How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask P. Simmons Your Own Question

P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 27018
Experience:  16 yrs. of experience including criminal law.
11181181
Type Your Criminal Law Question Here...
P. Simmons is online now
A new question is answered every 9 seconds

how should I go about getting misdemeanor charges (DUI 03,DUI

Customer Question

how should I go about getting misdemeanor charges (DUI 03,DUI 05, PARAPHINALLA07, & 09) from 2003,05,07, & 09 expunged from my record, iM A RESIDENT OF AL, however my 1st 3 convictions were in KY?

ANY HELP WOULD BE GREATLY APPRECIATED
Submitted: 1 year ago.
Category: Criminal Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to assist on this matter. I am an attorney with over 12 years experience in criminal law.

I want to make sure I understand. You 4 separate convictions, 3 in KY and the most recent in AL?
Customer: replied 1 year ago.

That's correct, 2 DUIs, and 2 marijuana paraphilia misdemeanors

Expert:  P. Simmons replied 1 year ago.
Thanks

Just a moment please, I need to pull the statues from both states (since the law will vary by state)
Customer: replied 1 year ago.

Sure

Expert:  P. Simmons replied 1 year ago.
I wanted to give you an update...I have both statutes...just need a bit of time to type them up....
Customer: replied 1 year ago.


Thanks...take all the time you need

Expert:  P. Simmons replied 1 year ago.
I am sorry to have to bear bad news....but I do not believe you are going to qualify for expungement in KY. It MAY be you qualify in AL, but that will depend on how a recent bill introduced in the AL legislature progresses (more info on that below)

As I mention, the laws are separate (for each state)

I will detail them below....but what you will see is that since there are multiple convictions, not stemming from the same incident , that will prevent you from obtaining expungement in KY

For Kentucky the law comes from Kentucky Revised Statute 431.078. This law allows conviction of more than one offense, but only if they are all related (happened at the same time AND there are no other offenses before (within a 5 year window) or after. Here is the key provision from the law

(4) The court shall order sealed all records in the custody of the court and any records
in the custody of any other agency or official, including law enforcement records, if
at the hearing the court finds that:
(a) The offense was not a sex offense or an offense committed against a child;
(b) The person had no previous felony conviction;
(c) 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;
(d) The person had not since the time of the conviction sought to be expunged
been convicted of a felony, a misdemeanor, or a violation;
(e) No proceeding concerning a felony, misdemeanor, or violation is pending or
being instituted against him; and


So (c) and (d) above will prevent you from obtaining an expungement in KY.

The only exception would be if you can successfully petition the governor of the state for pardon(s)...if you could somehow obtain a pardon for one or more then you could expunge that conviction

For AL, there is no law that allows expungement.

But that may change.

There is a bill in front of the state house of representatives that would allow expungement of misdemeanor charges

You can read the proposal here

http://legiscan.com/AL/text/HB56

If this passes, that could be enough to remove the AL charges (allow expungement)....but understand the bill is still in session...so it could change before it passes...or could not pass.

BotXXXXX XXXXXne

In KY, the multiple separate convictions will prevent you from expungement. In AL, if they pass the current bill you would be eligible, depending on the language of the final bill as passed


Let me know if you have more questions...happy to assist if I can

P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 27018
Experience: 16 yrs. of experience including criminal law.
P. Simmons and 9 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.


I really appreciate your time and help.


Thanks Again,


Alan

Expert:  P. Simmons replied 1 year ago.
Yes sir

Best of luck on this

Phil

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.
 
 
 
Chat Now With A Criminal Lawyer
P. Simmons
P. Simmons
Criminal Lawyer
27018 Satisfied Customers
16 yrs. of experience including criminal law.