Expunging records of non-violent felons could address workforce issues, according to Ky. Public Advocate - Kentucky Chamber

Interest in legislation to expunge the records of non-violent Class D felons is growing as more states are passing similar bills and companies, such as Wal-Mart, Target and Koch Industries, are beginning to “ban the box” on employment forms.

In Kentucky, the implementation of legislation to give individuals with certain low-level offenses the right to remove the incident from their record would have a significant economic impact, according to Kentucky Public Advocate Ed Monahan. 

“Right now, if you are convicted of a Class D felony, you pretty much have an economic death sentence. This allows for some hope that you can gain meaningful employment and some advancement in the future,” Monahan said.

Read the rest of the article on the Kentucky Chamber Blog 

Video interview with Ed Monahan on Felon Expungement 

Judicial Branch implements new expungement certification process

Press Release from AOC -

FRANKFORT, Ky. -- Beginning Jan. 1, 2014, state law requires every petition for expungement in Kentucky to include a certificate of eligibility for expungement. Under KRS 431.079, individuals who wish to have their criminal records expunged must complete the expungement certification process to determine if they are eligible for expungement. The certification provides judges and prosecutors with the most current and complete information available on a individual’s record.

KRS 431.079 is the enactment of Senate Bill 78, which was passed during the regular session of the 2013 General Assembly.

The Kentucky State Police are overseeing this process in conjunction with the Administrative Office of the Courts. Under the new law, both agencies must run criminal record reports on the person petitioning for the expungement. The KSP will then certify the eligibility of the expungement request.

Individuals can request certification through the AOC by registering online, by U.S. mail or in-person at the AOC Records Unit drive-thru window at 1001 Vandalay Drive in Frankfort. The certification costs $40 and the process takes up to 60 days. Those who obtain an expungement certification may then file a petition for expungement with the Office of Circuit Court Clerk in the county where the original charge was filed. The petition must be filed before the certification expires in 30 days.

Under the new process, judges will receive an expungement certification packet along with each petition for expungement. The certification ensures that judges can take into account an individual’s most up-to-date and comprehensive record information when determining whether to grant an expungement.

Individuals can visit the Kentucky Court of Justice website at http://courts.ky.gov/expungement to learn more about the expungement certification process. The site provides a list of frequently asked questions and describes the steps to submit a request online, in-person or by U.S. mail. The benefits for those applying electronically include email notifications throughout the process, the ability to check on the status of the certification online and the ability to download the certification packet as soon as it becomes available.

Pure Politics with Ryan Alessi on Expungement

Owens: Time to 'walk the walk' when talking about giving non-violent ex-felons second chances

For more than 94,000 Kentuckians, a single mistake continues to haunt each one of them, barring them from getting certain jobs, expanding their businesses, volunteering at their children’s’ schools or even going hunting. 

It’s what one public defender calls “an economic death sentence."

On Thursday, Rep. Darryl T. Owens, D-Louisville, will pre-file a bill for the 2014 legislative session to provide a path to redemption for those 94,000 Kentuckians, who have a single non-violent felony on their records. 

Owens will try for a second consecutive session to pass a felony expungement bill. It’s modeled off of the process in Indiana, which is one of 17 states that have some form of expungement process.

video  with Public Advocate Ed Monahan and Representative Darryl Owens

KYCOA - Davis - Expungement

Commonwealth v. Davis, 2012 CA 933, TO BE PUBLISHED

The Court of Appeals held that if civil lawsuit is ongoing, that is related to a criminal charge, then even if the criminal charge is dismissed with prejudice and can otherwise be expunged, the trial court cannot issue such an order.  Basically, as long as there is a “proceeding,” be it civil or criminal, that is related to the charges, the charges cannot be expunged.  

Contributed by John Landon