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Dave Kennett
Dave Kennett, Lawyer
Category: Criminal Law
Satisfied Customers: 27689
Experience:  25 years experience practicing attorney
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I have most recently had a felony dismissed with prejudice

Resolved Question:

I have most recently had a felony dismissed with prejudice and expunged 3 months laters, I am still stuck with a possesion of marijuana on my record from 6 years ago when I was 18, this a misdemeanor charge. I am trying to figure out if I can get this charge off of my record. I live in the state of Kentucky and understand that you must have 5 years without any convictions in order to get a misdemeanor expunged. However I have a dui conviction from 3 yrs. ago and a seatbelt ticket from a year ago. I just want to know if the seatbelt ticket will force me to wait 4 more years before I can get this marijuana charge off of my record? I also would like to know if there is any other means that I could possibly get the marijuana charge dismissed.
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Dave Kennett replied 7 years ago.

Dear JACUSTOMER - If you have a DUI conviction that would be considered as a second offense and it is unlikely you can get anything expunged. The expungement laws are designed to remove single convictions from one's record but once you have multiple convictions your only recourse is to obtain a pardon from the Governor. It's not the seat belt that is the problem but a DUI cannot be expunged and creates a second crime.


Dave Kennett

Customer: replied 7 years ago.
How often are governor pardons honestly given? Do I really have a chance of getting a possesion of marijuana pardoned by the governor? I don't understand how society can be so unforgiving of bad judgement used at a young age.
Expert:  Dave Kennett replied 7 years ago.

I completely understand. Obviously I don't make the laws and I gave up preaching to young people about the consequences of their actions a long time ago. You would be surprised at how often pardons are given. Actually the DUI is far more of a problem than the pot charge. Many times the minor drug convictions can be removed but DUIs are considered very serious so I can't predict your chances. You won't know until you try.



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