A criminal record can be detrimental for individuals seeking employment, housing, educational opportunities, or even volunteering at your child’s school. Criminal record expungement is a legal process where a person can petition the court to have their criminal record sealed or destroyed. If granted, the conviction or arrest is treated as if it never happened. However, the process of criminal expungement can vary significantly depending on the jurisdiction. Understanding the nuances of expungement is essential for those seeking a fresh start. Get the facts on clearing past convictions.

Not All Convictions Can Be Expunged

Not all criminal convictions are eligible for expungement. The most serious types of offenses are (A), (B), and (C) class felonies are generally not eligible for expungement under the Kentucky Revised Statutes. These crimes are usually violent crimes (e.g., murder, rape, or assault). Class (D) offenses are allowed to be expunged, except for cases that are sexual in nature, crimes against the elderly, and crimes against children. Felony convictions involving firearms may also be excluded from eligibility. Most non-violent misdemeanor offenses are eligible after meeting specific conditions.

What About Traffic Violations?

Traffic violations, like speeding tickets, do not typically result in a criminal record. However, some traffic offenses, like DUI convictions, license-related offenses, or driving without insurance, may be eligible for expungement in specific circumstances.

Is There A Waiting Period?

Yes, there is a waiting period for most expunged cases. The offender must complete all jail and probation time, pay all fines and costs, complete all volunteer work, and pay all restitution in full. A person must have no criminal convictions for five (5) years before expungement can be sought. This means there cannot be a misdemeanor or felony conviction for five (5) years from the date the expungement petition is filed.

State Versus Federal Charges

Expungement laws differ greatly across different levels of government. Under state law, convictions must be expunged by the state court. However, under current federal law, almost all federal convictions are ineligible for expungement.

Reily Reentry Project

The Reily Reentry Project is an expungement program administered by the Louisville Urban League. It facilitates the expungement process for Jefferson County convictions. By completing the paperwork and covering related fees, the program saves our clients hundreds of dollars in court and attorney fees. In exchange, participants are asked to enroll in any League program that will equip them with the tools they need to be more successful as they move into more prosperous futures. This is barrier removal at its best.

What Is the “Clean Slate” Program?

The Clean Slate Initiative is a growing movement to help individuals who have paid their debt to society get a fresh start by automating the expungement processes. Kentucky has not passed a Clean Slate Act. If this legislation were passed, it would not impact current expungement laws but would make the expungement process digitally automated with no fees.

Pardons: An Alternative to Expungement

In Kentucky, a pardon is another option for removing a conviction from a criminal record. The Governor can forgive the conviction, which will restore the right to vote, own a gun, or acquire a professional license. Unlike expungement, which erases the record, a pardon doesn’t remove the criminal record itself. Obtaining a pardon is a slow, complicated process that requires a formal request to the Governor.

Governor Andy Beshear’s Executive Order

In 2019, Kentucky Governor Andy Beshear issued an executive order restoring voting rights for individuals with felony convictions who have completed their sentences. This order automatically restored the right to vote for over 140,000 Kentuckians but did not expunge their criminal records.

One in three Americans has a criminal record, which can follow them throughout their lives. Criminal record expungement helps individuals become active and productive members of society, free from the barriers that their criminal history may have imposed. It is a second chance, enabling them to improve their quality of life and contribute to their communities.

The Louisville Urban League is dedicated to fostering economic empowerment in order to elevate the standard of living in historically underserved urban communities, with our focus on Jobs, Justice, Education, Health, Housing, and Black Business.

We provide many services, including job coaching, record expungement, health navigation, financial counseling, and support for small businesses.

For more information call (502)585-4622.