The Kentucky General Assembly passed Senate Bill 57 in the Spring of 2019. The new bill dramatically increases the number of Class D felonies now eligible for expungement. It also places the burden of proof by clear and convincing evidence on the person petitioning for expungement to convince the court that they are rehabilitated, are not likely to reoffend, the expungement is in the interest of the welfare and safety of the public, and in the interest of justice. In other words, it is up to us to convince a Judge to grant the expungement if the prosecutor or victim objects. The good news is that legislature has reduces the expungement felony filing fee from $500.00 to $250.00.
Track 1 (a) The charge is one of the 61 eligible Class D felonies;
In 2016 Kentucky passed House Bill 40, which permitted, for the first time, the expungement of 61 Class D felonies such as felony theft, burglary, possession of controlled substance. The law permits the expungement of only one (1) eligible Felony conviction or a series of Class D Felony eligible felony charges arising from a single incident. In order to grant your expungement, the Court must find:
(b) The person had not previously had a felony conviction vacated and the record expunged pursuant to this law;
(c) No proceeding concerning a felony or misdemeanor is pending or being instituted against the person;
(d) The petition to expunge was filed no sooner than five (5) years after the completion of the person's sentence, or five years after the successful completion of the person's probation or parole, whichever occurs later;
(e) The person has not been convicted of a felony or a misdemeanor in the five years prior to the filing for expungement
(a) The charge is one of the 61 eligible Class D felonies;
(a) After the effective date of this Act, had a felony conviction vacated and the record expunged;
(b) The person had not in the five (5) years prior to the filing of the application to have the judgment vacated been convicted of a felony or a misdemeanor; and
(c) No proceeding concerning a felony or misdemeanor is pending or being instituted against the person.
(d) The person has been rehabilitated and poses no significant threat of recidivism.
(a) Vacating the judgment and expunging the record is consistent with the welfare and safety of the public;
(b) The action is supported by his or her behavior since the conviction or convictions, as evidenced that he or she has been active in rehabilitative activities in prison and is living a law-abiding life since release;
(c) The vacation and expungement is warranted by the interests of justice;
Any other matter deemed appropriate or necessary by the court to make a determination regarding the petition for expungement is met.