Dismissed Charges

Expungement Attorney in Louisville, KY

Dismissed Misdemeanors are eligible to expunge 60 days after the charges have been dismissed. While the court does not require a $100.00 filing fee, Kentucky's expungement law still requires the petition to include a Kentucky Administrative Office of the Court's Criminal Record and a Certificate of Eligibility from the Kentucky State Police. Dismissed charges may be dismissed and expunged if the person was found not guilty or if the charges were dismissed with prejudice and not in exchange for a guilty plea to another offense. For example, if you were charged with DUI but the case was amended to Reckless Driving, the DUI would not be eligible to be expunged until 5 years after end of the sentence or probation of the underlying Reckless Driving charge. Experienced attorneys may be able to secure the agreement of the prosecutor and judge to dismiss with prejudice the dismissed merged DUI charge.

If felony charges were dismissed in District Court, some jurisdictions require a letter from the County's Commonwealth Attorney stating they have no interest in pursuing this case. In other counties, the County Attorney will agree to amend the charge to a misdemeanor so that the offense is eligible for expungement. We have 120 counties in Kentucky, and each Clerk's office, County Attorney's Office and Commonwealth Attorney's Office may utilize different procedures and protocols for expungement. Ask one of HelpExpungeMe.com's experienced attorneys to help you.

Dismissed Felonies. There are only 5 states that do not have statutes of limitations on felony offenses. Kentucky is one of the five. In other words, the prosecutor can bring felony charges years and even decades later. Our new expungement law recognizes the unfairness of having charges remain on your criminal record when the felony prosecutor and police have no intention of moving forward and prosecuting these charges. If you were charged with a felony and the Grand Jury failed to indict, for the first time you can petition the court to expunge the charge 12 months after the case is waived to the Grand Jury.

While you would think expunging dismissed cases would be simple, it is not! For example, Felony expungements, even those felonies that were dismissed, have separate laws that govern expungement. Make sure you consult with an experienced expungement attorney at HelpExpungeMe.com.

Process - What We Do for You!

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!

Most attorneys and even Judges are unaware that Senate Bill 57 changes how dismissed cases resolved. The new law makes a distinction between those cases that were dismissed with prejudice and those cases that were dismissed without prejudice or dismissed and merged into a plea to another offense. Lawyers need to be vigilant when resolving cases as dismissed and make sure the record reflects that the charges were dismissed with prejudice.

Charges that were dismissed with prejudice are eligible to expunge 60 days after the case has been dismissed
Charges that were merged or dismissed without prejudice cannot be expunged until 5 years after the dismissal by the court.

This is an example of why you should hire an attorney to represent you even in a case that will likely be dismissed. An experienced criminal defense attorney will immediately understand the significance of why it is important to dismiss the charge with prejudice.

Charges that were dismissed in District or Circuit Court are eligible to be expunged in Kentucky. If the charge was "Dismissed With Prejudice" the order prohibits the prosecutor from reinstating the charge "Dismissed With Prejudice" charge 60 days after the charge was dismissed by the court. For example, dismissed charges may be dismissed and expunged if the person was found not guilty or if the charges were dismissed with prejudice and not in exchange for a guilty plea to another offense. Another example, if you were charged with DUI but the case was amended to Reckless Driving, the DUI would not be eligible to be expunged until 5 years after end of the sentence or probation of the underlying Reckless Driving charge.

Before 2016 a Kentuckian could not expunge a case that was referred to the Grand Jury and the Grand Jury never indicted the person. This often occurs when the investigation by the police or prosecutor's office reveals the defendant was innocent and another party was convicted or pled guilty to the offense. Now, if the Grand Jury chooses not to move forward, not to indict, the defendant can petition the court to expunge the charge presented or forwarded to the Grand Jury. The Commonwealth is to be notified of the petition.

Experienced attorneys may be able to secure the agreement of the prosecutor and judge to dismiss with prejudice the dismissed merged DUI charge.

If felony charges were dismissed in District Court, some jurisdictions require a letter from the County's Commonwealth Attorney stating they have no interest in pursuing this case. In other counties, the County Attorney will agree to amend the charge to a misdemeanor so that the offense is eligible for expungement. We have 120 counties in Kentucky, and each Clerk's office, County Attorney's Office and Commonwealth Attorney's Office may utilize different procedures and protocols for expungement. Ask one of HelpExpungeMe.com's experienced attorneys to help you.