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P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 34532
Experience:  16 yrs. of experience including criminal law.
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how should I go about getting misdemeanor charges (DUI 03,DUI

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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?

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 4 years ago.

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


Just a moment please, I need to pull the statues from both states (since the law will vary by state)
Customer: replied 4 years ago.


I wanted to give you an update...I have both statutes...just need a bit of time to type them up....
Customer: replied 4 years ago.

Thanks...take all the time you need

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

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


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 and other Criminal Law Specialists are ready to help you
Customer: replied 4 years ago.

I really appreciate your time and help.

Thanks Again,


Yes sir

Best of luck on this