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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The Louisiana legislature recently passed a bill that would automatically seal certain convictions. It applies to those without disqualifying convictions during the waiting period. This timeframe includes the period after completing their sentence, probation, parole, or their deferred adjudication. If the governor signs it into law, it will increase employment and housing opportunities for many people.

Senate Bill 111 would allow individuals to seal eligible, non-violent records automatically. These convictions include those where arrests did not occur. You must complete the required waiting period before automatically sealing your records. Should SB 111 become law, the Louisiana Bureau of Criminal Identification and Information would identify all qualifying records in its criminal repository database.

The current law would allow you to seal a misdemeanor conviction five years after completing your sentence. However, this eligibility does not include convictions like sex offenses, domestic abuse, battery, or stalking. Non-violent felony arrests or conviction records would become eligible after waiting ten years. Like misdemeanor exceptions, this law disqualifies sex offenses against a minor, domestic abuse, and battery. It also refuses to seal violations of the Uniform Controlled Dangerous Substances Law.

The new law has established the process for requesting an automatic expungement. You must file with the Louisiana Bureau of Criminal Identification and Information. Remember to include your name, birth date, last four digits of your Social Security Number, arrest date, and case number.

The Louisiana Bureau of Criminal Identification and Information will have thirty (30) days from receiving your request to seal your eligible records. Afterward, the Bureau will send the records to the Louisiana Supreme Court Case Management Information System. Once the State Supreme Court receives the notice, they must send notice to the district court’s clerks within 30 days to expunge the records. 

Once done, the general public will no longer access the sealed records. As such, you could avoid mentioning these records in future employment or housing opportunities. Most employers and landlords cannot access this information. In addition, sealing these records could restore several civil rights you may want, such as obtaining professional licenses and voting.

You should consider running a self-background check if the bill becomes law before and after the waiting period ends. Reviewing your records lets you review your eligible arrests and convictions and ensure the courts seal them. It also brings peace of mind before applying for a new job, promotion, 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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