DUI misdemeanor convictions can be EXPUNGED in Kentucky under certain conditions. A conviction for DUI 1st, 2nd, or 3rd is considered a misdemeanor in Kentucky, while subsequent DUI convictions within a 5 year period are considered felonies. According to Kentucky Revised Statute 431.078, a DUI 1st conviction can be EXPUNGED, as long as the following conditions are met:
- The person had no previous felony conviction;
- The person had not been convicted of any other misdemeanor or violation offense in the five (5) years prior to the conviction sought to be expunged;
- The person had not since the time of the conviction sought to be expunged been convicted of a felony, a misdemeanor, or a violation;
- No proceeding concerning a felony, misdemeanor, or violation is pending or being instituted against the person; and
- The offense was an offense against the Commonwealth of Kentucky.
Note that a person receiving a DUI 2nd or subsequent DUI within a five year period may not be able to have the DUI conviction(s) expunged since the statute states that the person may have no other misdemeanor offense within five years prior to the conviction sought to be expunged, and because a DUI 2nd or subsequent DUI requires the element of a prior DUI within the previous 5 year time frame.
Post by Lexington Kentucky Attorney Stephen J. Isaacs, Isaacs Law Office, Kentucky DUI Defense Lawyer.
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