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People with criminal records often have a difficult time finding employment. New laws are giving them a second chance, including a recently passed bill in Kentucky.

The Push to Provide Second Chances

Millions of Americans have criminal records. While some are serious enough to warrant the denial of employment, others are minor and not relevant to prospective employers. However, merely having a record can be a massive detriment to people who are looking for work.

Initiatives such as Ban the Box and the Fair Chance Pledge have been developed to help people with minor offenses on their record. A new Kentucky law seeks to provide further assistance by empowering people with non-violent offenses to have their records expunged.

If a criminal record is expunged, then it will not be reportable on an employment background check. That means a prospective employer would not see that an applicant ever had a criminal conviction. It allows the candidate to be judged based on merits such as previous employment, skill level and ability to perform job duties.

Kentucky House Bill 40

On December 28, 2015 the state of Kentucky passed House Bill 40. This authorized people with minor, non-violent misdemeanors and felonies to have those records expunged. The state's Chamber of Commerce was a big proponent of this bill and helped generate support.

The initial goal was to address a workforce shortage in the state. Ashli Watts, Vice President of Public Affairs at the Kentucky Chamber of Commerce, said: "The reason we pushed for the law is we were hearing from employers that this was needed. In the past couple of years we really started hearing from employers that there was a workforce problem in Kentucky and this was a way to address it."

Success of the Kentucky Law

One year after passing House Bill 40, Kentucky officials noted a sizable increase in the number of requests to expunge felony records. They received nearly twice as many requests as they had the year before. A Kentucky county judge named Mike Buchanon feels the new law has been successful. He noted that citizens who take advantage of this opportunity have a much better chance at finding a good job.

The process begins when someone fills out an Application to Vacate and Expunge Felony Conviction document and files it in the county where they were convicted. Unless a Prosecutor objects, a hearing is scheduled within 60 days. Then the case is heard and a final decision is made. If all goes well, the person will have a misdemeanor or felony officially removed from their record.

According to Ashli Watts, the Chamber of Commerce hasn't heard any negative feedback and they have received several positive comments from Kentucky businesses.

What This Means for KY Employers and Job Seekers

The passing of this bill benefits employers and job applicants. Many businesses in Kentucky have a difficult time filling all of their job openings. There simply aren't enough applicants. House Bill 40 creates a deeper talent pool and gives employers more opportunities to succeed.

This law is also a great benefit for job seekers. People who might have been automatically overlooked due to a minor record may now have a better chance at finding employment. Expunging a criminal record offers the person a clean slate and the possibility of a fresh start.

Kentucky employers should be aware of this policy and make sure they only use current and reportable information to help them make hiring decisions.