DUI ExpungementThe state of Kentucky takes driving under the influence (DUI) or driving while intoxicated (DWI) seriously. Sometimes, DUI charges are eligible for expungement. Northern Kentucky DUI expungement varies from case to case with two distinct conditions. The first is an arrest that does not result in a conviction or guilty plea. The second is a first time arrest or conviction without any previous criminal behavior. The court is the authority to grant or decline the petition. As of July 15, 2016, the Kentucky General Assembly passed the House Bill 40. The Bill updated the expungement process for Class D felony convictions. Northern Kentucky Criminal DUI Expungement applies to the following Kentucky Revised Statutes.
- KRS §431.076 – criminal records of not guilty or dismissal of charges
- KRS §431.078 – misdemeanor, violation or traffic infractions dismissed or amended.
Northern Kentucky DUI ExpungementDUI expungement laws in Kentucky vary from the other states. The state of Kentucky has a ten-year washout period. The term washout is a statute of limitations. The ten year is calculated from one offense date to another. If you had a DUI within the ten-year period, this recent DUI is a violation. Penalties include fines, jail time, treatment for rehabilitation and license suspensions. Community service along with escalated penalties accompanies each DUI occurrence. It is important to understand the significance of the sentencing. For example, a first time DUI offense sentence includes penalties according to the level of charges. Added to the sentencing is two years of probation with a five-year requirement of no addition offenses. The total waiting period in this example is seven years to file an expungement petition. Juveniles charged with misdemeanors must complete the court supervision requirements to qualify for expungement.
- There may also be a two-year probation imposed. The court may waive the two-year probation with good behavior – after completing the sentence.
Northern Kentucky Criminal DUI ExpungementMost felonies are not eligible for expungement. The recent revision of House Bill 40 may allow your attorney to defend your felony case, based on the first time offender’s program. Depending on the evidence and history, the court could order a dismissed-diverted. Your chances of being granted an expungement increases with this conclusion. There are two Diversion programs in Kentucky. One program is for misdemeanors and the other is for felonies. The statutes guide the felony program for Class D and non-violent offenders. The state’s prosecutor of federal crimes known as the Commonwealth’s Attorney must agree to move to the next step of process. The Probation Department will conduct a pre-sentence investigation before approval. If denied, your attorney can challenge the decision. Alternatively, you may choose to withdraw the case and consider other tactics.
- Criminal DUI expungements are eligible only if the person completed the imposed sentence. In most cases, probation with no added criminal charges is mandated.