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For Immediate Release
January 15, 2016

Felony expungement bill heads to Senate

FRANKFORTLegislation that would allow the courts to seal the felony records of up to
94,000 Kentuckians passed the House today by a vote of 80-11.
If passed into law, HB 40 would allow many Class D felons and those who were never formally
accused or convicted of a Class D felony to have their records expunged, removing the records
from public view. It would also prohibit the expunged files from being used in judicial or
administrative proceedings involving hiring and other matters.
HB 40 is about redemption, said House Judiciary Chair Rep. Darryl Owens, D-Louisville who
shares primary sponsorship of the bill with Rep. David Floyd, R-Bardstown. Its about second
chances.
Convicted felons could ask the courts to expunge their records five years after completion of
their sentence or probation; Those accused of a felony, but never indicted or convicted, could
apply for expungement much sooner. Sex offenders, those who committed an offense against a
child or vulnerable adult, those with a prior felony conviction, those who have recently been
convicted of a misdemeanor or violation, or those against whom charges are pending would not
be eligible for felony expungement under HB 40.
The bill was amended by the House to also exclude those convicted of felonies involving abuse
of public office, human trafficking and child pornography.
Owens said the bill would mostly affect low-level felony offenders convicted of felony drug
possession, forgery, wanton endangerment, theft, and evidence tampering. But some lawmakers
questioned the safety of the proposal. One of those was Rep. Robert Benvenuti, R-Lexington,
who said felonies that could be expunged under HB 40 include fourth-degree domestic violence,
third-degree arson, reckless homicide, third-degree assault and more.
These are not low-level misdemeanors, said Benvenuti, who voted against the bill on the floor.
You can expunge somebodys records but you cant expunge factsyou cant expunge
behavior. Thats the reality.

Kentucky law currently allows for expungement of misdemeanors. Those are lesser crimes than
felonies which include offenses like shoplifting, bad check writing, and driving on a suspended
license.
Floyd said the courts have discretion over whose records will be expunged and whose will not,
and that would be the case under HB 40.
Those violations that you have mentioned, that person in that local community will be known.
If he or she evaded a police officer (the community will) know they have not changed their ways
and they dont recommend to the judge that that expungement be carried out, said Floyd.
HB 40 now goes to the Senate for its consideration.
-END-