Lawyer creates web app to help felons
Mike Schultz admits it. He was a deadbeat dad.
In 1996, he was so far behind in child support – $11,000, in fact – he pleaded guilty to flagrant non-support, a felony.
“It’s like a scarlet letter,” he said. “No matter what you do, you have to tell people.”
Schultz has lived with the conviction for 20 years and figured he’d have to for the rest of his life.
That is until the Kentucky legislature took up felony expungement legislation during its last session. He followed the bill’s progress every day and kept seeing the same attorney’s name pop up online: Brad Clark.
“He was answering questions and following the progress of the bill as much as I was,” Schultz said.
When the bill passed, Clark quit his job in the public defender’s office to exclusively help convicted felons erase their records and restore their rights. Schultz was one of his first clients.
“Just seeing how this system grinds people and destroys them, good people who may have made a mistake, you know, it got to me,” Clark said. “So I started to feel like this was kind of my next calling.”
Once the law goes into effect July 15, state officials say tens of thousands of Kentuckians who’ve been convicted of certain Class D felonies — and who’ve gone five years beyond the completion of their sentences without picking up new charges — may qualify to have their records expunged.
Clark figured there had to be a way to quickly reach as many people as possible. So he created a web app called unconvicted.com. The Russellville native and self-taught programmer likened it to Turbo Tax — but for ex-offenders looking to wipe their records clean.
People log on and answer a series of questions in plain English about their criminal history. Within 72 hours they receive a free assessment from Clark about whether they qualify under the law to have their records expunged. From there, he charges a fee depending on the level of service he provides to the client.
Through the website and Facebook ads, Clark has already received a bevy of inquiries. From a man who retired from a distinguished career but wants his 40-year-old conviction expunged. From a single mom and former addict who wants to improve her job prospects. And from a pizza delivery guy who was convicted of theft and wants to be eligible for student loans to return to school.
“The vast majority of people I’ve spoken to picked up an offense when they were in their early 20s, maybe even 18 or 19 and then they go, they serve their sentence,” Clark said. “Most of the time they were probated. They completed their probation, and they never got in trouble again.
“But they’ve struggled in ways we don’t always think about. You can’t chaperone a school trip for your kid. … You won’t be able to get federal housing. You won’t be able to get federal student loans. Nobody is telling you that when they say, ‘Plead guilty to a felony, and you won’t go to jail, you’ll only get probation.’ ”
Schultz is a testament to those struggles. Three months after his conviction, he got custody of his son and struck a deal with his ex-wife: She wouldn’t have to pay him child support, but the debt he owed her would be wiped clean, he said. But it was too late to change the conviction. He was stuck with the felony.
Over the years, it affected his ability to get jobs. A couple of years ago he thought he’d go back to school to study radiology.
“But you can’t do radiology being a convicted felon,” he said. “The medical board won’t pass you to do that. You have to go through a hearing, and they say it’s impossible.”
He and his wife can't own a gun, either.
“She can’t have it in my house,” he said. “And she can’t have it in the car because if she says, ‘Hey, run down to the store and get some sodas’ and I run down to the store, and I’m in an accident or something and they search the car, and there’s a gun in there then I’m a convicted felon in possession of a handgun, which doesn’t even belong to me. So I’m looking to get rid of this so it doesn’t have to be like that.”
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Dave Adkisson, president and CEO of the Kentucky Chamber of Commerce, said his organization joined the chorus for reform along with social justice and religious groups because of increasing concerns over workforce shortages. The change will potentially help thousands of felons like Schultz get better jobs.
“Our philosophy right now is Kentucky needs all hands on deck,” Adkisson said. “We can’t afford to marginalize a previously marginalized population, including ex-offenders. ... It’s great that some innovation is already taking place and that people are pursuing ways to tap into this new environment.
"Because of workforce pressures, the business community is having to look at traditionally marginalized groups of people — ex-offenders, high school dropouts, elder workers, workers with disabilities. I think those groups of people will find more eager acceptance by employers.”
Schultz has a good job working for Ford now, but having the conviction expunged will be peace of mind. And Clark has the paperwork ready to file as soon as the law takes effect July 15.
“You feel like there’s people out there who judge you on it,” Schultz said. “He’s a felon. He’s a convicted felon. That makes everybody think that you’re no good, and that’s not the case. I’ve got the felony, but I’ve had a speeding ticket since, and that’s all that I’ve got on my record.
“It’s not like I’m a troublemaker. I get up, I go to work every day. I’ve raised my kids. I’ve coached my kids in baseball. I’ve been waiting a long time.”
That wait may soon be over.
Reporter Kristina Goetz can be reached at (502) 582-4642 or at kgoetz@courier-journal.com.
For information about how to file for a felony expungement, visit the Kentucky Court of Justice website at http://courts.ky.gov/felonyexpungement/Pages/default.aspx. Individuals cannot file for an expungement until House Bill 40 goes into effect July 15, 2016. The Administrative Office of the Courts cannot provide legal advice or assistance regarding felony expungements.