A DUI conviction in Kentucky can result in long-lasting consequences, affecting employment opportunities, insurance rates and even the potential consequences associated with any future criminal legal matters that someone may face. As a result, a DUI conviction is best avoided. However, even uncharacteristic mistakes or misunderstandings can lead to an impairment-related conviction.
Therefore, many people understandably wonder how long a DUI conviction might stay on their record and whether it can be removed. The good news is that, under certain conditions, DUI convictions in Kentucky may be eligible for expungement, but the process depends on the type of offense at issue and the time that has passed since its related conviction.
Criminal records in Kentucky
In Kentucky, any DUI offenses that you might be convicted of would remain on your criminal record permanently unless expunged. For sentencing purposes, the state follows a 10-year lookback period. This means that if you are charged with another DUI within 10 years of a prior conviction, the penalties will be more severe because it will be considered a second or subsequent offense. After 10 years, a prior DUI conviction will no longer count against you for sentencing purposes, but it will still be visible on your record unless it is expunged.
When it comes to your driving record, a DUI generally remains on someone’s record for five years, impacting auto insurance rates and their ability to obtain a clean driving history. This reality can impact employment circumstances if a convicted motorist drives for a living.
Can a DUI be expunged in Kentucky?
Under Kentucky law, some DUI convictions are eligible for expungement, meaning that they can be removed from your criminal record post-conviction. The eligibility criteria at issue are impacted by whether a particular DUI was a misdemeanor or a felony.
- Misdemeanor DUI Expungement – Say that you were convicted of a first-time DUI and 10 years have passed since the offense, you may petition for expungement. This means the conviction will no longer appear in background checks, allowing for a fresh start.
- Felony DUI Expungement – Felony DUIs cannot be expunged under current Kentucky law. If you have multiple DUI convictions on your record within a 10-year period, they are classified as felonies, making them ineligible for removal.
To expunge a DUI conviction, you must file a petition with the court in the county where the conviction occurred. Expungement can be a complex process. As a result, it is generally wise for those interested in expunging their records to seek legal guidance and support before pursuing an expungement.