Expungement Attorney in Frankfort, Kentucky
Having a criminal record can feel like a constant storm cloud, always there reminding you of past mistakes. But we believe in second chances. At Apollo Law PLLC, we're committed to helping you get the fresh start you deserve through expungements.
From our office in Frankfort, Kentucky, we help clients throughout the state — including Franklin County, Scott County, Anderson County, Shelby County, Stamping Ground, Peaks Mill, Woodlake, Millville, Bridgeport, Bellepoint, Christianburg, Shelbyville, Harrisonville, Alton, and more — clear the records, with the goal to give them a fresh start. Reach out to us today to schedule a consultation.
What Is Expungement?
Expungement is your ticket to a clean slate. It's a legal process that effectively wipes away certain arrests, charges, or convictions from your public criminal record. However, let's be clear — it doesn't erase the fact that these incidents occurred. Rather, it shields them from public view. This means that you can legally answer 'NO' when asked about any past convictions on application forms. It's crucial to understand that expungement is not available for all offenses and eligibility criteria must be met. That's why we're here to navigate these complexities and guide you through the process.
Who Is Eligible for Expungement?
In order to be granted an expungement, there are certain eligibility criteria that must be met, including the following:
You don't have any current criminal charges.
You haven't had any misdemeanor or felony convictions in the last 5 years before applying for expungement.
It's been 5 years since you finished your sentence for the charge you want to expunge, including paying all fines.
All enhancement periods are over. This applies to misdemeanors by law, but not felonies. However, it might be factored in when granting a felony expungement.
The charge you're looking to expunge is an eligible Misdemeanor or Class-D felony and isn't specifically excluded.
For misdemeanors, you can apply to expunge as many as you want as long as there aren't any current charges, there were no convictions in the past five years, you've waited five years after completing the sentence, and there aren't any sexual based offenses or offenses against minors, and the application isn't within the enhancement period.
For felonies, you'll need to have no charges pending, be five years clear of record (excluding violations, traffic infractions, and non-convictions), five years from the completion of a sentence including fines, and they must be eligible class-D felonies. All felony expungement is discretionary.
Benefits of Expungement
There are lots of perks with an expungement. Once your record is cleared, you can legally deny having a conviction when asked on applications. This can significantly boost your chances of landing a job since many employers run background checks. If all felonies have been expunged, you might also get your voting rights back. More than anything, expungement offers peace of mind and a chance for a new beginning. By clearing your record, you take back control over your future.
Speak with a strategic criminal defense attorney to determine your options.
The Expungement Process
Let's talk about the expungement process in Kentucky, step-by-step. Now, this might feel like a lot, but don't worry, I'm here to guide you through it:
Filing for a Certificate of Eligibility: Apply for a certificate through the Kentucky Court of Justice. They'll ask for details about your conviction, such as when it happened, what the charge was, and where you were convicted. After you submit, they'll review your application. If it's approved, they issue a Certificate of Eligibility. This basically verifies that you meet the basic requirements for expungement. But remember, getting the Certificate doesn't mean you're home free. It's just the first step in the process, and it costs $40 to request.
Filing Documents: Once you've got your Certificate of Eligibility, you need to file the necessary paperwork with the court in the county where you were convicted. You have 30 days to do this once you get your certification packet.
Paying the Expungement Fee: In Kentucky, it's $100 to expunge a misdemeanor, violation, or traffic offense. If the expungement is denied, you get $50 back. If you're looking to expunge a felony, it's a $50 non-refundable filing fee and then, if it's granted, you owe a $250 expungement fee. These fees can change and might vary depending on certain factors, so it's a good idea to check the current fees at your local court or official government website. It's a hefty amount, but the benefits an expungement can bring are often worth it.
Waiting for a Decision: After you've submitted your documents, there's a waiting period while the judge considers your request. It's important to be patient during this time.
If a Hearing Is Granted: Sometimes, the prosecutor might oppose the expungement. If that happens, there's a hearing in 120 days, and you'll need to prove three things: that the expungement keeps public safety and welfare, you've been rehabilitated and are law-abiding, and it furthers justice.
Responding to the Judge's Decision: Once the judge makes a decision, you'll be notified, usually by mail. If your expungement is granted, your criminal record for that conviction is sealed from public view, and you can start enjoying the benefits of a clean slate. If it's denied, don't lose hope. You can appeal the decision or reapply after a certain period of time.
Just a heads up: convictions are never automatically expunged. Only acquittals and dismissals with prejudice that occur after July 2020 are automatically expunged. Because of this, in order for something to be expunged, you have to take the first steps towards expungement.
Expungement Law Attorneys Serving
At Apollo Law PLLC, we're not just expungement attorneys. We're your advocates, your guides, and your partners in this journey. We've helped countless folks in Frankfort and throughout Franklin County turn the page and start fresh. Don't wait. Let us help you clear your criminal record and secure a brighter future. Reach out and let's take the first step together.