FRANKFORT, Ky. — Lawmakers in the Kentucky House want to make life easier for people who’ve been convicted of certain crimes after they serve jail time.

What You Need To Know

  • House Bill 417 would require the state to identify people who are eligible for felony expungement  

  •  People who commit certin non-violent felonies become elligible five years after completing their sentence

  •  The bill would automaticlly expunge a person's record if the meet that criteria

  • Currently expungement is available but it is not free to do

House Bill 417, filed by Representative Daniel Grossberg (R-Louisville), would require the state to automatically expunge a person’s criminal records for certain non-violent Class D felonies.

“If there’s a reason that they shouldn’t get their rights back, it’s upon us, the state, to prove that, not upon them to prove that they shouldn’t have it back,” Grossberg said.

Rep. Grossberg explains that five years after someone completes their sentence — and they’ve not been charged with any new crimes — those charges would be wiped from state records.

“Here, because the expungement takes place, it’s no longer on that person’s visible public record and studies show that someone will earn 25% more by not having a conviction on their record,” Grossberg explained.

Currently, Kentucky law allows for felony expungement — but it’s optional, and costs both time and money. Both are barriers for those seeking expungement.  

“Frequently, when someone has a conviction on their record, they’re underemployed and you can’t afford thousands of dollars for an attorney and court costs if you’re making $7.25 or $8.00 or $9.00 an hour,” Grossberg said.

Through HB 417, a world of new opportunities for Kentuckians would open up, such as a better chance at getting a job and having their right to vote restored. 

“This will allow Kentuckians with convictions in their past to have a more full life and to fully reenter their communities and reduce the chance that they can become incarcerated again,” Jackie McGranahan, a policy strategist for the ACLU-Kentucky, said.

The Kentucky ACLU supports the bill’s passage.  

“We will always continue to fight for the rights of all Kentuckians regardless of the actions that have happened in their past,” McGranahan said.

HB 417 is also co-sponsored by Rep. Jason Nemes (R-Lousiville), and Rep. Chad Aull (D-Lexington). The bipartisanship, Grossberg says, is a positive sign.

“We’re seeing traction, we’re seeing that the leaders of the Commonwealth do believe in redemption and we do believe in second chances,” Grossberg said. “We all believe in the rule of law that if you’ve committed a crime, you should be punished, but a lot of these crimes should not be a life sentence.”

A nearly identical bill to HB 417 has also been filed in the House, dubbed The Clean Slate Act. Neither bill has received a committee assignment.

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