Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.
All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.
A Kentucky Motion for New Trial for the Purpose of Expunging Criminal Record is a legal document filed by an individual seeking to have their criminal record expunged after a trial has taken place. Expungement refers to the removal or sealing of criminal records, making them inaccessible to the public and essentially treating the conviction as if it never occurred. It offers individuals a chance to move forward in life without the negative consequences of a criminal record. There are several types of Kentucky Motions for New Trial for the Purpose of Expunging Criminal Record, each with its own specific purpose: 1. Motion for New Trial based on Errors at Trial: This type of motion is filed when errors occurred during the trial process that may have affected the outcome of the case. It argues that due to these errors, a new trial should be granted, providing an opportunity for the conviction to be overturned. If the new trial is successful, it opens the possibility of subsequently expunging the criminal record. 2. Motion for New Trial based on Newly Discovered Evidence: Filed when significant evidence, not previously available during the trial, is discovered afterwards, this type of motion seeks to reopen the case. The new evidence must be substantial enough to potentially change the outcome of the trial. If successful, it paves the way for the expungement of the criminal record. 3. Motion for New Trial based on Ineffective Assistance of Counsel: This motion argues that the defendant received inadequate legal representation during their trial, which may have resulted in an unfair or unfavorable outcome. It highlights specific instances of deficient counsel and requests that a new trial be granted. If successful, it creates an opportunity to subsequently expunge the criminal record. 4. Motion for New Trial based on Constitutional Violations: This type of motion asserts that the defendant's constitutional rights were violated during the trial, such as a violation of the right to a fair trial, due process, or unlawful search and seizure. If the court deems these violations significant and potentially influencing the outcome, a new trial may be granted. Successful new trials can lead to the expungement of the criminal record. It is important to note that the requirements for filing a Kentucky Motion for New Trial for the Purpose of Expunging Criminal Record may vary depending on the specific circumstances of the case. Consulting with an experienced attorney familiar with Kentucky's expungement laws is crucial in determining the proper course of action and increasing the chances of a successful expungement.
