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Do I check yes or no?
Posted: Tue Mar 08, 2011 3:22 pm
by liljojo47110
I was arrested 7 years ago on suspected DUI when I lived in Kentucky. My case was later expunged which to my knowledge would mean that I do not have to say that I have ever been arrested or convicted. I wanted to make sure so I sent the county clerks office in the county I was arrested in to get any paperwork on my case. They sent an email back saying that it was expunged so that means there is no record of it. So, in my mind that means I am clear and can just say no when asked if I have ever been arrested. Is this correct and it will not hurt my chances of getting my CHL?
Re: Do I check yes or no?
Posted: Tue Mar 08, 2011 3:55 pm
by USA1
You need to list the arrest and send the disposition or a letter stating no records found along with your app.
Re: Do I check yes or no?
Posted: Tue Mar 08, 2011 4:11 pm
by liljojo47110
This is the email I received back:
Kentucky courts do not provide a certified copy of records. If the case were expunged, it is considered to not exist.
Jimmy Lawson
Assistant Unit Supervisor
Administrative Office of the Courts
Records Services Unit
100 Millcreek Park
Frankfort, KY 40601
1-800-928-6381 or 502-573-1682
jimmylawson@kycourts.net
So how do I get a certified letter stating there is no record?
Re: Do I check yes or no?
Posted: Tue Mar 08, 2011 4:14 pm
by WildBill
liljojo47110 wrote:So how do I get a certified letter stating there is no record?
Did you have a lawyer for your DUI and expungement? Maybe he can help.
Re: Do I check yes or no?
Posted: Tue Mar 08, 2011 4:39 pm
by liljojo47110
I just ordered the records through some online database that the state of Kentucky uses. So hopefully that will be all I need.
Re: Do I check yes or no?
Posted: Tue Mar 08, 2011 4:46 pm
by WildBill
liljojo47110 wrote:I just ordered the records through some online database that the state of Kentucky uses. So hopefully that will be all I need.
I also hope that is all you need.
Re: Do I check yes or no?
Posted: Tue Mar 08, 2011 4:53 pm
by liljojo47110
Since I need to send in additional paperwork im guessing I will have to send in a paper copy instead of filling out an online application?
Re: Do I check yes or no?
Posted: Tue Mar 08, 2011 4:59 pm
by redlin67
I had a juvi record in KY and I checked yes, KY could find no record of anything at all. They claimed that because it was sooooooo many years ago, that they no longer had any record of my offense. I requested a letter from them stating this and included it in my packet. It all came out good since I do have my CHL now. Good luck.
Re: Do I check yes or no?
Posted: Tue Mar 08, 2011 5:08 pm
by MojoTexas
Just list the arrest, state how it wound up (expunged), and then include the letter from the court in question saying no records found.
It shows you're being honest and divulging the arrest, and the DPS person reviewing your application can contact the court in question if they have any questions.
Re: Do I check yes or no?
Posted: Tue Mar 08, 2011 5:28 pm
by WildBill
redlin67 wrote:I had a juvi record in KY and I checked yes, KY could find no record of anything at all. They claimed that because it was sooooooo many years ago, that they no longer had any record of my offense. I requested a letter from them stating this and included it in my packet. It all came out good since I do have my CHL now. Good luck.
Who did you talk to and who sent the letter?
Re: Do I check yes or no?
Posted: Wed Mar 09, 2011 9:27 pm
by liljojo47110
i got my files online and there is no record of any arrest or anything. only a couple tickets in 2002 and a no insurance ticket in 2004. thats it. so i think ill be safe if i just say i have not been arrested... thoughts?
Re: Do I check yes or no?
Posted: Wed Mar 09, 2011 10:54 pm
by MojoTexas
If it were me I would still list it. If you fail to disclose it's grounds for refusal.
Re: Do I check yes or no?
Posted: Wed Mar 09, 2011 11:40 pm
by liljojo47110
the paperwork i have says its not a certified copy so will that be enough to send in since they dont give out certified copies?
Re: Do I check yes or no?
Posted: Thu Mar 10, 2011 8:59 am
by WildBill
liljojo47110 wrote:the paperwork i have says its not a certified copy so will that be enough to send in since they dont give out certified copies?
What other choice do you have. Send it in and see what happens. Since they have all the information, the DPS can probably contact them directly if they need more.
Re: Do I check yes or no?
Posted: Thu Mar 10, 2011 9:47 am
by redlin67
WildBill wrote:redlin67 wrote:I had a juvi record in KY and I checked yes, KY could find no record of anything at all. They claimed that because it was sooooooo many years ago, that they no longer had any record of my offense. I requested a letter from them stating this and included it in my packet. It all came out good since I do have my CHL now. Good luck.
Who did you talk to and who sent the letter?
The State Archives Department in Frankfort.
Address is:
Kentucky Department for Libraries & Archives
PO Box 537
300 Coffee Tree Road
Frankfort, KY 40602-0537
(502)564-5773
I also contacted the County Curcuit Clerk at my home county.
Where are you from?