how do i get a misdemeanor expunged in kentucky?
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Individuals who obtain an expungement certification may then file a petition for expungement with the Office of Circuit Court Clerk in the county where the original charge was filed. The expungement certification is valid for 30 days and the petition for expungement must be filed before the certification expires.
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To request an expungement, you will need to file an application or petition with the court. The petition usually has to be sent to the district attorney or prosecutor's office, as well.
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['have no pending charges.', 'have no more than 3 misdemeanor convictions in total OR, if the person has a felony conviction on his record, have no more than 2 misdemeanor convictions in total.']
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Misdemeanor Convictions. For misdemeanor convictions, you may qualify for expungement if you have completed the conditions of your sentence and five years have passed since the date of conviction. This rule also applies to Class D or Level 6 felonies reduced to misdemeanors under Indiana law.
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‍The expungement and sealing processes are nearly identical. First, you must file a petition and pay a fee with the circuit clerk in the county in which the arrests occurred or the charges were brought. If you were arrested or charged in multiple counties, then you must file a petition in each of those county.
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["1APPLY IN PERSON. You should apply at the Circuit Court Clerk's office in your Kentucky county of residence. ... ", '3COME WITH YOUR PARENT OR GUARDIAN IF UNDER AGE 18. ... ', '4PROVIDE NO PASS/NO DRIVE FORM IF UNDER AGE 18.']
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Misdemeanor Offenses: Convictions for misdemeanors that carry a maximum sentence of 30 days and/or $1000 fine may be eligible for an expungement. You must wait three years and have no other convictions in those three years before applying for the expungement/five years if the conviction is for Domestic Violence.
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The 2016 amendment increased the look back period in Kentucky from 5 years to 10 years. The amendment also now requires those convicted of DUI misdemeanor offenses must wait 10 years to expunge a DUI offense.
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Generally, people with one felony or two misdemeanor offenses can apply for expungement five years after they've completed their sentence or monitoring by the justice system. A recent study by two University of Michigan Law professors found that expungement leads to higher earnings and low recidivism rates.
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You cannot have any misdemeanor or felony convictions on your record for the five years before you apply for expungement. You must wait five years after you complete your sentence, pay any fines/ fees, or complete probation - whichever was later.
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To get your record expunged: The conviction you want to expunge must be a first offense of a misdemeanor. The misdemeanor must have a maximum possible sentence of $1000 and/or 30 days. Three years has to have passed since your conviction or five years if it was for first offense domestic violence in the third degree.
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Record expungement is when all records of your arrest, charge, or conviction are destroyed. In Pennsylvania, you can get your adult criminal record expunged by filing a Petition for Expungement with the Court of Common Pleas in the county in which the offenses occurred.
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Record Expungement in Texas If your arrest did not result in a guilty verdict, you could expunge a misdemeanor or felony criminal offense. Your criminal record is eligible for expunction if you were arrested and one of the following is true: Your charges were dismissed at trial. The court acquitted you.
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Expunging Your DUI in Kentucky Under the Kentucky Revised Statute 431.078, a DUI first conviction can be expunged. Misdemeanor charges result from a first, second or third conviction of a DUI, while more than three within a five-year period will result in felony charges. ... You have no previous felony convictions.
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In order to have a misdemeanor expunged in Ohio, a person must wait one year from the termination of the case. This would include any period of probation or fulfillment of all court orders. Further, one has to be a “Eligible Offender” as defined under ORC 2953.31: O.R.C.
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['Request an expungement certification from the Administrative Office of the Courts. ... ', 'Complete the AOC legal form Application to Vacate and Expunge Felony Conviction and file the form with the Office of the Circuit Court Clerk in the county where the conviction occurred.']
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In order to obtain an expungement, you will have to bring a court action (file a petition) in the circuit court for the jurisdiction where the charge(s) were made.