Key Votes
HB 31 - Felony Record Expungement - Key Vote
Kentucky Key Votes
Stages
Family
- HB 31 - Felony Record Expungement
- HB 753 - Classifies Cell Phone Use While Driving as a Primary Offense
Issues
Stage Details
Legislation - Bill Sent To Committee (Senate) - March 7, 2008
Legislation - Bill Passed (House) (76-21) - March 4, 2008 (Key vote)
Title: Felony Record Expungement
Vote Smart's Synopsis:
Vote to pass a bill permitting any person convicted of a Class D felony or felonies arising from a single incident to petition the court where he or she was convicted for the destruction or sealing of his or her felony record.
Highlights:
- Requires that the person be informed of this right at the time of adjudication (Sec. 4).
- Requires that the petition be filed no sooner than ten years after the time of adjudication and shall include the name and address of any identified victim of the crime, if the victim or victims is deceased or unavailable then the name and address of a family member of the victim (Sec. 4).
- Requires the court and any other agency to seal all records if the court finds that (Sec. 4):
- The offense is not a sex offense;
- The offense is not an offense committed against a minor;
- The offense was an offense against the Commonwealth of Kentucky; and
- The person:
- Had no previous felony conviction;
- Has not, since the time of the conviction in question, been convicted of a felony or misdemeanor;
- Is not currently charged with a felony or misdemeanor;
- Has successfully completed any sentence of incarceration, probation, or conditional discharge; and
- Has paid all restitution ordered by a court.
- Allows an investigator preparing a pre-sentence investigation report to have access to any of the defendant's expunged records and to include this information in the report (Sec. 4).
- Increases the application fee for record expungement from $25 to $50 (Sec. 4).
- Allows a person convicted of a misdemeanor or violation, misdemeanors or violations, from a single incident to petition the court for an expungement of that record (Sec. 4).
- Requires that he/ she file petition no sooner than five years after the time of adjudication at which time the court shall notify the county attorney, victim of the crime, and any other person deemed relevant (Sec. 4).
- Requires the court and any other agency to seal all records if the court finds that (Sec. 4):
- The offense is not a sex offense or an offense committed against a child;
- The offense was an offense against the Commonwealth of Kentucky; and
- The person:
- Had no previous felony conviction;
- Had not been convicted of a misdemeanor or violation offense in the prior five years;
- Had not since the the time of the conviction sought to be expunged been convicted of a felon, misdemeanor or violation; and
- No proceeding concerning a felony, misdemeanor, or violation is pending or being instituted against him.
- Increases the application fee for record expungement from $25 to $50 and the case will be deemed never to have occurred and no record to exist on any type of application (Sec. 4).
- Permits the expungement of records to be retroactive and permitted to persons convicted of misdemeanors prior to July 14, 1992 (Sec. 4).
- Determines that a person found guilty as a felon in possession of a firearm, is deemed a felon if he has not (Sec. 4):
- Been granted a full pardon by the proper official;
- Been granted relief by the proper official; or
- Had his record expunged.
- Shall apply only to persons convicted with handguns after January 1, 1975 and apply only to persons convicted of other firearms after July 15, 1994 (Sec. 4).
- Shall apply this section to any minor convicted of a felony (Sec. 4).
Legislation - Introduced (House) - Jan. 8, 2008
Title: Felony Record Expungement
Sponsors
- Lawrence D. 'Larry' Clark (KY - D)
- Ted 'Teddy' Edmonds (KY - D) (Out Of Office)
- Jeffrey H. 'Jeff' Hoover (KY - R)
- Arnold R. Simpson (KY - D)
- Robin L. Webb (KY - D) (Out Of Office)
- Susan Westrom (KY - D)
- Robert D. 'Rob' Wilkey (KY - D) (Out Of Office)
