A Victory For Fresh Starts In The Bluegrass State

IJ just scored a major victory for one group of workers in Kentucky: people with criminal records. After more than two years of IJ’s legislative advocacy, the state enacted a “fresh start” law that will reduce collateral consequences for rehabilitated people seeking work in the Bluegrass State. This is the latest victory in IJ’s campaign to secure the right to earn an honest living and a second chance for people looking to overcome past mistakes.

Until now, Kentucky lacked a predetermination process allowing people to learn in advance whether their criminal record would disqualify them from a particular job or license. This lack of transparency made it harder for people to find work and for employers to hire.

Knowing upfront whether a criminal record is disqualifying is important because people may spend significant time and money completing licensing and other job requirements only to discover they are ineligible at the end. And that uncertainty can discourage people from pursuing opportunities in the first place.

The new law also expands the factors that the government must consider in deciding whether a record should affect a license. This encourages individualized consideration of the applicant’s criminal history and life circumstances. 

That consideration matters for real people. Take former IJ client Rudy Carey. After overcoming addiction himself, he wanted to help others do the same. But an old conviction prevented him from working as a substance abuse counselor in Virginia. An IJ victory helped remove the barrier for Rudy. 

Kentucky’s reform gives people who have turned their life around, like Rudy did, a chance to reenter the workforce. IJ’s victory in the state reflects our multistate strategy for reducing barriers to work for returning citizens nationwide—reforming licensing laws through legislation and fighting for the right to earn a living in courts.

That fight is playing out right now in IJ’s Texas case on behalf of Katherin Youniacutt and Tammy Thompson, two grandmothers who beat addiction and earned master’s degrees in social work. Yet decades-old convictions still bar them for life from pursuing careers in that field. IJ is fighting to vindicate their right to work. 

Like Katherin and Tammy, many Kentuckians with old convictions have worked hard to rebuild their lives, only to encounter barriers when seeking professional licenses. This legislative victory in Kentucky now helps break down those barriers. 

Past mistakes should not prevent people from reentering society, pursuing a meaningful career, or earning an honest living. With this latest reform, Kentucky joins 29 other states and Washington, D.C., in offering a predetermination process. And IJ won’t stop until every person who is rehabilitated has the opportunity for a fresh start. 

JoJo Tompkins is IJ’s legislative and outreach coordinator.

A Fresh Start In Virginia

Last fall, IJ won a related case on behalf of Melissa Brown in nearby Virginia. 

In 2001, Melissa snatched a stranger’s purse to pay for drugs; in the decades since, she has turned her life around and dedicated herself to helping others overcome drug abuse, just as she did. 

But because of her robbery conviction, Virginia law forever barred her from being hired as a substance abuse counselor—even as the state itself says that the law blocks qualified applicants with “invaluable” experience.

After IJ got involved, a federal judge agreed. She ordered Virginia to allow Melissa into a screening that it has for people with some criminal convictions, including burglary but not robbery.

Since then, Melissa hasn’t just set her sights on counseling. She bought an entire rehab facility! And this June, she passed the screening. She promptly hired herself and started counseling that very day. 

We’re delighted for Melissa and excited for an even bigger legal win to come. The case continues in the state’s appeal, and we’re looking forward to setting precedent across the mid-Atlantic.