Prosecutor concerned some people may use law to mask problems from employers
By Aubrey Woods
The Tribune
SEYMOUR, Ind. (AP) — In June 2008, Kristen Brasher pleaded guilty to a Class D felony charge of attempted possession of a controlled substance in Jackson Circuit Court.
It’s a decision that has followed her on job interviews across the country over the past five years, the 25-year-old woman told The Tribune.
A state law that went into effect July 1 has allowed the former Seymour resident to erase her criminal conviction.
Jackson County Prosecutor AmyMarie Travis said she could not comment on specific cases such as Brasher’s, but she has concerns about the law because it can allow people to mask previous problems such as internal theft from potential employers.
But Travis also acknowledges she would urge a family member to take advantage of the law if they could.
Brasher now wants others with similar criminal convictions to know there’s hope.
“I think it will help a lot of other people,” Brasher said.
She was the first person to file a petition for expungement of her record in Jackson County, and only about a half-dozen more have filed requests in the county, Chief Deputy Prosecutor Jeff Chalfant said.
“We were anticipating a lot more,” said Chalfant, who is handling expungement filings in Jackson Circuit Court. Deputy Prosecutor Tyler Banks takes care of those filed in Jackson Superior Court I.
Brasher, who filed her petition on Sept. 15, said she was a different person at the time of her arrest in January 2008.
“It was the wrong place, wrong time kind of thing,” she said.
In exchange for her guilty plea, Brasher received a prison sentence of 545 days.
That sentence was suspended, although Brasher, who now lives in Scott County, spent a year in supervised probation and completed a drug and alcohol program and 40 hours of community service.
A year later, Brasher sought and received a sentence modification lowering the charge to a Class A misdemeanor.
Even that change followed her from job interview to job interview across the country, Brasher said.
“I interviewed with a lot of companies, some in Seattle and Kansas City,” she said. “I would sign things allowing companies to check my background.”
Brasher said only one company actually told her she couldn’t be hired because of her record.
“They said they had a policy that it had to be so many years in the past,” she said.
But Brasher said there was always something in the back of her mind about the conviction each time she applied for a new job. She often had to try to figure out how to answer questions about her past including “Have you ever been arrested?”
Brasher said she learned about the state expungement law when she was working as an intern at the Statehouse during the most recent session.
“I immediately called my lawyer’s office to figure out what I needed to do,” she said.
Her attorney, Brad Johnson of Seymour, did some research and determined Brasher was eligible. That process came to a successful conclusion March 14 when Brasher and Johnson attended a hearing in front of Senior Judge Frank W. Guthrie in Jackson Circuit Court.
Brasher said the hearing process was not too difficult.
“I just had to answer a lot of questions,” she said. The questions — asked solely by Johnson — helped determine her eligibility to have her record erased.
Chalfant said his role in the process is to make sure the petitioner has complied with the law.
“We believe they need to prove their case,” Chalfant said, adding there are a lot of requirements to meet to be eligible for expungement.
He said Travis has told him he should use his conscience as his guide in handling expungement cases.
If the petitioner has complied with the law, there’s not much the state or court can do, Chalfant said.
Brasher said people considering attempting to clear their criminal past should probably hire a lawyer.
“The law is pretty complicated, and it’s still new,” she said.
They also need to remember one other thing, Brasher said.
“You can only use this once,” she said.
Brasher said her life has changed since her conviction.
“I don’t do those things anymore,” she said of the events that led to her arrest.
She said she’s always had a job and is doing a lot of “right” things like volunteering in the community.
“I was an ideal candidate,” Brasher said. “”I’m a CASA (court appointed special advocate) in Scott County. I’m spending my time in courts now.”
Brasher said having her record expunged just seemed to be a new beginning.
She also recently obtained a job with a technology company in Columbus.
“I’ll probably be moving to Bartholomew County or back to Seymour,” the 2006 Seymour High School graduate said.
Brasher said the state law is a good for people such as herself who committed a criminal act years ago.
“It doesn’t have to hinder you from getting employment,” she said. “You don’t have to have your record following you the rest of your life.”
