Goodwill, partners offer expungement clinic; Upcoming changes in law will make it easier for some

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Tyler Scott, an attorney who works for the Kentucky Department of Public Advocacy, provides a consultation with Glasgow resident Sean Anderson during an expungement “clinic” on Wednesday at Western Kentucky University’s Glasgow campus.Melinda J. Overstreet / Glasgow Daily Times

GLASGOW – Changes approved in the 2019 General Assembly will make it possible for some who aren’t eligible now to get their criminal records expunged.

In the meantime, Goodwill Industries, in conjunction with several community organizations and state agencies, wants to help individuals with records learn about the process and whether they are eligible to get that part of their histories cleared as it helps link them to potential employment opportunities as well.

Goodwill Industries and its partners – South Central Workforce Board, Legal Aid Society, Department of Corrections, Kentucky Career Center, Southern Kentucky Reentry Council, South Central Workforce Development Board, Department of Public Advocacy and Administrative Office of the Courts – offered a four-hour “expungement clinic” at Western Kentucky University’s Glasgow campus on Wednesday.

As participants signed in, they were provided a form to complete, and it was given to one of three Department of Corrections representatives who entered the information into a computer for a free background check of the person, which was printed to provide a look at convictions.

From there, a participant was sent to a preliminary intake interview with a Kentucky Legal Aid Society attorney to determine income eligibility for services provided, for example, and then to one of four other attorneys who reviewed the person’s record and discussed expungement eligibility and options.

“This is a great opportunity for folks to come out to learn more about expungement and about how to get criminal offenses potentially expunged from their criminal history” said T.J. Shockley-Hunt, regional manager of career services for Goodwill Industries. “Goodwill understands, as does the South Central Workforce [Development] Board, that many times criminal history is a barrier to self-sufficiency, and so folks, many times the things that are on that criminal history hurt them and the ability to find additional employment or find better employment. So Goodwill’s been holding expungement fairs across the state in order to assist.”

In addition to the consultation with an attorney, participants were provided the opportunity to meet with people from the Kentucky Career Center, the workforce board and/or Goodwill Industries to learn about employment services and opportunities with or without expungement.

“Even if their charges are not eligible for expungement, we do know a lot of second-chance employers that will hire folks with criminal history, so we want to be sure folks understand that,” Shockley-Hunt said.

Sean Anderson of Glasgow was among those who came to the event to get information. Although what he learned was disappointing because he had three separate felony cases roughly 16 years ago and only one of them could be expunged, he was still glad he came, he said.

“This is a great public service they’re providing,” he said. “I think it’s a good idea.”

While his current employer of six years was understanding, particularly with the length of time since his convictions, it hasn’t always been easy finding a job with his record, Anderson said.

“[The event] saved me a lot of money from going to a [private] attorney and having to pay them $200 or $300 to find out what I found out here for free,” he said. “I do think this is a good service they provide, because everybody does deserve a second chance.”

He said he was glad the expungement laws exist.

“A lot of people have done stupid things and paid for their stupidness. I think it’s unfair for them to keep having to pay for it for the rest of their lives,” Anderson said.

The attorneys on hand said several of those who attended had a similar situation as Anderson’s with multiple felonies, but sometimes there are still ways they can help. Legal Aid also tries to help with getting fees waived when possible.

Tyler Scott, the DPA attorney providing consultations Wednesday, said that where a person can only get one felony expunged now, the new law that goes into effect in July allows for more than one felony if they are part of the same incident or series of crimes.

That was one of the primary changes in the Senate Bill 57 signed by the governor March 26, he said. Also, the list of felony crimes not eligible for expungement is also considerably shorter, Scott said.

Those still excepted from the possibility are: fourth or subsequent convictions in 10 years for driving under the influence; third or subsequent convictions in five years for fourth-degree assault; impersonating a peace officer; abuse of public office; sex offense; offense against a child; and crimes resulting in serious bodily injury or death.

Scott said the latter three are not defined in the newly amended statute.

Another change that will take effect in July is that any conviction prior to Jan. 1, 1975, for a Class D felony or offense or series of felony offenses not among those excluded in the list above and that was punishable by five years’ or less incarceration is now eligible for expungement.

Instead of a filing fee of $500 for a felony expungement, the changes to the law also include a $50 filing fee with the application and then, once the expungement is approved, an expungement fee of $250 that can be paid in installments over 18 months, which Legal Aid attorney Stuart Warren described as a “big thing.” The expungement is not complete until it is all paid.

These fees are on top of the $40 fee for the certification of eligibility.

Costs are lower for misdemeanor expungements, the number of which is essentially unlimited.

Monica Morgan of Cave City was another participant, and she said the majority of her record can be expunged, but she will probably wait until after the changes to the law take effect to apply because of the allowance for more than one felony in a single incident, but even then she may have another on her record, and that would keep her from putting the social work degree she’s earned to use with a state agency.

“We’re all playing it by ear on this,” she said.

For now, she is a team leader for Goodwill Industries at its Glasgow store and is utilizing what she has learned in that role.

Regarding the event in general, she said, “It’s a great opportunity for the people of Barren County.”

The law also has a new section that details the use of the fee funds received.

A few other things to keep in mind about having a conviction vacated or expunged is that the application may not be filed any sooner than five years after completion of a sentence or parole or probation; the commonwealth’s attorney’s or county attorney’s office that prosecuted the case is notified of the application and has 60 days to file a response; a hearing is to be scheduled, and the prosecutor is to notify the victim of the crime, where applicable, of that hearing.

The Goodwill event aligns with Second Chance Month, which was launched by the Prison Fellowship in 2017 as a nationwide effort to raise awareness about barriers to employment. According to the Prison Fellowship website, approximately 1 in 3 American adults has a criminal record, which limits their access to education, jobs and housing.

“Goodwill works hard every day to support people who want to work, but need help getting a foot in the door or simply a second chance,” said Amy Luttrell, president and CEO of Goodwill Industries of Kentucky, via a press release. “We’re proud to have strong partners working by our side so Kentuckians can work towards realizing their potential when given an opportunity.”

KENTUCKY FELONY EXPUNGEMENT LAW

Kentucky Revised Statute 431.073 (current version)

https://apps.legislature.ky.gov/law/statutes/

2019 Senate Bill 57 (to see revisions taking effect in July)

https://apps.legislature.ky.gov/record/19rs/sb57.html