When a person wants to have a criminal charge removed from their state-performed background checks, they do so through a process called an “expungement.” The process itself can take several months and applies only to certain charges. However, it can have enormous benefits for those who succeed in having charges removed from their record.
Charges on your criminal record can have enormous implications in many different facets of your life. They can affect your ability to get a job, to vote, to get a loan and to live in the place of your choice. It’s important to realize that we’re not simply talking about having a conviction on your record, but a criminal charge alone can be enough to put a person at an extreme disadvantage in their personal and professional lives. An expungement can free a person from the heavy burden placed on them if they have a criminal record.
Effective July 15, 2016, it is possible for some people who have been convicted of a Class D felony in Kentucky to have their records cleared through the expungement process. This is due to the passage of House Bill 40, which extends the expungement process to nearly 70 percent of Class D felonies committed. Some of the crimes that can now be expunged from a person’s criminal record include drug possession, receiving stolen property or criminal mischief.
When Can I Apply for an Expungement?
A person can file for an expungement no sooner than five years after they have served a sentence or no sooner than five years after they have completed parole or probation. If you have other charges pending against you, you will not be eligible for an expungement. It is not guaranteed that an expungement will be given to all applicants, and those who have been charged of felonies higher than a Class D felony will be generally not be considered. For example, sex-related crimes, drug trafficking and public corruption cannot be expunged.
Why It is Important for Kentuckians
The purpose behind the new law is to give people who have a criminal record the opportunity to not have their past become an obstacle to their future. The five-year window gives those with criminal charges time to demonstrate that they should no longer carry the weight of a criminal record. This is extremely important for someone who hopes to move on from a criminal past.
Expanding expungements to more people in our state shows that we are taking steps forward in improving our current criminal justice system. It offers people the chance for redemption and helps ensure that those who serve their time and pay their debt to society can re-establish themselves in that society. We cannot expect people with a criminal record to move forward in their own lives if they are not afforded the opportunity to get decent jobs or find decent housing.
People with criminal records still face enormous challenges that can create obstacles which only serve to make it more difficult to live a life that doesn’t involve criminal activity, but this move certainly represents a more positive direction for Kentucky.
If you (or a loved one) have been arrested in Kentucky or in the Lexington area in particular, call my office at (859) 685-1055 for a free consultation. Our lawyers specialize in helping defendants fight back on assault charges, misdemeanors, domestic violence, property crimes, drug charges and more, call today.