Many Kentuckians mistakenly believe that dismissed charges are erased from their record automatically. Some believe that employers do not look at charges that occurred over five years ago. This is not true! Your state criminal record will contain every charge on your record including dismissed charges, traffic charges, and all convictions, no matter how many years ago they were committed.
Charges do not, and never have, fallen off your Criminal Record. I believe this misconception is based on the fact that minor traffic violations, excluding DUI’s, are purged from your Transportation Cabinet records after 5 years. Criminal records and Transportation Cabinet records are two different databases. Employers run Criminal Background Reports-not Transportation Cabinet Records. The only process for removal of criminal charges and convictions is filing an expungement petition in the court that sentenced you.
The average person has 11.7 jobs between the ages of 18-48.
Studies show that 96% of employers now run criminal background checks. Over 70 million Americans have a criminal charge on their record. In other words, 1 in 4 four adults has a criminal record!
Over 50% of employers will not interview you if you have a criminal record!
A criminal record will result in you making 40% less income over your lifetime! Why would you not expunge your record?
While most people seek a new job for better pay and benefits, some people discover that their jobs are being terminated because their employers are closing, moving, or merging their businesses. Just in the Louisville area alone, we have seen dramatic changes in our economy. Brown & Williamson is gone, Humana is the midst of being sold, each of our hospitals have seen their parent companies bought or sold, General Electric is gone. Even YUM, the owner of Kentucky Fried Chicken, has moved their headquarters to Texas. These few companies impact tens of thousands of Jobs. Resulting in layoffs, restructuring and employers reapplying for jobs with new owners.
House Bill 40 permits 91,000 Kentuckians with an eligible Class D felony record- to expunge their felony conviction!
Hundreds of thousands of Kentuckians with misdemeanors charges, who did not qualify for expungement before the passage of House Bill 40, may now expunge their criminal records.
If you were an employer, who would you choose? Would you hire someone with a record-or someone without a record? The answer is obvious.
Kentucky’s new expungement law protects you. Once your record is expunged it means:
“The case shall be deemed never to have occurred; all index references shall be deleted; the persons and the court may properly reply that no record exists with respect to the person upon any inquiry in the matter, and 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.”