The new expungement law permits the expungement of thousands of misdemeanor charges that did not qualify for expungement under the old expungement law.
At the hearing the Judge must find:
a. The offense was not a sex offense, or an offense committed against a child;b. The person has not been convicted of a felony or a misdemeanor in the five years prior to the filing for expungement;c. No proceeding concerning a felony or misdemeanor is pending or being instituted against the person; andd. 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.
We will contact you and review your records with you to determine which charges you wish to expunge. If the records indicate you do not qualify to expunge certain charges, we will explain to you why not. If the records indicate you do not qualify, we may be able to assist you in becoming eligible for expungement.
Upon payment, our office will prepare your expungement petitions, motions, and orders and file them with the appropriate courts. We will appear at expungement hearings without you ever having to step foot in the court house!
If you pled guilty to a misdemeanor, the court charges a $100.00 filing fee for a misdemeanor expungement. If the court determines you do not qualify for expungement, the court will refund half of your filing fee. Typically, we charge $250.00 for each petition of charges filed, but this fee will vary based on the number of charges per petition.
For example, if you were charged with alcohol intoxication, disorderly conduct, resisting arrest on November 17, 2011, 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. Finally, the court will require payment of the $100.00 expungement filing fee to the courts. The total amount you would have to pay on a single petition for a misdemeanor would be $390.00. 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 charge.