Owensboro, KY asked in Criminal Law and Domestic Violence for Kentucky

Q: How long do I have to wait to have a domestic violence charge expunged in Kentucky?

2 Lawyer Answers
David William Spalding
David William Spalding
Answered
  • Criminal Law Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: Depends.

Were you charged in criminal court? Or was this a domestic violence order entered in family court?

If you were charged in criminal court, assuming the charge was not one labeled as a violent crime or an assault 1 or 2, you're looking at 5 years from the date of your conviction/pea/end of probationary period before you are eligible for expungement.

If this was a domestic violence order issued in family court, and it wasn't dismissed by the petitioner, you will not be eligible for expungement for that DVO at all.

If the domestic violence order was never issued (the EPO was not converted to a DVO) and the proceedings were dismissed, that can be expunged 60 day after the proceedings were dismissed.

Timothy Denison
Timothy Denison
Answered
  • Criminal Law Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: If it was a criminal conviction, then you have to wait 5 years. If it was a civil funding against you, you cannot expunge it. If it was a dismissed or no dvo was entered against you, you can expunge it after 60 days.

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