Why Expungement?

IMG_0009The most common reason why people contact me with questions about expungement is because they want to apply for a new job. Most employers will not even consider a job applicant with a criminal record, and almost all of them do criminal background checks. The primary charges an employer looks for on a potential employee’s criminal record are:

  1. Theft: If you have any type of theft charge on your record such as shoplifting or check fraud, you should contact a lawyer to pursue
  2. Crimes of violence: Incidents of workplace violence are on the If you have any type of violent criminal charge on your record such as domestic violence or assault, even if it was dismissed an employer will be reluctant to hire you.
  3. Crimes of addiction: Possession of marijuana, DUI and other criminal charges involving addiction are problematic when applying for a job. Studies show that people with addiction problems miss more work and have more health issues than Tens of millions of Americans have these charges on their records

Because of Benham Sims’ experience and passion for this issue, he was asked to help draft expungement legislation for both the Kentucky Senate and the Kentucky House (Senate Bill 79, 2014 and House Bill 40, 2015).

In addition to having a substantial impact on your ability to get a job, a criminal charge on your record can affect many other areas of your life, including:

  • Education — A charge may prevent you from getting into college or impact your ability to stay in college or private school.
  • Volunteering — You may not be able to volunteer at your child’s school, field trips or sports teams, as well as church and community organizations.
  • Housing — Landlords may not provide housing to people with certain charges on their records.
  • Credit — A conviction may impact your ability to get loans and credit cards.
  • Reputation — No one wants the public to know about a past mistake or misunderstanding.

In Kentucky, if a criminal charge on your record is expunged, you can legally answer as if it never happened on any type of application. And, the record is sealed to the public.

Benham Sims has written extensively on this topic.  His articles have been published by the Courier-Journal and the Kentucky Justice Association.  He’s also served as a seminar presenter about legislative changes for other Kentucky lawyers.

To learn more about expungement from a knowledgeable Louisville attorney, contact my law firm call my office at (502) 498-0000, or text me after hours at (502) 648-1759. I will meet with you in a free initial consultation to discuss your eligibility for expungement.