Criminal charges or convictions will show up on a background check.  This is a significant concern for many people because it could cost them opportunities in the future. Luckily, attorneys can petition a judge for an expungement to clear your criminal record. Before contacting any lawyers, you should understand how this process works.

What to Know About Expungements

How does an expungement work?

Expungement orders direct the court clerks, and specific state agencies, to destroy the expunged records and treat them as if they never happened. The records will not appear on background checks, and people may deny that the events ever occurred.

Do charges come off a record eventually?

While many people believe that criminal charges and convictions eventually disappear from your record, they will remain there permanently. This includes any charges that the court drops or dismisses. Expungement is the only way to permanently remove these records from your criminal history.

What criminal activity can you expunge?

In Kentucky, misdemeanors are the easiest to dismiss from your records through the expungement process, but felonies are challenging. Some of the least severe felony convictions, Class D felonies, are the only ones that the court allows you to expunge. However, if you are successful, you’ll receive full voting rights again. You can also receive an expungement if the governor pardons you for the crimes.

When can you file a request?

You can’t receive an expungement if you still have criminal charges against you. If the conviction already happened, you must wait at least five years before applying to remove them from your record. You must also complete your sentence, pay all fines, and complete probation—if the courts order it. If you meet these requirements, you can submit an expungement certification request online.

 

If you have a criminal record that is eligible for an expungement, contact the attorneys at Gess Mattingly & Atchison, P.S.C. in Lexington, KY. For more than 60 years, this local criminal and family law office has been helping residents with everything from civil litigation to estate planning. They have the experience and knowledge to help guide you through the expungement process so that you can submit criminal background checks stress-free. Schedule a consultation by calling (859) 252-9000 or learn more about their services online.