Bowling Green Expungement Lawyer

Let Us Help You Rebuild Your Criminal Record

It can be extremely difficult to rebuild your life with a criminal record in tow. Having a criminal record can not only serve as a painful reminder of a long-ago past, but it can also seriously inhibit your ability to obtain work, housing, and a number of other things many people take for granted. However, it may be possible to start on a fresh slate by seeking a criminal record expungement.

At Smith & Wilcutt, LLC, our knowledgeable lawyers can review your case and determine whether or not you are eligible for a criminal record expungement. We have over 25 years of experience serving the Bowling Green community, and we are confident in our ability to help you as well. Our team is dedicated to providing personal service to each client in order to create a plan customized to your needs.

What Is Expungement?

Expungement is the legal process of completely removing a criminal charge, arrest, or conviction from your record. If a court expunges your criminal record, it will no longer show up in background checks for processes like finding employment or applying for housing. Expunging your criminal record can be a vital step in giving you a new lease on life.

However, it's important to note that expungement doesn't remove already-published information about you. For example, if there's an article about your arrest on Google, the author won't need to remove it if your record gets expunged.

Am I Eligible for Expungement?

You are eligible for expungement in Kentucky if:

• You were found not guilty in court, the charges against you were dismissed, or the grand jury on your case failed to indict you;
• You committed a misdemeanor;
• You committed an expungable Class-D Felony for the first time. You can find a list of Class-D Felonies eligible for expungement.

Additionally, you may have to wait a certain amount of time before applying for expungement:

• If you commit a misdemeanor, you must wait five years before applying for expungement. 
• If you commit a felony, you must wait at least five years and complete any probation or pay any fines attached to your sentence. 
• If you were acquitted or your charges were dropped, you must wait 60 days. 
• If a grand jury failed to indict you, you must wait 12 months.

To determine whether you qualify for expungement and to avoid potential errors, it is crucial to consult a Bowling Green expungement lawyer who can assess your situation and guide you through the process.

The Expungement Process in Kentucky

The process of filing for expungement is relatively simple, but having an attorney at your side is recommended. To file for an expungement, you must:

• Consult with an experienced Bowling Green expungement lawyer.
• Gather all the necessary documentation, including criminal records, sentencing documents, proof of completion of sentence terms (e.g., probation or payment of fines), and other relevant information.
• Obtain a certificate of eligibility, costing $40, from the Kentucky courts.
• Fill out an expungement packet, including the certificate, and file it with the court. Once you receive the packet, you have 30 days to file for an expungement with the court. You will also have to submit crime-specific forms. For example, if you're filing to expunge a misdemeanor, you need to complete a Misdemeanor Conviction Expungement Form (costing $100) along with the certificate of eligibility. Your attorney can help you fill out the documents correctly and ensure all documents get filed properly.
• Filing fee for eligible Class D felony expungement is $300.00.

Once you file, the judge makes a decision. It may take between one month and four months before you receive the results of your expungement, depending on your record and the details of your case.

At Smith & Wilcutt, LLC, our Bowling Green expungement lawyers have experience working with clients to expunge a variety of charges from criminal records.

Why Expungement Matters?

Having a criminal record can have a lasting impact on your life, affecting your ability to find employment, housing, and even education opportunities. Expungement can help you move on from past mistakes and start fresh by clearing your criminal record.

Here are some reasons why expungement matters:

• Improved job prospects: Many employers conduct background checks, and a criminal record can be a roadblock to employment. Expungement can help you get past this hurdle and open up more job opportunities.
• Better housing options: Landlords may also conduct background checks, and a criminal record can make it challenging to find a place to live. Expungement can help you qualify for more housing options.
• Increased eligibility for government programs: Certain government programs, such as student loans and public assistance, may be unavailable to those with a criminal record. Expungement can help you become eligible for these programs.
• Peace of mind: Expungement can provide a sense of closure and allow you to move on from past mistakes without the constant reminder of a criminal record.

If you're considering expungement, our Bowling Green criminal defense attorneys can help determine your eligibility and guide you through the process. Contact Smith & Wilcutt, LLC today to learn more.

Choose Smith & Wilcutt, LLC

Our experienced expungement attorneys at Smith & Wilcutt, LLC are prepared to help you seek an expungement. We believe in every individual’s right to improve his or her life, and if your criminal record is holding you back, we want to help.

Commonly Asked Questions

Can I apply for expungement more than once?

In Kentucky, you are allowed to apply for expungement only once. Therefore, it is important to make sure you meet all the eligibility requirements before filing to maximize the chances of success.

What happens if my expungement petition is denied?

If your petition for expungement is denied, you may be able to appeal the decision, depending on the circumstances. A Bowling Green expungement lawyer can guide you through the appeals process and help address any issues that may have led to the denial.

What crimes cannot be expunged in KY?

In Kentucky, certain crimes cannot be expunged. These include violent felonies (such as murder, manslaughter, and armed robbery), sex crimes, drug trafficking, crimes involving the use of a weapon, class A felonies (except for certain non-violent offenses), DUI offenses if there are multiple convictions or certain aggravating circumstances, and crimes that resulted in the death of a victim.

How much does it cost to get your record expunged in Kentucky?

The cost of expungement in Kentucky includes both filing fees and legal fees. The filing fees for expungement petitions typically range from $50 to $300 depending on the type of offense and the court handling the case. In addition to the filing fees, if you hire an attorney, there will be additional legal fees.

How long does the expungement process take in Kentucky?

The expungement process in Kentucky typically takes 3 to 6 months from the time you file your petition to the time the court issues a decision. This timeline can vary depending on the court's schedule, the complexity of the case, and whether there are any objections or delays. After the court grants the expungement, it may take additional time for the records to be sealed or destroyed. Working with a Bowling Green expungement lawyer can help expedite the process and ensure all steps are handled efficiently.

Who can see expunged records in KY?

Once a criminal record is expunged in Kentucky, it is generally sealed from public view. This means most employers, landlords, and others conducting background checks will not be able to see the expunged records. However, there are exceptions including law enforcement agencies and government agencies. It’s important to note that after expungement, you are legally allowed to deny the existence of the record in most situations, except when applying for certain government-related positions.