Home » Misdemeanor expungement bill goes to Senate

Misdemeanor expungement bill goes to Senate

FRANKFORT, Ky. (March 18, 2014) — Kentucky courts could erase some minor crimes or violations from a person’s criminal record under legislation that cleared the House Monday.

House Bill 355 would allow a series of unrelated crimes or violations to be expunged at the courts’ discretion at least five years after penalties for those offenses are paid. Current law only allows for minor crimes or violations related to a single incident to be erased from someone’s record after five years’ time.

HB 355 passed the House on a 67-24 vote. The legislation is sponsored by Rep. Wilson Stone, D-Scottsville.

“The ability of people to move past these paid-for offenses allows them to compete for jobs, higher education scholarships, graduate school positions, and a host of other life-critical things,” said Wilson, adding that expungement is entirely up to the courts.

“The expungement could be denied for any number of reasons,” he said.

Misdemeanor sex crimes or crimes against a child — neither which are eligible for expungement under current state law — would not be eligible for expungement under the proposal. Neither would expungement sought by convicted felons or by someone who has been charged or convicted of a crime since their last offense, in keeping with current statutes.

HB 355 now goes to the Senate.

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