You may apply to expunge or remove a felony conviction from Kentucky’s legal database. If successful, a prior offense will not appear on your record during a background check.
Not all convictions qualify for deletion. You may, however, apply to erase certain Class D felony offenses, as noted by Kentucky’s Administrative Office of the Courts.
You can submit an application to remove a conviction five years after your sentence, parole or probation has ended. Upon approval, the court may dismiss and remove the information about your conviction from its retrieval system.
Advantages of record expungement
Requesting to remove a felony offense could help an individual who needs to find work after completing his or her sentence. In 2017, The Bluegrass State joined 34 other states that have adopted a fair-chance policy for individuals with a prior criminal conviction.
Known as a “ban-the-box” state, Kentucky employers engaged in for-profit activities may not ask potential job candidates about their prior felony convictions. According to the National Employment Law Project, a job applicant need not disclose an arrest or conviction while seeking employment with a private-sector company.
If hired, however, an individual may then need to provide his or her consent to allow an employer to conduct a state-run background check. This may, in certain cases, reflect a requirement for a promotion. With an expungement, however, a previous Class D felony conviction may not appear in the background check’s results.
Reinstatement of privileges
Another benefit of removing a felony record is that an individual may then register to vote and have a say in electing public officials. Overall, suppressing a record about a past felony conviction allows you to apply for work, attend college and obtain housing. Qualifying for a loan or a driver’s license may also require passing a background check.
Having control over the information others can see could help in moving forward with your life. Kentucky’s courts, unfortunately, do not approve all applications for expungement. An individual, however, may apply for an appeal or a hearing to overcome a denial.
