The Kentucky General Assembly passed Senate Bill 57 in the Spring of 2019. The new expungement law dramatically increases the number of Class D felonies now eligible for expungement. According to the Administrative Office of the Courts, over 126,000 Kentuckians can expunge their eligible Class D felony conviction. The legislature also reduced the expungement felony filing fee from $500.00 to $250.00.
The new law places the burden of proof by "clear and convincing evidence" on the person petitioning for expungement to convince the court that they are rehabilitated, not likely to re-offend, the expungement is in the interest of the welfare and safety of the public, and the interest of justice. The new law, in other words, leaves it up to us to convince a Judge to grant the expungement if the prosecutor or victim objects. Hiring an experienced expungement lawyer has never been so important as it is today!
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:
(a) The charge is one of the 61 eligible Class D felonies;
(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
View the list of 61 eligible eligible Class D Felonies under House bill 40 https://helpexpungeme.com/61-class-d-felonies/
In the spring of 2019, the Kentucky General Assembly passed Senate Bill 57 which now permits the expungement of hundreds of other Class D felony offenses that were previously barred from expungement
The new law goes into effect on June 27, 2019. Senate Bill 57 still prohibits the expungement of DUI felony charges, any offenses committed against a child, and sex offenses. In addition, the law prohibits the expungement of a breach of public trust offense. But instead of just 61 Class D offenses eligible for expungement under House Bill 40, Senate Bill 57 opens the door for expungement of hundreds of other previously not eligible Class D felony offenses.
The Bill also places the burden of proof by clear and convincing evidence on the person petitioning the court for expungement. The petition must 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.
The 2019 law (Senate Bill 57) requires:
The person had not
(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.
If the prosecutor or victim objects, the court shall schedule a hearing within one hundred twenty (120) days of the Commonwealth's response. The prosecutor shall specify in the objection the reasons for believing a denial of the application is justified. At the hearing at which the applicant or his or her attorney must be present, the applicant must prove by clear and convincing evidence that:
(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.
At the hearing, you may testify as to the specific adverse consequences you may be subject to if the application is denied. The court may hear the testimony of witnesses and any other matter the court deems proper and relevant to its determination regarding the application.
The Commonwealth may present proof of any extraordinary circumstances that exist to deny the application. A victim of any offense listed in the application shall have an opportunity to be heard at any hearing held under this section.
If the court determines that circumstances warrant vacation and expungement and that the harm otherwise resulting to the applicant clearly outweighs the public interest in the criminal history record information being publicly available, then the original conviction or convictions shall be vacated, and the records shall be expunged.
The order of expungement shall not preclude a prosecutor's office from retaining a nonpublic record for law enforcement purposes only.
I believe we can personalize you to the court and persuade the judge to expunge your order. Because I need to personalize you to the court, I ask that you call my receptionist Charlene Manley at (502) 589-6190 to schedule an appointment to meet with you. If you live out of town, my receptionist will schedule a phone interview. I do not charge for the initial expungement client interview
You can review the bill yourself by clicking on:https://apps.legislature.ky.gov/recorddocuments/bill/19RS/sb57/bill.pdf