Advocating For Expungements

If you have a criminal record, it can be difficult to buy or rent a home, find employment or secure a professional license. It could all be due to a mistake you made years ago. The Law Office Of Christopher Jackson has helped numerous people expunge or seal their criminal record. An expungement can help make you eligible for jobs and gain other important things in life.

Working To Seal Your Record

In Kentucky, an expungement is a process by which your record of a criminal conviction is sealed after an expiration of time, typically five years after the case is over, including any probation or parole time. After an expungement, the proceedings in the matter are sealed and are unable to be found by normal record searches.

A person who has been found not guilty of a crime or for against whom charges have been dismissed may make a motion in a Kentucky District Court to expunge all records relating to the offense. This petition must be filed no sooner than 60 days following the order of acquittal or dismissal by the court. So, if you had charges dismissed or ignored, we can move to seal that dismissal 60 days after the case was dismissed.

A person who has been convicted of a misdemeanor may petition the court in which he or she was convicted for expungement of his/her misdemeanor record. The petition for expungement may not be filed until at least five years after completion of the person's sentence or five years after completion of the person's probation, whichever occurs later.

Felony expungement: On July 15, 2016, the Kentucky legislation allowed certain Class D felonies to be sealed or expunged.

New rules for expungement now require a certificate of eligibility from the Kentucky State Police.

Are You Eligible For An Expungement?

Depending on the type of crime, you may be eligible for expungement. Christopher Jackson has a history of success and based on his extensive experience handling criminal cases, he can work to get your charges dismissed or reduced, and then he will also try to make sure you are eligible for diversion or expungement, if possible.

To be eligible for expungement, there are certain criteria that must apply, a waiting period, and filing fees. Here are the criteria for Kentucky and Ohio:

Waiting Period For An Expungement In Kentucky

  • Misdemeanor — five years after the completion of the sentence, i.e., after probation is over
  • DUI — the waiting period for a DUI is now 10 years
  • Felony — people are now eligible to have some Class D felonies expunged in Kentucky

However, you may also be able to void and vacate. You can ask the court to void/vacate a felony for possession of controlled substance cases but those are the only ones. The charge of possession of controlled substance in first degree, a Class D felony, may be voided. In accordance with KRS 218A.275, a voided conviction has the same effect as an expungement: The records are sealed and will not show up on background checks, the defendant will not have to disclose the record on employment applications, etc.

Expungements Available — And Not Available — In Ohio

  • No DUIs/OVIs
  • No violence
  • No sex crimes
  • No nonsupports, i.e., failure to pay child support
  • No limit for ignored, dismissed, or acquitted findings
    • Must be an "eligible offender"
    • An eligible offender is defined as anyone who has been convicted of an offense in this state or any other jurisdiction and who has not more than one felony conviction, not more than two misdemeanor convictions if the convictions are not of the same offense, or not more than one felony conviction and one misdemeanor conviction in this state or any other jurisdiction.

Waiting Period For An Expungement In Cincinnati, Ohio

  • Misdemeanor — one year after the completion of the sentence
  • Felony — three years after the completion of the sentence
  • Ignored Case — two years after grand jury report ignoring case
  • Dismissal or Acquittal — no waiting period

Filing Fees For An Expungement In Cincinnati, Ohio

  • No fee for non-convictions
  • $50 non-refundable fee for convictions

Criminal defense attorney Christopher Jackson is familiar with the eligibility requirements for an expungement in Ohio and Kentucky, and can help you get a felony or misdemeanor off your record. A small investment in an expungement today could mean an increased earning capacity for years to come. Having an experienced attorney like Christopher Jackson to handle your case will help ensure that your case is put through the process accurately and efficiently. Contact our criminal defense lawyers at 859-261-1111 or at 888-811-3247 (toll-free) or send us an email to get started with legal representation today.

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