FRANKFORT, Ky. (Jan. 29, 2014) — A bill that would allow low-level one-time Kentucky felons to ask the courts to seal—or “expunge”—their felony record has passed the House Judiciary Committee.
House Bill 64, sponsored by Rep. Darryl T. Owens, D-Louisville, would apply to “Class D” felons whose conviction was not based on a sex offense, crime against the elderly, or crime against child; who completed their sentence or probation at least five years prior; and who was not convicted of a felony before their conviction and has not been convicted of a felony, misdemeanor, or violation since. It would also apply to those for whom felony charges did not result in an indictment, and would provide discrimination protection for felons whose records have been expunged.
The bill would apply to any eligible felon, regardless of how many decades have passed since their conviction. As many as 94,000 individuals could be eligible for expungement under the legislation, according to Owens.
Current Kentucky law only allows expungement in misdemeanor cases.
Among those testifying in favor of HB 64 was Kentucky Supreme Court Justice Will T. Scott, who explained how the Information Age has made it impossible for any felon to escape a mistake made as many as 30 or more years ago.
“No matter where you want to go to recreate your self-worth…the information about you and your past will be there before you get there,” said Justice Scott. “Today, because we’re in the Information Age, opportunity (today) for an offender to recreate their self-worth is severely hampered. And when the opportunity is severely hampered, resentment abounds. And when resentment abounds, you attack what you resent—society—and then we’ve gone right back to where we are with that person.”
Those who did not support the bill in committee include House Minority Leader Jeff Hoover, R-Jamestown, the co-sponsor of felony expungement legislation (HB 70) also co-sponsored by Rep. Jesse Crenshaw, D-Lexington. That bill, which would allow Kentucky voters to approve automatic restoration of felon voting rights in the November election, cleared the House early this session.
“I have always supported the expungement of nonviolent Class D felonies,” said Hoover, but added “…this bill does much, much more than that,” speaking specifically about a new section that would be created regarding discriminatory practices.
HB 64 now goes to the full House for consideration.