Shumate, Flaherty, Eubanks & Baechtold
Call For A Free Consultation
859-353-0878 | 800-494-9916
Menu Contact
Due to precautions related to COVID-19, we have expanded our options for remote consultations. Please contact our office to discuss whether a full phone consultation or video conference is appropriate for your situation.

What HB 40 means for those with a Kentucky criminal record

On July 15, 2016, House Bill 40, a new law passed by the Kentucky General Assembly, went into effect. The Bill expands the scope for expungement in Kentucky, allowing for certain Class D felony convictions to be expunged from an individual's criminal record.

Expungement is the legal process by which a person can ask for court records and arrest information relating to a criminal offense to be sealed by the courts. This prevents the arrest and conviction from appearing in any background checks. The new law allows more people who have completed their sentence to benefit from the process – and the benefits are numerous.

A criminal record can make it difficult to gain employment or housing and exclude a person from opportunities such as volunteering at their child's school. In some cases, merely having an arrest on your record – even if no charges were filed or you were found not guilty – can lead to discriminatory treatment from an employer or lender. If you were convicted of a crime and have completed your sentence, you may feel understandably aggrieved that you are continuing to be punished by being locked out of these fundamental aspects of life.

Expungement is more than a note to say that an offense should no longer be considered part of your criminal record – it completely erases and vacates the conviction, as if it had never occurred. Through this process of vacation, all records relating to the conviction will be deleted or removed from the computer systems of the courts and other agencies. This ensures that should any potential employer, lender or landlord make an inquiry, the offense will not appear on official state-performed background checks.

Expungement gives a second chance to those who have found it difficult to succeed after an arrest or conviction. The expanded scope provided by HB 40 has enabled even more Kentuckians to benefit from this opportunity. If your life has been affected by your criminal record, it is worth seeking the advice of an experienced criminal defense lawyer to find out if you are eligible for expungement.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Free Consultation

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Flexible Appointments And Meeting Locations

We offer flexible appointments to accommodate your busy schedule. In addition to regular business hours, our attorneys are able to meet with injured clients, who are unable to travel, on nights and weekends, as well as at off-site locations such as your home, office or hospital.

Call Shumate, Flaherty, Eubanks & Baechtold at 859-353-0878 to schedule a free consultation today. You can also send us an email. Flexible appointments available.

Shumate, Flaherty, Eubanks & Baechtold

225 West Irvine Street
Richmond, KY 40475

Toll Free: 800-494-9916
Phone: 859-353-0878
Fax: 859-623-6406
Richmond Law Office Map

P.O. Box 157
Richmond, KY 40476