If you pled guilty to DUI you must now wait 10 years after your sentence or probation (whichever is longer) to expunge you DUI misdemeanor conviction. DUI felony convictions are not eligible for expungement.
In 2016, the Kentucky General Assembly passed and the Governor signed into law Senate Bill 56. This Bill substantially enhanced penalties for subsequent DUI offenses. 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.
Kentucky defense attorneys challenged the law as unconstitutional, but the Kentucky Supreme Court ruled in Commonwealth v. Jackson and Commonwealth v. Denson, (2016-SC-000530 and 2016 SC 000531):
"a plea entered without knowledge of unanticipated and unforeseeable consequences that may not become manifest for many years does not have the constitutional significance of a plea entered without knowledge of its immediate foreseeable consequence, or an ignorance of fundamental rights to remain silent, to a jury trial and to confront witnesses."
In other words, The 10 year look-back is now law.
The court must make a determination that the DUI misdemeanor expungement petition has been filed 10 years after the end of the petitioner's sentence or probation, whichever is longer. The Court also must make a finding that:
a. The person had not in the five years prior to the filing of the petition for expungement been convicted of a felony or a misdemeanor;
b. No proceeding concerning a felony or misdemeanor is pending or being instituted against the person; and
c. The offense is not one subject to enhancement for a second or subsequent offense or the time for such an enhancement has expired.
We are required by the expungement statute to order both your official "Kentucky Administrative Office of the Court Criminal History" and a "Kentucky State Police Certificate of Eligibility" and affix copies of these records on each expungement petition. The state charges $40.00 for these documents. We will order the records for you. The state is required to provide us a copy of your records within 30 days. Please remember-once your records are sent from the state, we only have 30 days in which to prepare and file the petitions and pay the court filing fees.
Our office will order your records, review the records with you to determine if you qualify or what we can do to help you become qualified, prepare your expungement records, petitions and orders, file your expungements with the court and appear at expungement hearings without you ever having to step foot in the court house!
If you pled guilty to a misdemeanor DUI, the court charges $100.00 filing fee. If the court determines you do not qualify for expungement, the court will refund half of your filing fee. Our fees for services is typically $250.00 for each petition filed, though this fee can vary based on your individual circumstance.
For example, if you were charged with a DUI, Reckless Driving, and Speeding 10 years ago on December 31, 2007, we would charge you a retainer of $250.00 to prepare, file and petition the court to expunge your record. You would have to pay an additional $40.00 for us to order your criminal records and certificate of eligibility from the state and you would have to pay a $100.00 expungement filing fee to the courts. The total amount you would have to pay is $390.00 for everything, and we do all the work! In other words, we would charge you a lot less money to erase your record then you probably paid the lawyer to represent you on the DUI charge initially!