The application form is simple (“intended to facilitate application by individuals who lack formal education”) and is filed with the local probation office. Pardons in Kansas are rare, with expungement the preferred restoration remedy. Deferred sentencing results in expungement upon successful completion. Deferred sentencing is authorized on a one-time basis for misdemeanors and first felony offenses, excluding certain serious crimes; no conviction results but expungement is unavailable. Persons convicted of domestic battery may not possess a handgun, and they may petition the court for restoration after five years. Public employers may consider criminal history only when an applicant is a finalist, while private employers may consider criminal history information after review of the application. A hearing is mandatory in all felony cases, and only if the prosecutor objects in misdemeanor cases. Eligible convictions may be expunged upon motion ten years after completion of sentence for felonies and five years for misdemeanors, if there have been no intervening convictions and no pending charges.
The governor’s constitutional pardon power is subject to regulation relative to “the manner of applying.” The parole board must be consulted, but its advice is not binding.
Sealing follows deferred adjudication for people with no prior conviction charged with any felony and misdemeanor offenses except those punishable by death or life imprisonment. Under Kentucky's Constitution, any Kentuckian convicted of a felony loses certain civil rights, including the right to vote and the right to hold public office. While the governor is still required by statute to premise action on a board recommendation, after a hearing, that recommendation is no longer binding. The court “may seal” the record of eligible felonies, “if the court finds by clear and convincing evidence that doing so would further the interests of justice,” considering certain factors related to the likelihood of recidivism. Getting back your gun rights can be very difficult. The governor decides and may (but is not required to) consult parole board. On December 12, 2019, Governor Andy Beshear issued an Executive Order that automatically restored the right to vote and the right to hold public office to Kentuckians who were convicted of non-violent felonies under Kentucky law and who have repaid their debt to society by completing their sentences. Intervention in lieu of conviction is available for those with no prior violent felony convictions. Many licensing boards not covered, but those that are must list disqualifying crimes, minor misdemeanors may not be considered after five years, and non-conviction records may not be considered at all.
Additionally, up to six misdemeanors (except for domestic violence and DUI convictions) may be expunged after an arrest-free waiting period of 10 years if the person has no prior felony conviction. Public employment and occupational licensure may not be denied based on conviction unless it “directly relates” to the position or license at issue. Most non-conviction records may be automatically expunged, and expungement upon petition is also available without a hearing, notably to expunge dismissed charges in cases resulting in conviction. Eligibility to hold public office is restored four years after completion of sentence. The governor’s constitutional power to pardon first felony offenders is unlimited, and he is authorized but not required to consult with the parole board.
Juvenile records may be sealed at any time upon a showing of “good cause,” and must be sealed when the person reaches the age of 21. Pardon relieves all legal disabilities and authorizes expungement if pardon expressly provides. Pardons are frequent and the process regular: the overall pardon grant rate for those who are eligible has increased in the past five years from under 50% in 2013 to over 75% in 2018. Expungement of prostitution convictions not involving violence is available to victims of human trafficking 60 days after the judgment.
The waiting period may be reduced to three years if the person is seeking expungement only for disorderly offenses. © 2017 Commonwealth of Kentucky.All rights reserved. Public employers and licensing agencies must demonstrate, before they may reject an applicant based on criminal history, that a conviction is “directly related” to a job or license, and that the applicant has failed to show “sufficient rehabilitation and present fitness to perform.” Rehabilitation may be demonstrated by avoiding arrest for a year after release or by successful completion of probation or parole. Pardons lift all disabilities and penalties stemming from a conviction. Victims of human trafficking may have prostitution convictions vacated and sealed. Convictions for all but violent and sex offenses may be set-aside and charges dismissed upon discharge, but no sealing or expungement results. The rights to hold office and serve on a jury may only be restored by the Board of Pardons. Courts have inherent authority to redact conviction records to expunge dismissed charges. Mississippi has no general law regulating consideration of criminal record in employment, and it has none of the limits on application-stage inquiries for public employers that exist in numerous states. There are no formal eligibility criteria.
Employers and licensing agencies also may not ask about or act adversely based on non-conviction records. The constitution requires all applicants for pardon to post notice in a newspaper in the county of conviction 30 days prior to making application to governor, setting forth the reasons why clemency should be granted. These rights are restored automatically upon completion of any period of imprisonment, parole, or probation. State employers are prohibited from inquiring about criminal history on employment applications, but the law provides no standards for decisions thereafter. Youthful Offender Act (age 17 to 25) convictions for first offense minor felonies and non-violent misdemeanors may be expunged after five years if no prior or subsequent convictions. New Jersey The court must destroy public records in cases of acquittal or where charges have been dismissed; the court may also redact conviction records to expunge dismissed charges from electronic databases.
I have since been through the process of getting my gun rights restored here in WA and my lawyer assured me that I was good to go.
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