A person can expunge a DUI in Kentucky under certain circumstances.
KRS 431.078 covers the circumstances for the expungement of a misdemeanor DUI. A DUI – first is a misdemeanor according to KRS 431.060 since it does not involve incarceration in the penitentiary. According to KRS 431.078, the court shall grant the expungement if certain conditions are met, including, but not limited to: 1) no previous or pending felony conviction, 2) no misdemeanor or violation offense in the five years preceding the DUI conviction, and 3) no pending nor conviction of a felony, misdemeanor or violation since the conviction sought to be expunged.
By default, if a person receives a DUI-2, DUI-3, etc, then they will not be eligible for expungement of a DUI-1st as these are enhancable offenses within the five year period as defined by the DUI statutes, KRS 189A.010, et seq.
Once the court grants the expungement and issues an entry to order the sealing of the records, along with making a payment to the clerk for $100, the proceedings in the case shall be deemed never to have occurred. The clerk and the court may then reply that no record exists upon any inquiry into the matter. Additiounally, the person whose record is expenged shall not have to disclose the fact of the record or any matter relating to the expunged charges on an application for employment, credit, or other type of application.
However, it is important to note that the expungement applies to court records and documents. It does not apply to public records. Therefore, any DUI or misdemeanor placed in the public record (news paper, internet, etc.) prior to the expungement will most likely remain in the public record and be able to be retrieved.
Post by Fayette County, Kentucky DUI Attorney Stephen Isaacs, Isaacs Law Office.
