My first criminal court case was an expungement in Hardin County, Kentucky on November 1, 2013 at 9:00am. The woman I was expunging a record for had a DUI 5 years ago, and has not had any new offenses since. Boy, was she happy to finally have the black mark off her permanent criminal record. You see, Kentucky allows the expungement of certain offenses if no new ones occur within a span of five years.
The judge did say one thing that kind of surprised me. She explained to me that if the Kentucky legislature decides to change our current laws to, let's say, increase DUI penalties for subsequent DUIs committed within a ten year period (instead of the five it is currently), well, then my client will still have a DUI 2nd offense if she gets caught within those ten years notwithstanding the fact that her current DUI is expunged.
Is that constitutional? It doesn't seem to pass the smell test. Let's break it down.
The judge did say one thing that kind of surprised me. She explained to me that if the Kentucky legislature decides to change our current laws to, let's say, increase DUI penalties for subsequent DUIs committed within a ten year period (instead of the five it is currently), well, then my client will still have a DUI 2nd offense if she gets caught within those ten years notwithstanding the fact that her current DUI is expunged.
Is that constitutional? It doesn't seem to pass the smell test. Let's break it down.
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