Criminal Record Expungement

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Optimux

Montgomery, AL

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#1
Jun 30, 2011
 
I'll be brief. Five or six years ago I was going through a divorce that was the result of my ex wife having an affair while I was deployed to Iraq....I fouund the emails, etc.:( Kinda' sucked.

Anyway, I approached our church and was trying to get our pastor to mediate a discussion between the two of us. When I asked her about the emails she screamed at me and accused me of trying to record the phone call...that was the last time we ever spoke sadly.

She went off and started telling people all kinds of crazy things and got a domestic violence order against me.

Long story, short I had one charge leveled against me, but otherwise my record is clean. It was a very minor charge. I believe I can have that charge expunged from my record if I'm not mistaken. What's the easiest way to do this?

For what it's worth she kept at it and I was evenaully being charged with a felony. All those charges were dropped once I proved that she was lying to police...a lot. I don't understand how they didn't charge her with anything.:/
lolwyer

Lexington, KY

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#2
Jul 1, 2011
 
so were you actually convicted of anything? if not, nothing to expunge. if so, just go down to the courthouse and file a motion to expunge. there will be a short hearing and if you have been a good boy and have a clean record they will wipe it.
jailhouse

Lexington, KY

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#3
Jul 1, 2011
 
Call Gatewod. He will do it cheap
uhm

Lexington, KY

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#4
Jul 1, 2011
 
forms for expungement should be available at the district court clerk's office
that's for criminal convictions.
not sure if you had a DVO entered against you, but isn't that confidential anyway?
Optimux

Montgomery, AL

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#5
Jul 2, 2011
 
I did have a DVO entered initially....why I don't know. That's when the fun started....one arrest warrant stemed from me walking into the same Wal-Mart she was in. I ran out the other door...but it was too late. She called the police "fearing for her life" and that was all it took. I do not understand how in the world after she was caught lying to the police...a lot...that she was never prosecuted.:/

I had a theft charge...she said I took her mail...I couldn't prove I didn't. That's what I want to get expundged. A few weeks after that I was being charged with felony stalking and escorted out of work in handcuffs....lost my job over that.:) All of those charges were dropped when I proved to police that she was lying. She saw me outside her house one night trying to break in....only problem was I was in western NY the week that happened. That's just one example. I really lost my faith in the justice system all together.:/

Also, I'm on the other side of the planet for the rest of the year...this is something I was going to try to do from afar. Do I absolutely have to be there?
expunge

Lexington, KY

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#6
Jul 2, 2011
 
I am in the process of having my record expunged. Todd Varellas from Varellas and Varellas is doing mine. There are a lot of stipulations to expungement and I tried to do mine myself, but I couldn't without his help. There are websites that you can try to do it yourself, but it sounds like a lawyer would be a better bet for you.
Wagging the Dog

Millbury, MA

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#7
Jul 3, 2011
 
Generally speaking, if you were actually convicted of a crime then you need to have a clean five years after the sentence is over, and also five years before the charge was placed. Further, if you were charged with a felony, even if it was dismissed, its tough to get it off. Thats because expungment is a court order to seal up the files, but police dont like doing that with felony charges.

Finally, most background checks from private business use private reporting services. If that is the case its dang near impossible for you to get them to drop your record from their rolls.

Best advice is to hire a local attorney to check the records and such and tell you if its even possible. If it is the attorney can normally go to court without you and do it, but not always.

Good luck!
Fingering it out

United States

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#8
Jul 3, 2011
 
Optimux sure sounds guilty of wife beating to me. The way he droned on & on proclaiming his innocence. Hey, we're all innocent in here.
Optimux

Montgomery, AL

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#9
Jul 4, 2011
 
@Fingering... My record is actually quite clean. I've had federal agents do background checks on me and taken a lie detector test recently.

Hello Troll.:)

Since: Oct 08

Georgetown, KY

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#10
Jul 4, 2011
 
If a charge is dismissed in the state of KY it's not hard to get expunged. A dismissed charge is a dismissed charge.
As the other guy said, 5 years clean before and after to have it expunged. All the paperwork is at the courthouse in the county where the charge resides. If it's dismissed, it should be free to have removed from your record, although they might try to slap a filing fee on there.

Since: Dec 10

Location hidden

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#11
Feb 8, 2013
 
Would anyone know if one would have to wait five years after the charge or after the probation sentence?
nonames

Lexington, KY

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#12
Feb 16, 2013
 
Kynative88 wrote:
Would anyone know if one would have to wait five years after the charge or after the probation sentence?
The probation sentence.
nonames

Lexington, KY

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#13
Feb 16, 2013
 
Josh Elder wrote:
If a charge is dismissed in the state of KY it's not hard to get expunged. A dismissed charge is a dismissed charge.
As the other guy said, 5 years clean before and after to have it expunged. All the paperwork is at the courthouse in the county where the charge resides. If it's dismissed, it should be free to have removed from your record, although they might try to slap a filing fee on there.
If a charge is dismissed you have to wait 60 days then you can petition to expunge at no charge.

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