Learn how Kentucky’s new expungement law helps people overcome criminal convictions, restore rights, and gain fresh opportunities.
A small change to Kentucky law will make a big difference for people working to overcome a troubled past.
House Bill 369 inserts the word “multiple” into KRS 431.073(1)(d), allowing for individuals to seek expungement of more than one Class D felony. Prior to the change, applicants could only expunge a single Class D felony or a series of Class D felonies connected to the same incident.
The bill, sponsored by Rep. Suzanne Miles from Owensboro, won approval in the House 96-1 and in the Senate 35-1 before Gov. Beshear signed it into law.
Expungement essentially means that a person’s criminal record is erased from public view. Employers, landlords, or others who perform background checks will no longer be able to see a criminal record once it is expunged.
RELATED: How to Expunge Your Criminal Record in Kentucky
A clean criminal slate carries many benefits.
With an expunged record, job candidates can display their skills, qualifications, and potential without the overshadowing presence of past mistakes. This creates a wider range of career prospects, providing a chance to build a fulfilling professional life.
Finding suitable housing can also be challenging with a criminal record. Understandably, landlords screen applicants and may hesitate to rent to someone with a checkered past. Expungements can eliminate biases and improve chances of securing a stable living environment.
Additionally, the expungement process can remove barriers to educational scholarships, and professional license and certifications.
Beyond the practical benefits, expunging a criminal record restores the person’s dignity and allows him or her to move forward unburdened by the weight of mistakes earlier in life.
As part of my law practice, I frequently help clients seek expungements. Contrary to perception, these folks are not Bonnies and Clydes. These are honorable, hard-working people who want their record to reflect the positive changes they made in their lives. One of my expungement clients wanted to get his gun rights back so he could hunt with his grandson for the first time.
Class D, the lowest level of felony, is the only felony category eligible for expungement. Most misdemeanors are expungable.
Some felonies, such as the common Possession of a Controlled Substance, are automatically eligible for expungement, but others require a court hearing and judicial approval. An attorney can help simplify the expungement process and advocate for the applicant in court if necessary.
House Bill 369 also amends KRS 610.330 to allow expungement of juvenile records with multiple felonies.
In conclusion, Kentucky’s new expungement law offers more opportunities for good folks who deserve second chances. I look forward to seeing them take advantage of it.
Hesterberg Law Firm can help you expunge your criminal record. CLICK HERE to find out how.