HB 64 - Authorizes Felony Record Expungement - Kentucky Key Vote

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Title: Authorizes Felony Record Expungement

Vote Smart's Synopsis:

Vote to pass a bill that authorizes certain low-level felons to have their records expunged.

Highlights:

  • Authorizes an individual convicted of a Class D felony to petition the court 5 years after the completion of their sentence or probation to have their record expunged (Sec. 2).
  • Authorizes an individual to petition the court to have their record expunged if felony charges were brought against them that did not result in an indictment (Sec. 1).
  • Requires the court to expunge the record of a petitioning Class D felon if the individual meets certain conditions, including, but not limited to, the following conditions (Sec. 2):
    • The individual was not convicted of a sex crime, a crime against a child, or elder abuse;
    • The individual has no felony convictions prior to the conviction to be expunged; and
    • The individual has not been charged or convicted of any other offenses since the conviction to be expunged.
  • Prohibits an individual from being prohibited from possessing firearms based on a felony conviction if the record of the conviction has been expunged by the court (Sec. 3).
  • Prohibits an individual with an expunged record from being required to disclose any information from that record on an employment or credit application, unless otherwise required to by state or federal law (Sec. 1).
  • Specifies that the provisions of this bill are retroactive, and that an individual convicted of eligible felony or non-felony offenses prior to the enactment of this bill may petition the appropriate court for expungement of their records (Sec. 2). 

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