After a felon is released from his sentence, the idea is that he or she has served their time for their actions and paid society back for whatever law or laws they may have broken. But many times being released from jail is just the beginning of their difficulties.
Aside from adjusting to life outside prison, the practical considerations many former inmates face may seem insurmountable. The two biggest issues are finding employment and sometimes even housing, but those barely scratch the surface of the difficulties ex-cons face. According to TheCrimeReport, there are more than 48,000 legal restrictions, ranging from some states banning former inmates from volunteering in their children’s schools, to other states taking away the option of earning a real estate license; most states don’t allow ex-cons to vote in elections. This contributes to a growing recidivism rate in Kentucky prisons. The logic is that living outside of prison is so difficult, prison itself may cease to be a deterrent. In fact, as of 2016, Kentucky reported that 43.3 percent of released inmates have been reincarcerated.
Like other states, Kentucky has tried to make the adjustment period a bit easier. HB 40, which went into effect July 15, 2016, does exactly that. The bill allows certain felony offenders who have served their time and gone through their probationary or parole period to expunge their records. Specifically, the law allows inmates of Class D felony convictions the possibility of what is essentially a fresh start.
Former inmates become eligible for the process either five years after their sentence has been served or whenever the probation/parole is finished, whichever comes sooner. According to the Kentucky statute, former prisoners must first request an expungement certification from the courts; once it is returned, they can complete an Application to Vacate and Expunge Felony Conviction form and return it to the court. This process does not require a lawyer, but an attorney who is experienced in the court system can provide invaluable help in the process. Attorneys may make the requests electronically.
If a prosecutor objects to the expungement, a hearing will take place within 60 days; if not, the court may issue an order without a hearing. In total, it costs $500 to file the expungement and $40 for certification. If the application is accepted and goes through, agencies listed on the application will expunge any record of the incarceration in the former inmate’s files, effectively providing a clean background check. After all records are expunged, agencies will simply respond to inquiries that no record exists.
For defendants who were charged with a felony but not indicted, they may file for expungement after 12 months; while the application fee is not applicable, the charge is still $40 for the certificate.
Other steps have been taken to more easily restore convicts’ rights, as well. Before leaving office, former Governor Steve Beshear filed an executive order reinstating former inmates’ voting rights. Governor Matt Bevin took it a step further, thus nullifying Beshear’s executive order and then signing a bill into law on April 16, 2016, so that when a felon has his or her record expunged, they will now be eligible to vote.
These steps will hopefully be effective in helping former inmates re-integrate into society, but there is still much more that can be done. Until it is possible for an ex-convict to live a somewhat normal and successful life outside prison, the temptation to return to the lifestyle that landed them in jail in the first place will still be there. Instead of a stiffer punishment, the promise of a brighter future will be a better deterrent against criminal activity and will hopefully allow people who have served their time to live without their punishment continuing long past its term.
Dan Carman & Attorneys, PLLC are a network of criminal defense attorneys located throughout the state. If you have questions or seek a consultation, contact us at 859-685-1055 or through our website.
