Thursday, May 30, 2013

KYCOA - Davis - Expungement

Commonwealth v. Davis, 2012 CA 933, TO BE PUBLISHED

The Court of Appeals held that if civil lawsuit is ongoing, that is related to a criminal charge, then even if the criminal charge is dismissed with prejudice and can otherwise be expunged, the trial court cannot issue such an order.  Basically, as long as there is a “proceeding,” be it civil or criminal, that is related to the charges, the charges cannot be expunged.  

Contributed by John Landon