain on your criminal record without the help of expungement. These records have the potential to hurt your chances at finding work and they can be detrimental to future educational opportunities. If you are seeking information on Kentucky expungements, it may help you to know what an expungement cannot do.
While an expungement may clear a class-D felony, it will not clear felony classes A through C from a criminal record. There is a list, though, of felony charges that are eligible for expungement. If your felony charge is not on that list or if you have criminal charges against you that are currently pending, you are not eligible for expungement. The list, which is quite exhaustive, includes the following:
- 3rd-degree burglary
- 2nd-degree forgery
- 1st-degree possession of a controlled substance
- Theft and varying forms of theft
- Marijuana cultivation
Additionally, you can expunge more than a single class D felony conviction depending on the details of your case.
While you may attempt to clear an unlimited amount of misdemeanors from your record, you must wait at least five years from the completion of your sentence before doing so. In the case of a DUI, however, the waiting period is 10 years. Note that if there are fines associated with your sentence, you must also pay those prior to applying for expungement. Furthermore, as is the case with felonies, you cannot have a misdemeanor expunged if there are pending criminal charges against you.