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What If I Don’t Qualify to Expunge a DVO?

Posted on March 30, 2017 in General Criminal Law Issues - Northern KY

I recently posted the standards for expunging an EPO/DVO.  See LINK.

If you do not qualify, you shouild write a letter to your state

Write your state representative.  I have done so and have encouraged clients, readers and potential clients to do the same through this website.  Let me again try to incite action!

There is a House of Representative and State Congressman in your district.  Look it up online in Kentucky by following this LINK.  Tell him/her how the laws on protective orders are unfair and negatively impact your life.  You can have a EPO or DVO against you even if you never did anything. The large majority of EPOs and DVOs never relate to any charges or criminal convictions.  Point out that the Defendant/Respondent loses valuable constitutional rights:  the hearings are held without the right to an attorney, without discovery, without the right to a jury trial and the burden of proof is not beyond a reasonable doubt.

Additionally, the judges often opt in favor of protection instead of actually listening to the evidence and seeing what is provided.  A mere allegation of a threat or fear, regardless of whether the fear is rational, is sufficient to many judges in Kentucky.   Since they are elected, Judges often make decisions based on “what ifs” in case there is ever a problem how will it look to potential voters in the next election.

There have been recent changes to allow for expungements of EPOs, but it remains incomplete. 

The expungement provision relates only to an EPO under KRS 403.745:  (a) If a petition under KRS 403.715 to 403.785 did not result in the issuance of a domestic violence order, the court in which the petition was heard may for good cause shown order the expungement of the records of the case if: 1. Six (6) months have elapsed since the case was dismissed; and 2. During the six (6) months preceding the expungement request, the respondent has not been bound by an order of protection issued for the protection of any person, including an order of protection as defined in KRS 456.010. (b) As used in this subsection, “expungement” has the same meaning as in KRS 431.079.

Effective: January 1, 2016

If you have questions or concerns and need legal assistance, contact Michael Bouldin at 859-581-6453 or email mike@bouldinlawfirm.com.

Can I Expunge an EPO or DVO?

Posted on March 14, 2017 in General Criminal Law Issues - Northern KY State Crimes in Northern Kentucky

QUESTION:

Hello, I recently seen your website when searching Google for answers about a DVO. So 4 years ago my wife and I had got into and argument where I had told her I was going to take my children etc. Well she had got a EPO against me claiming a bunch of stuff that was definitely false so that she could get temporary primary care of the kids, well this was brought before a judge with no evidence of the things that she had said on the paper. The judge for some reason still ruled in her favor and turned it into a 1 year DVO she later went back after about 3 months and tried dismissing the DVO which the judge said that he feels nothing was learned in this and there is a lesson to be learned so he kept it on there till it was lifted after the year. My wife and I have gotten back together after the year of the DVO and I’m unable to pursue my choice of career which is being a police officer. So my question is there anyway I can go before a judge or do anything for that matter to get this taken off me for good so I can live my life and provide for my family and the public. I live in Kentucky and I just want to talk to someone that knows more about this situation. Are these forever permanent and will I never be able to be a “trusted” guy in some eyes?

LAW:  There has recently been a change to allow for expungements AT ALL.

The expungement provision relates only to an EPO under KRS 403.745:  (a) If a petition under KRS 403.715 to 403.785 did not result in the issuance of a domestic violence order, the court in which the petition was heard may for good cause shown order the expungement of the records of the case if: 1. Six (6) months have elapsed since the case was dismissed; and 2. During the six (6) months preceding the expungement request, the respondent has not been bound by an order of protection issued for the protection of any person, including an order of protection as defined in KRS 456.010. (b) As used in this subsection, “expungement” has the same meaning as in KRS 431.079.
Effective: January 1, 2016

ANSWER:  Since your case DID result in the issuance of a DVO, there is no provision for sealing or expungement of the record.  Send letters and lobby your legislators to pass laws that would allow for expungement of these things.  Often these are filed to gain an advantage in a custody case and without any real proof or evidence.  The DVO can be granted because the judge simply wants to make sure everyone is safe. Many judges believe that because it is “only a civil case” that it has no effect.  Obviously, it DOES affect a persons rights as well as their perception by potential employers  Your case is exactly why it is needed.

If you have questions about expungment, EPO or DVO, call attorney Michael Bouldin at 581-MIKE (859-581-6453) and schedule an appointment or email at mwbouldin2@gmail.com.

 

Expunge Your Record in 2017

Posted on January 9, 2017 in General Criminal Law Issues - Northern KY

Give the gift of freedom to a loved one!!!  If you have tax refund in 2017 or want to give a great gift in the new year, think of expungement of a criminal record.  Whether a gift to a family member or loved one or a gift to yourself, set yourself up to get the best job possible, obtain a CCW permit, purchase a firearm or simply rid the excess baggage by expunging your criminal record.

Kentucky has passed additional laws regarding expungement in 2016 which allows for expunge the following:

  1. Misdemeanor dismissals, acquittals and diversion cases can be expunged after 60 days.
  2. Misdemeanor convictions may be expunged 5 years after the case and any probated/CD time is completed.
  3. Felony dismissals, acquittals and diversion cases can be expunged after 60 days.
  4. Certain felony convictions may be expunged 5 years after probation is completed.

If you have been acquitted or gone through a diversion program, make sure to take the next step and have it expunged.  It is not automatic, you need to file.  The first step is to request a criminal background check.  If you hire an attorney, they can assist you with each step.  The criminal background check can take from 2 weeks to 2 months to complete and depend on the speed of AOC and KSP.  (Administrative Office of the Courts and Kentucky State Police).

For consultation and fees, call Mike at the Bouldin Law Firm at 859-581-6453.  Most cases are fixed fee.  If you were convicted, there is a $100 fee for misdemeanors and $500 fee for felony expungements.  Email mwbouldin2@gmail.com or call 581-MIKE.

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Can I Expunge Felony In Kentucky?

Posted on November 20, 2016 in General Criminal Law Issues - Northern KY State Crimes in Northern Kentucky

Yes, you can now expunge certain felonies in the Commonwealth of Kentucky.  In Kentucky, 61 specific felony convictions listed under the felony expungement statute may be expunged. These are Class D non-violent offenses, many of which pertain to drug possession or theft. Some of the eligible felonies are:

  • KRS 217.208 Forgery of a prescription

  • KRS 218A.140 Prohibited acts relating to controlled substances

  • KRS 218A.1415 Possession of controlled substance in first, second and third degree

  • KRS 218A.282 Forgery of a prescription

  • KRS 218A.284 Criminal possession of a forged prescription

  • KRS 218A.1423 Marijuana cultivation

  • KRS 511.040 Burglary in the third degree

  • KRS 512.020 Criminal mischief in the first degree

  • KRS 514.030 Theft by unlawful taking or disposition

  • KRS 514.040 Theft by deception

  • KRS 514.050 Theft of property lost, mislaid, or delivered by mistake

  • KRS 514.060 Theft of services

  • KRS 514.100 Unauthorized use of automobile or other propelled vehicle

  • KRS 514.110 Receiving stolen property

  • KRS 514.160 Theft of identity

  • KRS 516.030 Forgery in the second degree

  • KRS 516.060 Criminal possession of forged instrument in the second degree

  • KRS 530.050 Nonsupport and flagrant nonsupport

There are additional felonies which are not included in this list. Additional felonies not listed above may be expunged if:

  • If the person was not convicted (charges dismissed, acquittal, or not prosecuted).
  • If the crime was originally charged as a felony but was reduced to a misdemeanor (even if there was a misdemeanor conviction). Case records and background checks will continue to show a felony charge until it is expunged.
  • If the person was sentenced to and successfully completed a class D felony pretrial diversion program under KRS 533.250 et. seq.

Finally, 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.  Also, your gun rights will be restored after expungement is complete.

If you need help, contact the Bouldin Law Firm and discuss cleaning your record.  An attorney can file for expungement on your behalf and aid you through the process efficiently.  Contact Mike at 581-MIKE, 859-581-6453 or email at mike@bouldinlawfirm.com.

 

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Expunge Felony In Kentucky NOW!

Posted on April 21, 2016 in General Criminal Law Issues - Northern KY State Crimes in Northern Kentucky

House Bill 40 has now been signed into law which allows expungement of certain felony convictions in Kentucky by amending KRS 431.

The law appears to be in effect immediately, however there have not yet been issued AOC forms to comply with the new law. Some attorneys have created their own forms which should be in compliance with the new law. The law requires a waiting period of 5 years after completion of any sentence or probation.

Amend KRS 431.076 to expand the scope of an expungement motion under that statute to include felonies referred to a grand jury where no indictment ensues; amend KRS 431.078 to expand that statute’s expungement process to include Class D felonies; amend KRS 527.040 to expressly provide that an expunged felony does not trigger the application of that statute; create a new section of KRS Chapter 413 to prohibit the introduction of information pertaining to an expunged conviction as evidence in a civil suit or administrative proceeding alleging negligent hiring or licensing.

Only certain cases are eligible for expungement.  If you have questions whether your case is eligible, you can compare with the relevant KRS statutes which ARE eligible to expunge: 17.175, 186.990, 194A.505, 194B.505, 217.181, 217.207, 217.208, 218A.140, 218A.1415, 218A.1416, 218A.1417, 218A.1418, 218A.1423, 218A.1439, 218A.282, 218A.284, 218A.286, 218A.320, 218A.322, 218A.324, 244.165, 286.11-057, 304.47-025, 324.990, 365.241, 434.155, 434.675, 434.850, 434.872, 511.040, 512.020, 514.030, 514.040, 514.050, 514.060, 514.065, 514.070, 514.080, 514.090, 514.100, 514.110, 514.120, 514.140, 514.150, 514.160, 516.030, 516.060, 516.090, 516.108, 517.120, 518.040, 522.040, 524.100, 525.113, 526.020, 526.030, 528.020, 528.040, 528.050, 530.010, or 530.050.

For help with filing, contact attorney Michael Bouldin at mwbouldin@fuse.net or call 859-581-MIKE (859-581-6453).  Speak to Emily to schedule a consultation.

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How To Order Criminal Background Report In KY

Posted on February 8, 2015 in General Criminal Law Issues - Northern KY

-If you are applying for an expungement in Kentucky, you must first obtain a copy of your criminal background from the AOC (Administrative Office of the Courts).  If you hire an attorney to assist with your expungement, the attorney will generally perform this service as part of his work.  Follow this LINK to order a report.  a

A regular criminal report costs $20, however if doing for purpose of expungement, it is required that the report be sent to KSP, Kentucky State Police, for review and approval of the expungement.  the total fee for the criminal background portion of the expungement process is $40.  The AOC will usually process the report within 2-3 business days, however KSP may take 30-60 days to process the report (I’ve found average is 45 days).

A criminal defense attorney can assist in guiding you through the process, filing the correct forms, and assuring that ALL of the proper agencies get notified of the expungement.  It is not enough to simply have the court clerk expunge the record, it should also go to numerous other agencies, including police, detention centers, and prosecutors.  You may be eligible for a misdemeanor conviction or an acquittal for any felony or misdemeanor charges.  If you completed a diversion program, you should also follow up and have the charges expunged.

For assistance in Northern Kentucky, contact the law office of Michael Bouldin at 859-581-6453 or email at mwbouldin2@gmail.com.  

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