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Take Back Kentucky Legislative Action Alert

Support: House Bill 40: Expungement Reform

1/25/2016

Call 1-800-372-7181

Sponsor(s):                 D. Owens, D. Floyd, L. Belcher, G. Brown Jr., L. Clark, M. Denham, K. Flood, J. Gooch Jr., J. Greer, D. Keene, M. Marzian, J. Miller, T. Mills, J. Richards, S. Riggs, T. Thompson, D. Watkins, S. Westrom, B. Yonts

Status:                       

  • May 19, 2015 – Prefiled by the sponsor(s).
  • Jan 05, 2016 – introduced in House; to Judiciary (H)
  • Jan 07, 2016 – posted in committee
  • Jan 12, 2016 – posting waived
  • Jan 13, 2016 – reported favorably, 1st reading, to Calendar with Committee Substitute
  • Jan 14, 2016 – 2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Friday, January 15; floor amendment (1) filed to Committee Substitute
  • Jan 15, 2016 – 3rd reading, passed 80-11 with Committee Substitute (1), floor amendment (1)
  • Jan 19, 2016 – received in Senate
  • Jan 21, 2016 – to Judiciary (S)

Committee:                Senate Judiciary

Timeframe:                 Committee meets every Thursday @ 10 AM in Annex Room 154

Message is for:           All Senate Leadership, Members of the Senate Judiciary Committee, and YOUR Senator.

Message:                     “Support HB 40, allow people to re-enter society and be productive members”  

Optional:                    E-mail the legislators on the committee. Example e-mail address: Firstname.Lastname@lrc.ky.gov . If that doesn’t work they have a contact page on their informational page.

Information:               This bill allows for the expungement of Felonies that failed a grand jury indictment as well as Class D Felonies. This bill would remove from a person’s record a failed grand jury indictment. If a grand jury won’t indict then it is not worth having on your record as you didn’t even commit a crime, the prosecution failed to even prove a trial for a crime should be had. It also provides a mechanism for the expungement of Class D Felonies. Class D Felonies used to be misdemeanors and misdemeanors already have a process for expungement.  The language of this bill got parsed over in committee but it still passed; however, we think SB 77 is a much cleaner version.

                                                We need to realize that there is not much difference between Class A Misdemeanors and Class D Felonies. There are not your worst of the worst, hardened criminals. Did you know you can get a felony just for writing a cold check, so you made a mistake in timing or balancing your budget, should that really haunt you the rest of your life?

PDF Version: HB 40 – 2016

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5 Responses to “Support HB 40: Expungement Reform”

  1. Reggie says:

    I support HB 40, I hope and pray our senators and governor of this great state believe in helping the people of kentucky that may have messed up early in life. Like myself early 20’s and having this dark cloud over my head not being able to land a good job but when they an employer see this on your application the interview is usually over and they will not hire you just because it’s the companies policy and they don’t know you or your situation and I’ve had them looking over my application and say man I was going to hire you, your everything I like in salesman but we don’t hire felons,sorry sir. But if you can do the job why would an employer deni you to work because of one poor mistake 20 years ago it’s just not fair and a lot of people just give up as I have, it’s been frustrating applying for job after job and hearing no or getting told no. There are some Really Good people who are felons but they are punished for life, they should be able to or an option to prove yourself again if you have served your sentence and never been in trouble again. This would be great for a lot of people and this state, we just need someone to believe in us giving us a second chance to prove ourselves. Ever since I heard about HB 40 it’s gave me hope and inspiration again thinking I could now apply for the job or jobs I really want and not settling for the minimum wage job at a temp service because the company doesn’t hire felons and if that happened I would really consider going back to school to ferther my education and get my masters degree because befor no matter what degree, degrees you have, the felony is still holding you back someway somehow and it keeps your life,your career from advancing or going to the next level in life. I will be hoping and praying that finally I can be free again and to start with a clean slate and not looked at like I have this aweful decese. I’ve changed and matured 100 fole in last 20 years and sense that time in my life. I just hope to have the opportunity to start fresh again.

  2. Jo sullivan says:

    This Ammendent is way over due. Please pass this for Kentucky. why should a person carry this burden for the rest of their lives, for something they have all ready served. I can see a hardened criminal not being included, but please let the others have a chance.

  3. Julie says:

    I was just offered a good position in management and when they ran a background check, they could not hire me. I have been living with the consequences of having a nonviolent felony conviction on my record for 15 years. I have lost many good jobs. I have a Bachelor’s degree and 2 years post graduate studies. I made one bad mistake 15 years ago. I”m glad HB 40 made it to Gov. Bevin. Does anyone know what court we petition to? Is an attorney needed? What does it cost? Many of us lack funds due to the inability to obtain decent employment.

  4. Stevanie says:

    Check out Unconvicted.com
    This will help guide you through all the hb40 mud language that currently exists.
    Circuit court

  5. Judy says:

    Julie, everything I have read is its going to cost $500. And you would petition the court where you were convicted of the crime. But what I can’t find out is when you can do it, when the law goes into effect. But I know one thing for sure this is by far the best news I have heard in a very long time!!!!!

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