This is it! Not only did it pass the Senate, Governor Bevin in his speech last night said that he was proud of the legislation and will sign it as soon as its on his desk. The House still has to concur with the amendments, or the bill could end up in a conference committee. The likelihood of something very close to HB40, as modified by Committee Substitute 1 is good.
One touch of bad news, is that Senator Neal’s amendment to change the court costs from $500 to $250 failed. This could still be lowered by a conference committee if thats where the bill ends up.
A few other takeaways from the bill the Senate passed:
- It allows for the expungement of multiple felonies if the convictions were all part of the same event. Of course, they still have to be one of the 61 felonies covered by the bill.
- The following felonies were added from the Stivers list covered previously:
- Cultivation of Marijuana
- Tampering with Physical Evidence
- Criminal Mischief 2nd Degree and
- Burglary 3rd Degree
- Prosecutors have 60 days to respond to the petition for expungement or it gets granted automatically. Prosecutors can apply for a 60 day extension to make the time limit 120 days.
- While the fee is $500, $450 will be refunded if the expungement is not granted.
All in all, very exciting news. Stay tuned to this blog for more analysis, news about the final bill, and an exciting announcement about an incredibly easy and efficient way for you or a loved one to take advantage of this new law.
Tyler LaRue says
So with the new amendments to HB 40, Trafficking marijuana is still a felony that can not be expunged?
Felony Expungement KY says
It doesn’t look like it right now. I lobbied to have it added, but it’s not in the Senate version. If it goes to a conference committee it could get added, but that’s a big if at this point. Cultivation is on the list, so hopefully it makes its way on.
If it doesn’t happen this year, hopefully it will soon as part of a bill to legalize marijuana. I’m creating a tool to help people keep track of when they will become eligible for expungement, and if they aren’t now because of the bill, it will update you of any future changes. Keep checking here and I’ll keep you up to date.
I would like to know ASAP when this is signed by the Governor
Bradley Clark says
Mike, you are in the right place. Check back for full coverage. I’ll also be releasing a free web app very soon to help you determine whether you are eligible to apply. It looks like the law will go into effect on July 1, but there will be plenty you can do to get ready before then. I want to help everyone I can get their record cleared. Stay tuned and subscribe to the blog.
Alden W Haydel says
So if u have criminal position of a forged instrument and and fraudulent use of a credit card under 600 it been 7 years since he has been off parole would that qualify