Currently, only misdemeanors may be expunged according to Kentucky law. House Bill 16 would apply only to "Class D" felonies – which include theft over $300, welfare fraud and drug possession. Crimes against children, violent crimes and sex crimes could not be expunged. The bill would have required the Commonwealth's Attorney to consider all expungement requests and make a recommendation to the court.
Supporters of the bill pointed out it was necessary to give convicts a second chance at life. Employers often refuse to hire ex-cons, they noted.
The bill had a lot of support in the Democratic controlled House of Representatives, but was expected to be defeated in the Republican controlled Senate. The legislature adjourned however without ever voting on House Bill 16.
Text of House Bill 16:
- Create a new section of KRS Chapter 533 to allow persons convicted of one Class D felony or a series of Class D felonies arising out of a single event to petition to have their records expunged;
- amend KRS 431.078, relating to misdemeanor expungement, to change the application fee from $25 to $50 dollars and to begin the five-year waiting period from the date of adjudication of the offense;
- amend KRS 527.040 to exempt individuals who have had their records expunged from the statute on a felon in possession of a firearm;4) create a new section of KRS Chapter 533 require the Administrative Office of the Courts to keep a confidential index of expungement orders for utilization in the preparation of pre-sentence investigations.
6 comments:
This bill should be passed in Kentucky for for first time offenders. Look at what we have let out on the streets and the poeple that are really trying to live a normal life and follow all the laws and work for a living need that second chance. Anyone should be entitled to one mistake as long as it did not involve murder or child/sexual abuse. All other crimes including theft should get a second chance as long as there has been no other arrest or trouble of any kind. I cannot believe Kentucky would not get a bill like this passed especially being Kentucky is a bible belt state so where is the passion.
I could not agree more. If a person made a MISTAKE when they were a kid (19 yrs) that did not involve violence, kids, assault of any kind or harm anyone, except for themselves (drug conviction), why are we punishing them for the rest of their lives? I am currently 26 yrs old, mature, college graduate, never been in trouble except that one time, contributed my dues to society and them some, but cannot find a decent job. Why should we be judged for something that is in our past and does not describe who we are today? If everyone got caught for that one thing they did wrong as an adolescent, 98% of the population would be felons according to our screwed up judicial system. They just didn't get caught or had enough money to buy justice. What is this world coming to? Doesn't our government want its citizens to succeed, pay their taxes, live a good life, stay out of trouble, set examples, and learn from our mistakes? I just find it really disturbing that I sat and watched over 100 different court cases go before me as I went to court fighting my case for over a year and watched numerous violent offenders, such as a get away driver of a murder scene get a small fine an a misdemeanor and walk away with a smile! What the hell? Are you kidding me? That guy can get an expungement, but I cannot? Ky state laws are fucked up!
I think that it is a same the once you are convicted of a felony in the state of Kentucky, that you can not have it removed. I have two class D felony for child support on my record, one from 1999 and the other from 2003 and I can not get a decent job anywhere on account of those. I believe that if it is not a voilent crime or a crime against a child that you should be able to have your record expunged. I can not get a job to support my family or even pay my current support. It is a vicious circle that can not be broken due to this wonderful commonwealth.
I think anyone deserves a second chance as long as they only have had one offense and the crime did not involve sex with a child or child abuse or murder crimes. I feel anyone that has made only one mistake and their life has been cleaned up and had their civil right restored for many years that it is not fair. I am a working person and have worked all my life. I do think the crime should be at least 10 years old but it is sad that we let perople out on the streets everyday that have done so much more and drug dealers get off . I am not saying the judicil system is perfect but this should be a priority. Everyone deserves a chance to get their records expunged in the right cases. You go through life looking over your shoulder afraid that someone will bring this up or get wind of this past crime. You worry about your kids suffering from finding out. It should be looked at and be a priority. If you have your voting rights back then you should have a seconed chance and we pay taxes and work.
I could not agree more. First time offenders should get a second chance at a clean record. If you only had one offense and as long as it did not involve murder or child/sexual abuse, they should have a second chance. This should be a priority in Kentucky. Kentucky is a bible belt state and this bill should be passed in Kentucky. I am shocked that it has not been looked at more.
i am 20 years old and i was learning to work with computers and graphic design i wanted to make games etc er whatever i could get a good job in well i got a felony when i was 18 i just turned 18 and i hung out with a friend and we took a few things that ended up being over 300$ and i got a year in jail on my first offence besides a wreckless driving wen i was 16 so i cant even get a grant or a student loan to go to college because of my record i ruint my life and i really need some info on how i might could get it on the right track again becuase i really wanted to be somthing 1 day and now i cant and its really bothering me because im not a bad person i just need a second chance if you have anything that might help my email is alyplayshalo3@yahoo.com my url is myspace.com/alyson4200 or ill be back in here in a few days thank you
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