Expungement can remove that last road block to the job you have always wanted.

I am attorney Benham Sims and I have handled hundreds of expungements as a defense attorney, prosecutor and Judge. I meet with clients every week who are under the mistaken impression that if a criminal charge was dismissed the charges are removed (expunged) from their record. Remember, criminal charges will stay on your criminal record forever unless you file a motion with the court to expunge your record. 

73% of Human Resources Offices run criminal background checks on all job applicants

As a long time Human Resources manager in Kentucky, I can tell you with confidence, employers will check an applicant’s criminal background prior to making hiring decisions. In this competitive job market, employers often receive hundreds of applications for job postings. When applicant’s apply for a job they should expect being asked to sign a statement giving the employer permission to run a criminal background check. Sometimes the statement is even on the application. Every job application will include questions regarding the applicant’s criminal history. Background checks are usually processed on a national, state, and local level. Most companies have human resources staff, or outsource background record checks, to review the criminal history of a perspective employee. Most background checks provide information to employers about both arrests and convictions. Even if the charge was dismissed against a perspective employee, the background check will alert employers that an applicant has an arrest for DUI, alcohol intoxication, possession of marijuana, possession of a control substance, shoplifting, theft charges, assault charges, disorderly conduct, and domestic violence arrest. For those seeking sales positions, the employer may also review driving records to determine whether a sales associate is permitted to drive a company car or receive a stipend for automobile reimbursements. Obviously, if a employer has two equal applicants in terms of experience, references, and ability; the criminal background check may be the difference in offering an applicant a job-or even an interview. While the practice of running background checks used to be reserved for large companies, the practice is much more common today. First of all, the internet allows even small companies to research applicant’s employment history, education, and criminal record. Employers even use the internet to review and monitor employees and applicant’s Facebook, Twitter, and Myspace pages. A recent trend of small and midsized companies outsourcing records checks, permits employers to gather a tremendous amount of information about applicants that wasn’t available even a decade ago. Today, with a few clicks of a mouse, a human resource manager can obtain a criminal background check, Facebook, Twitter, and Myspace entries. Without a doubt, when applying for a job or a promotion, you should be prepared for an employer to thoroughly review your criminal background. If you have a charge or conviction on your record, please know that employers will use this information in their calculus in determining whether to review your resume or send you a rejection letter. I believe any human resource professional would recommend applicants to review their record and expunge any entry on their criminal record to enhance their chances of securing a job interview.
Rebecca Wilson, PHR
Rebecca Wilson has served as a Adjunct Professor of Human Resources at Bellarmine University College of Business and has worked for a number of Kentucky’s largest companies as a Human Resources Professional or Consultant.

No criminal charges

If all the charges were dismissed against you, I can seek to expunge your record 60 days after the dismissal of your charges. If you pled guilty to a misdemeanor, and have no other criminal record, i can prepare a motion and order to expunge your misdemeanor record 5 years after a finding of guilt. Call my office for a free consultation.

Expungement

Expungements are governed by statute (KRS 431.076-431.078):

http://www.lrc.ky.gov/krs/431-00/076.pdf and http://www.lrc.ky.gov/krs/431-00/078.PDF

and are not left to the discretion of the Judge or prosecutor. Only misdemeanor offenses may be expunged. However, there are certain felony drug offenses that are potentially eligible for expungement. Additionally, some felony pleas and sentencing orders allow for the expungement of felonies after the successful completion of the terms of diversion or probation. It is crucial for you to secure representation by an experienced criminal defense attorney when charged with a felony to ensure that the correct language permitting the expungement of the charge is included in any guilty plea and/or sentencing orders of the court.

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Benham J. Sims, III,
Former Jefferson District Judge

It is rare to find a practicing attorney who has served as a Judge, trial prosecutor, defense attorney, author, special prosecutor, special public defender. Because of this experience, I have been asked to serve as a seminar instructor at prosecutor conferences, public defender conferences, police department training, and for the Kentucky and Louisville Bar Associations. In 2008, I had the honor of serving as a Special Justice on the Kentucky Supreme Court. My life and work experience gives me a unique perspective.

After earning my Juris Doctor from the University of Louisville School of Law in 1989, I was appointed an Assistant Jefferson County Attorney. I prosecuted murder cases in juvenile court, theft and drug cases in felony misdemeanor court and warrant courts, and gained statewide recognition for prosecuting DUI cases. I created and served as the Director of the DUI Jury Trial Division in the Jefferson County Attorney's Office and wrote the Kentucky Prosecutor's DUI Trial Manual, "But Occifer, I only had two beers".

In 1995, I was the only county attorney in the state to receive the Mothers Against Drunk Driving "MADD" Outstanding Public Service Award. Later that same year, Attorney General Ben Chandler honored me with the Outstanding Public Servant award on behalf of the Kentucky Prosecutors Association. The following year the Jefferson County Fraternal Order of Police recognized me as their "Prosecutor of the Year".

In 1997, Attorney General Chandler asked me to serve as Special Counsel to the Kentucky DUI Task Force, charged with drafting the new DUI law for presentation to the 1998 Kentucky General Assembly. Later that same year, the Governor appointed me Judge in Jefferson District Court. I presided over numerous bench and jury trials. After leaving the bench, I was one of three lawyers asked to serve as a "special public defender" by the Jefferson County Public Defender's office. In that capacity, I represented a number of indigent clients. In 2008, I was appointed by the Governor serve as a Special Justice on the Kentucky Supreme Court.

I have been representing clients in a variety of criminal and civil courts in Jefferson and surrounding counties since 1989. My practice primarily focuses on criminal law, personal injury, assault and battery, DUI, traffic offenses, theft, drug crimes, drug forfeiture, and drug trafficking. My practice primarily involves helping people charged with a crime navigate through the state's busiest court system.

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