Pardons and Restorations of Civil Rights

 

   Approximately 61 Class D felony convictions are eligible for expungement in Kentucky. The list of eligible felonies include many commonly committed crimes, like Receiving Stolen Property, Theft By Unlawful Taking, and Flagrant Non Support.  Unfortunately, the list does not include many other Class D felonies or any Class A, B, or C felonies. The law also only allows you to expunge one Class D felony or a series of felonies arising from a single incident.  So for example, if you committed two Class D felonies from the eligible list, one in 2010 and the other in 2005, you will only be able to expunge one, which will still leave with you a felony conviction on your record.

Hopefully, overtime the Kentucky General Assembly will add to the list of eligible felonies and allow more than one felony to be expunged from a criminal record.  But until that happens, we want to let you know about other resources available to help you with your convictions.

There are two primary resources available to Kentuckians for helping you overcome some of the disadvantages of having a felony conviction. The first is an official pardon from the governor of Kentucky and the second is a restoration of your civil rights. If you are able to receive either a full pardon or a restoration of your civil rights, you will gain back many of your civil rights, like the right to vote, run for office, and serve on a jury. However, only a full pardon from the governor will give you back the right to own and use a firearm.

Unfortunately, neither a full pardon nor a restoration of your civil rights will remove the conviction from your record.  Employers would still be able to see that you were convicted and would be able to deny you employment.  But if you receive a full pardon, you might become eligible for some local and state government jobs, be able to receive various job licenses, and be eligible for public health benefits. For more on pardons under Governor Beshear and Governor Bevin click here.

For more information about each of these resources including the governor’s contact information and the restoration of rights application, please see below.

Full Pardon

A full pardon is an official act of forgiveness by the governor.  The previous Kentucky governors have required a 7 year waiting period after the completion of a criminal sentence before you could be considered for a pardon.  To apply for a pardon you must request the application directly from the governor’s office.  Governor Bevin’s pardon office contact information is: Office of the Governor, State Capitol, 700 Capitol Avenue, Frankfort Kentucky, 40601. Phone: 502-564-2611. Email: malexander@ky.gov.  

It is important to note that the governor can also grant a partial pardon, which often do not grant the right to own a gun.

Restoration of Civil Rights

To apply to have your civil rights restored you must have completed your sentence and not have any pending charges. The restoration process is handled by the Department of Corrections, Division of Probation and Parole. You can click here for a .pdf version of the application. Please remember that a restoration of your civil right does not include the right to own a firearm.

If you aren’t sure whether you are eligible to expunge your conviction, contact us at Unconvicted.com.  Our law firm also offers free legal services for those seeking a restoration of their civil rights.