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.
Kentucky is no different than other states who have passed expungement reform. A recent study by the University of Michigan Law School reveals that only 6% of the individuals eligible for expungement pursue an expungement within 5 years of eligibility in the state of Michigan.
What was most revealing is that those who expunged their records, on average, made 25% more income within 2 years of expunging their criminal record! Collateral Consequence Resource Center
One in four adults in Kentucky has a criminal charge on their record. With the passage of Senate Bill 57, over 136,000 Kentuckians can petition to expunge their eligible Class D felony.
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.
Did you know:
In a 2019 Louisville Courier -Journal editorial, Sarah Wisedom, Greater Louisville, Inc., Chief Operating Officer noted:
A recent study found that expungement not only improves an individual's chances of finding employment but also leads to better jobs and increased wages. In Michigan, for example, the study showed that successful applicants saw their wages increase, on average, 25 percent within two years of expungement.
With the passage of Senate Bill 57: 136,000 Kentuckians can now petition the court to expunge their eligible Class D felony!
House Bill 40 and the new law Sentate bill 57, permits 136,000 Kentuckians to expunge their eligible Class D felony criminal record!
Hundreds of thousands of Kentuckians with misdemeanor 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."