In Kentucky, a domestic violence conviction can have lasting effects on a person’s life. It can limit job opportunities, restrict housing options and even affect other basic rights.
Fortunately, Kentucky law provides a way to remove certain convictions from a criminal record. Understanding this expungement process will help you determine if your circumstances are eligible.
How does expungement work in Kentucky?
The Kentucky expungement process allows for the sealing of certain misdemeanors and Class D felonies. However, domestic violence convictions present specific challenges. Under Kentucky law, a person cannot expunge a conviction if it involves a violent offense. Domestic violence often falls under this category, which can make expungement difficult or impossible.
When is a conviction eligible for expungement?
To qualify for expungement, your conviction must meet several requirements. You must have completed all terms of your sentence, including any probation or parole. You must also wait a specific period before applying for expungement. For misdemeanors, this period is five years from the completion of the sentence. For eligible Class D felonies, the waiting period is five years after the completion of the sentence and a ten-year period without any further convictions.
How do the rules of expungement apply to domestic violence convictions?
Even when a domestic violence conviction qualifies for expungement, it still requires approval from the court. The court will review the case and consider factors such as the severity of the offense, the impact on the victim and the applicant’s behavior since the conviction. The court has the discretion to deny the request if it determines that expungement is not in the public’s interest.
How can I improve my chances for expungement?
It is important to understand that the expungement of a domestic violence conviction is never a guarantee. Certain offenses, especially those classified as violent, may permanently remain on a person’s record. However, the court will make decisions based on the public’s best interests. You can improve your chances of expungement by maintaining a clean record and demonstrating positive community involvement. These actions can sway the court’s opinion that you are a more valuable asset to society without a criminal record holding you back.
By meeting the necessary criteria and following the legal process, it may be possible to remove a domestic violence conviction from your criminal record. A brighter future is possible if you practice patience, persistence, and a willingness to overcome a burdened past.
