There are many reasons why background checks are performed. Individuals might be applying for a new job, requesting a bank loan, volunteering with youth, and so on. If you want to ensure your record is clean and not miss out on an opportunity because of a misdemeanor from long ago, it’s possible the offense can be expunged.
What Is Expungement?
Expungement is a court-ordered process in which the legal record of an arrest or a criminal conviction is “sealed” or erased in the eyes of the law. In most cases, no record of an expunged arrest or conviction appears if a potential employer, educational institution, or other company conducts a public records inspection or background search of an individual’s criminal record.
The procedure for getting an arrest or conviction expunged, as well as which type of arrests and records may be expunged, vary by state and even by county. But in many instances, an unlimited number of misdemeanors can be expunged.
Is My Misdemeanor Eligible?
By Kentucky law, for a misdemeanor offense to be expugnable, it must be, among other things:
- More than five years old
- Not a form of public corruption
- Not a sex offense
- Not an offense committed against a child
Additionally, an individual must not have been convicted of a misdemeanor or felony in the previous five years, and there cannot be a felony or misdemeanor currently pending against them. The procedure for expungement normally begins with the filing of a petition with the court. Keep in mind that it can take up to one year to complete the process and for your record to be cleared.
In certain non-violent felony cases, there’s also the possibility of expungement.
If you want to know more about having your criminal record expunged, seek legal counsel to help you through the process. With the right guidance and documentation filing, it’s usually worth the effort and could make all the difference for your future endeavors.
Do You Need to Speak to an Experienced Central Kentucky Attorney?
For nearly half a century, Skeeters, Bennett, Wilson & Humphrey has been one of the most respected firms in the region for providing individuals with the essential financial and legal knowledge they need to thrive. We serve clients throughout Central Kentucky, including Hardin County, Meade County, LaRue County, Breckinridge County, and Grayson County. Please contact our office to schedule a consultation.