On July 20, Kentucky’s Interim Joint Committee on Judiciary heard an advocate of the Clean Slate Initiative. The Committee and Representative Kimberly Poore Moser intend to propose the idea in January’s legislative session. They wish to call upon the General Assembly to offer low-level, non-violent individuals a second chance.

Nationwide, individuals with non-violent, low-level convictions often face similar struggles when reentering society. For example, their records act as obstacles when job hunting, seeking housing, even volunteering at their kids’ schools. These challenges have inspired much of the U.S. to enact various Clean Slate laws.

The State of Expungements

The Clean Slate initiative attempts to give everyone a chance at redemption. It would expand what records could receive expungement after individuals complete their sentences. In addition, it would qualify specific convictions for automatic sealing, easing the burden of advocating for expunged records.

Kentucky’s current process for expunging records has proven challenging and costly. It requires individuals to request an expungement certificate by mail, in-person, or online and to pay fees based on the type of conviction. They must also submit it with a petition in the Office of Circuit Court Clerk tied to the county with the original filed charge.

After completing these steps, the courts will review the request, and a judge will decide whether to proceed. Many people find this process complicated; others confessed uncertainty about whether they qualified for expungement. This uncertainty has led to many eligible individuals never knowing they can request expunged records.

Taking Action

Several lawmakers recently testified before the Interim Joint Judiciary Committee, voicing suggestions for improving the expungement process. Their testimony thoroughly demonstrated the challenges previously incarcerated individuals face when reentering society. They concluded the simulation with a call for Kentucky to adopt a proper Clean Slate Act.

According to the Act, residents would become eligible after completing their sentence and not committing another crime for five years. It would also have the state notify individuals when they qualify for expungement. The Act would involve the Administrative Office of the Courts and Kentucky State Police in this process, then have a judge determine final approval.

The Opposition

Some lawmakers do not support the proposed legislation. One lawmaker believes that small businesses have the right to know about potential employees’ criminal backgrounds. As such, he argued that the government should not decide to hide that information.

Such concerns have delayed Rep. Moser’s push for similar Clean Slate legislation. Earlier in the year, her bill failed to pass before the legislative session ended. However, she intends to try again in the 2024 legislative session held in January.

It remains uncertain whether legislation will acknowledge or pass the Clean Slate Bill. Regardless, employers should consider the relevance of convictions and open job positions. One way is by considering effective second-chance hiring programs. The best way to start is by partnering with an experienced background check company.

JDP makes background checks easy and reliable. Speak with a compliance expert today.

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Earlier this year, the General Assembly in Kentucky passed an expungement bill. According to the bill, it would give residents additional opportunities to expunge past offenses. Many hope it will remove some obstacles caused by criminal records.

Kentucky’s current expungement statutes received several amendments through House Bill 369. For example, individuals could expunge multiple Class D felony offenses. Previously, they could expunge only one or several from the same charge. 

Anyone trying to rebuild their lives after past mistakes could view this bill as great news. Felonies on records often make obtaining employment, education, or housing difficult. This bill would improve your odds by removing eligible convictions. Should your offenses qualify, you could even purchase and operate firearms again.

If you qualify for an expungement, you must apply and pay a filing fee. You cannot apply until five years have passed since the completion of your sentence, probation, or parole, whichever is later.

Either the Commonwealth’s attorney or county attorney should respond to your application within 60 days. However, they could extend the wait with good cause. The hearing on your application to vacate the judgment will occur no later than 120 days from when you file. Should the state find the application grossly incomplete, they can order the person or agency filing it to supplement it.

Should the Commonwealth’s attorney or county attorney neither object to having the judgment vacated nor respond to the application filing within 120 days, the court can vacate the judgment without a hearing. Otherwise, you or your attorney must appear at the hearing. After the prosecutor states why they object to the expungement, you or your attorney can present evidence in your favor. 

The state can also hear other witnesses and relevant matters. Afterward, the court will determine whether the circumstances warrant an expungement. The court will also determine whether any harm to you from keeping the record public outweighs the public interest in the record being public.

With an order to vacate and expunge the conviction, “the original conviction shall be vacated and, upon full payment of the fee in subsection (11) of this section, the record shall be expunged. The court and other agencies shall cause records to be deleted or removed from their computer systems so that the matter shall not appear on official state-performed background checks.”

In addition, “[t]he court and other agencies shall reply to any inquiry that no record exists on the matter. The person whose record is expunged shall not have to disclose the fact of the record or any matter relating thereto on an application for employment, credit, or other type of application. If the person is not prohibited from voting for any other reason, the person’s ability to vote shall be restored, and the person may register to vote.”

Though the process takes effort, it could provide significant benefits. You should consider running a self-background check after the courts expunge your records. This review ensures expunged offenses do not appear on background check reports. Should you find mistakes in your report, you can have the information corrected before you apply for new jobs or housing.

Background checks don’t have to be complicated. Try running a self background check today and give yourself a head start.

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