Summary
Potential impacts of a felony conviction, even if expunged, may include difficulty finding employment, securing housing, ineligibility for certain professional licenses, and impacts on immigration status. Some rights, like voting or firearm possession, may also be affected. Generally, after a successful expungement in Kentucky, the conviction should not appear on most background checks, but certain entities, like law enforcement or government agencies, may still have access to expunged records. Discuss these factors with an attorney to understand the best course of action.Full Conversation
In Kentucky someone was caught shoplifting and upon searching the car the police found methamphetamine and fentanyl. I believe the cops forgot to read the Miranda rights but I'm not *% sure. Also, an officer jerked one of the passengers out of the car before putting under arrest just for not pulling something up fast enough on her phone. After the arraignment, the defendants spoke with the public defender and will be given separate attorneys due to conflict of interest. The charges are felony drug possession and shoplifting for everyone. The DA is offering the Rocket Docket in Kentucky which will include 3 years probation and after completion the felony can be expunged. Is this the best route to take in this situation? These are first time offenders.
To determine the best course of action:
- Consider the strength of the defense, especially if there's potential for a Miranda rights violation.
- Assess the defendants' ability to comply with probation terms.
- Evaluate the potential impact of a felony conviction, even if it's expunged later.
It's crucial to discuss these factors with the assigned attorneys.
What are the potential impacts of a felony conviction even if it's expunged later
Potential impacts of a felony conviction, even if expunged, may include:
- Difficulty finding employment due to background checks.
- Difficulty securing housing, as landlords often run background checks.
- Ineligibility for certain professional licenses.
- Impact on immigration status or applications.
- Some rights may be affected, like voting or firearm possession.
It's best to discuss these with an attorney.
Will it show up on a background check after expungement
Generally, after a successful expungement in Kentucky, the conviction should not appear on most background checks. However, certain entities, like law enforcement or government agencies, may still have access to expunged records. It's best to confirm with an attorney.