UNOFFICIAL COPY 25 RS BR 5
Page 1 of 14
XXXX 1/2/2025 3:58 PM Jacketed
AN ACT relating to criminal procedure. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 431.073 is amended to read as follows: 3
(1) Any person who has been: 4
(a) Convicted of a Class D felony violation of KRS 17.175, 186.990, 194A.505, 5
194B.505, 217.181, 217.207, 217.208, 218A.140, 218A.1415, 218A.1416, 6
218A.1417, 218A.1418, 218A.1423, 218A.1439, 218A.282, 218A.284, 7
218A.286, 218A.320, 218A.322, 218A.324, 218A.500, 244.165, 286.11-057, 8
304.47-025, 324.990, 365.241, 434.155, 434.675, 434.850, 434.872, 511.040, 9
512.020, 514.030, 514.040, 514.050, 514.060, 514.065, 514.070, 514.080, 10
514.090, 514.100, 514.110, 514.120, 514.140, 514.150, 514.160, 516.030, 11
516.060, 516.090, 516.108, 517.120, 518.040, 522.040, 524.100, 525.113, 12
526.020, 526.030, 528.020, 528.040, 528.050, 530.010, or 530.050; 13
(b) Convicted of a series of Class D felony violations of one (1) or more statutes 14
enumerated in paragraph (a) of this subsection arising from a single incident; 15
(c) Granted a full pardon; or 16
(d) Convicted of a Class D felony, or an offense prior to January 1, 1975 which 17
was punishable by not more than five (5) years' incarceration, which was not a 18
violation of KRS 189A.010, 508.032, or 519.055, abuse of public office, a sex 19
offense, or an offense committed against a child, and did not result in serious 20
bodily injury or death; or of multiple felony offenses eligible under this 21
paragraph; 22
may file with the court in which he or she was convicted an application to have the 23
judgment vacated. The application shall be filed as a motion in the original criminal 24
case. The person shall be informed of the right at the time of adjudication. 25
(2) (a) A verified application to have the judgment vacated under this section shall be 26
filed no sooner than five (5) years after the completion of the person's 27 UNOFFICIAL COPY 25 RS BR 5
Page 2 of 14
XXXX 1/2/2025 3:58 PM Jacketed
sentence, or five (5) years after the successful completion of the person's 1
probation or parole, whichever occurs later. 2
(b) Upon the payment of the filing fee and the filing of the application, the Circuit 3
Court clerk shall serve a notice of filing upon the office of the 4
Commonwealth's attorney or county attorney that prosecuted the case and the 5
county attorney of the county where the judgment was entered. The office of 6
the Commonwealth's attorney or county attorney that prosecuted the case 7
shall file a response within sixty (60) days after being served with the notice 8
of filing. That time period may be extended for good cause, but the hearing on 9
the application to vacate the judgment shall occur no later than one hundred 10
twenty (120) days following the filing of the application. The inability to 11
determine the location of the crime victim shall constitute good cause for an 12
extension of time. No hearing upon the merits of the application shall be 13
scheduled until the Commonwealth's response has been filed, or if no 14
response is received, no later than one hundred twenty (120) days after the 15
filing of the application. 16
(c) In any case in which the Commonwealth objects that the application is grossly 17
incomplete, the court shall order the person or agency originating the 18
application to supplement the application. 19
(3) Upon the filing of the Commonwealth's response to an application, or if no 20
response is received, no later than one hundred twenty (120) days after the filing of 21
the application, the court shall set a date for a hearing and the Circuit Court clerk 22
shall notify the office of the Commonwealth's attorney or county attorney that 23
prosecuted the case. The office of the Commonwealth's attorney or county attorney 24
that prosecuted the case shall notify the victim of the crime, if there was an 25
identified victim. The Commonwealth's attorney or county attorney shall be 26
authorized to obtain without payment of any fee information from the 27 UNOFFICIAL COPY 25 RS BR 5
Page 3 of 14
XXXX 1/2/2025 3:58 PM Jacketed
Transportation Cabinet regarding the crime victim's address on file regarding any 1
vehicle operator's license issued to that person. 2
(4) (a) In an application pursuant to subsection (1)(d) of this section, upon the filing 3
of the Commonwealth's response objecting to the vacating of a judgment and 4
expungement of a record, the court shall schedule a hearing within one 5
hundred twenty (120) days of the Commonwealth's response. The prosecutor 6
shall specify in the objection the reasons for believing a denial of the 7
application is justified. At the hearing at which the applicant or his or her 8
attorney must be present, the applicant must prove by clear and convincing 9
evidence that: 10
1. Vacating the judgment and expunging the record is consistent with the 11
welfare and safety of the public; 12
2. The action is supported by his or her behavior since the conviction or 13
convictions, as evidenced that he or she has been active in rehabilitative 14
activities in prison and is living a law-abiding life since release; 15
3. The vacation and expungement is warranted by the interests of justice; 16
and 17
4. Any other matter deemed appropriate or necessary by the court to make 18
a determination regarding the petition for expungement is met. 19
(b) At the hearing, the applicant may testify as to the specific adverse 20
consequences he or she may be subject to if the application is denied. The 21
court may hear testimony of witnesses and any other matter the court deems 22
proper and relevant to its determination regarding the application. The 23
Commonwealth may present proof of any extraordinary circumstances that 24
exist to deny the application. A victim of any offense listed in the application 25
shall have an opportunity to be heard at any hearing held under this section. 26
(c) If the court determines that circumstances warrant vacation and expungement 27 UNOFFICIAL COPY 25 RS BR 5
Page 4 of 14
XXXX 1/2/2025 3:58 PM Jacketed
and that the harm otherwise resulting to the applicant clearly outweighs the 1
public interest in the criminal history record information being publicly 2
available, then the original conviction or convictions shall be vacated and the 3
records shall be expunged. The order of expungement shall not preclude a 4
prosecutor's office from retaining a nonpublic record for law enforcement 5
purposes only. 6
(5) The court may order the judgment vacated, and if the judgment is vacated the court 7
shall dismiss with prejudice any charges which are eligible for expungement under 8
subsection (1) of this section or KRS 431.076 or 431.078 and any charges for 9
felonies, misdemeanors, violations, or traffic infractions that were dismissed or 10
amended in the criminal action, and, upon full payment of the fee in subsection 11
(11) of this section, order expunged all records in the custody of the court and any 12
records in the custody of any other agency or official, including law enforcement 13
records, if the court finds that: 14
(a) The person had not in the five (5) years prior to the filing of the application to 15
have the judgment vacated been convicted of a felony or a misdemeanor; 16
(b) No proceeding concerning a felony or misdemeanor is pending [or being 17
instituted ]against the person; and 18
(c) For an application pursuant to subsection (1)(d) of this section, the person has 19
been rehabilitated and poses no significant threat of recidivism. 20
(6) If the court has received a response from the office of the Commonwealth's attorney 21
or county attorney that prosecuted the case stating no objection to the application to 22
have the judgment vacated, or if one hundred twenty (120) days have elapsed since 23
the filing of the application and no response has been received from the victim or 24
the office of the Commonwealth's attorney or county attorney that prosecuted the 25
case, the court may, without a hearing, vacate the judgment in the manner 26
established in subsection (5) of this section. 27 UNOFFICIAL COPY 25 RS BR 5
Page 5 of 14
XXXX 1/2/2025 3:58 PM Jacketed
(7) Upon entry of an order vacating and expunging a conviction, the original conviction 1
shall be vacated and, upon full payment of the fee in subsection (11) of this section, 2
the record shall be expunged. The court and other agencies shall cause records to be 3
deleted or removed from their computer systems so that the matter shall not appear 4
on official state-performed background checks. The court and other agencies shall 5
reply to any inquiry that no record exists on the matter. The person whose record is 6
expunged shall not have to disclose the fact of the record or any matter relating 7
thereto on an application for employment, credit, or other type of application. If the 8
person is not prohibited from voting for any other reason, the person's ability to 9
vote shall be restored and the person may register to vote. 10
(8) An order vacating a conviction under this section shall not extend or revive an 11
expired statute of limitations, shall not constitute a finding of legal error regarding 12
the proceedings leading to or resulting in the conviction, shall not nullify any 13
findings of fact or conclusions of law made by the trial court or any appellate court 14
regarding the conviction, and shall not constitute a finding of innocence regarding 15
the conviction. 16
(9) The Administrative Office of the Courts shall establish a form application to be 17
used in filing an application to have judgment vacated and records expunged. 18
(10) The filing fee for an application to have judgment vacated and records expunged 19
shall be fifty dollars ($50), which shall be deposited into a trust and agency account 20
for deputy clerks and shall not be refundable. 21
(11) (a) Upon the issuance of an order vacating and expunging a conviction pursuant 22
to this section, the applicant shall be charged an expungement fee of two 23
hundred fifty dollars ($250), which may be payable by an installment plan in 24
accordance with KRS 534.020. 25
(b) When the order is issued, the court shall set a date, no sooner than eighteen 26
(18) months after the date of the order, by which the defendant must comply 27 UNOFFICIAL COPY 25 RS BR 5
Page 6 of 14
XXXX 1/2/2025 3:58 PM Jacketed
with the installment payment plan. The applicant shall be given notice of the 1
total amount due, the payment frequency, and the date by which all payments 2
must be made. The notice shall state that the expungement cannot be 3
completed until full payment is received, and that if the applicant has not 4
completed the installment payment plan by the scheduled date, he or she shall 5
appear on that date to show good cause as to why he or she is unable to satisfy 6
the obligations. Notwithstanding [provisions of ]KRS 534.020 to the contrary, 7
no applicant shall be ordered to jail for failure to complete an installment plan 8
ordered pursuant to this section. 9
(c) The revenues and interest from the expungement fee shall be deposited in the 10
expungement fund created in KRS 431.0795. 11
(12) This section shall be retroactive. 12
Section 2. KRS 431.078 is amended to read as follows: 13
(1) Any person who has been convicted of: 14
(a) A misdemeanor, a violation, or a traffic infraction not otherwise classified as a 15
misdemeanor or violation, or a series of misdemeanors, violations, or traffic 16
infractions arising from a single incident; or 17
(b) A series of misdemeanors, violations, or traffic infractions not arising from a 18
single incident; 19
may petition the court in which he or she was convicted for expungement of his or 20
her misdemeanor or violation record within that judicial district, including a record 21
of any charges for felonies, misdemeanors, violations, or traffic infractions that 22
were dismissed or amended in the criminal action. The person shall be informed of 23
the right at the time of adjudication. 24
(2) Except as provided in KRS 218A.275(8) and 218A.276(8), the petition shall be 25
filed no sooner than five (5) years after the completion of the person's sentence or 26
five (5) years after the successful completion of the person's probation, whichever 27 UNOFFICIAL COPY 25 RS BR 5
Page 7 of 14
XXXX 1/2/2025 3:58 PM Jacketed
occurs later. 1
(3) Upon the filing of a petition, the court shall set a date for a hearing, no sooner than 2
thirty (30) days after the filing of the petition, and shall notify the county attorney; 3
the victim of the crime, if there was an identified victim; and any other person 4
whom the person filing the petition has reason to believe may have relevant 5
information related to the expungement of the record. Inability to locate the victim 6
shall not delay the proceedings in the case or preclude the holding of a hearing or 7
the issuance of an order of expungement. 8
(4) For a petition brought under subsection (1)(a) of this section, the court shall order 9
expunged all records in the custody of the court and any records in the custody of 10
any other agency or official, including law enforcement records, if at the hearing 11
the court finds that: 12
(a) The offense was not a sex offense or an offense committed against a child; 13
(b) The person had not in the five (5) years prior to the filing of the petition for 14
expungement been convicted of a felony or a misdemeanor; 15
(c) No proceeding concerning a felony or misdemeanor is pending [or being 16
instituted ]against the person; and 17
(d) The offense is not one subject to enhancement for a second or subsequent 18
offense or, if the law specifies a period for enhancement for a second or 19
subsequent offense, the time for such an enhancement has expired. 20
(5) For a petition brought under subsection (1)(b) of this section, the court may order 21
expunged all records in the custody of the court and any records in the custody of 22
any other agency or official, including law enforcement records, if at the hearing 23
the court finds that: 24
(a) The offense was not a sex offense or an offense committed against a child; 25
(b) The person had not in the five (5) years prior to the filing of the petition for 26
expungement been convicted of a felony or a misdemeanor; 27 UNOFFICIAL COPY 25 RS BR 5
Page 8 of 14
XXXX 1/2/2025 3:58 PM Jacketed
(c) No proceeding concerning a felony or misdemeanor is pending [or being 1
instituted ]against the person; and 2
(d) The offense is not one subject to enhancement for a second or subsequent 3
offense or, if the law specifies a period for enhancement for a second or 4
subsequent offense, the time for such an enhancement has expired. 5
(6) Upon the entry of an order to expunge the records, the proceedings in the case shall 6
be deemed never to have occurred; the court and other agencies shall cause records 7
to be deleted or removed from their computer systems so that the matter shall not 8
appear on official state-performed background checks; the persons and the court 9
may properly reply that no record exists with respect to the persons upon any 10
inquiry in the matter; and the person whose record is expunged shall not have to 11
disclose the fact of the record or any matter relating thereto on an application for 12
employment, credit, or other type of application. 13
(7) The filing fee for a petition under this section shall be one hundred dollars ($100). 14
The first fifty dollars ($50) of each fee collected pursuant to this subsection shall be 15
deposited into a trust and agency account for deputy clerks and shall not be 16
refundable. 17
(8) Copies of the order shall be sent to each agency or official named therein. 18
(9) Inspection of the records included in the order may thereafter be permitted by the 19
court only upon petition by the person who is the subject of the records and only to 20
those persons named in the petition. 21
(10) This section shall be [deemed to be ]retroactive[, and any person who has been 22
convicted of a misdemeanor prior to July 14, 1992, may petition the court in which 23
he was convicted, or if he was convicted prior to the inception of the District Court 24
to the District Court in the county where he now resides, for expungement of the 25
record of one (1) misdemeanor offense or violation or a series of misdemeanor 26
offenses or violations arising from a single incident, provided that the offense was 27 UNOFFICIAL COPY 25 RS BR 5
Page 9 of 14
XXXX 1/2/2025 3:58 PM Jacketed
not one specified in subsection (4) and that the offense was not the precursor 1
offense of a felony offense for which he was subsequently convicted. This section 2
shall apply only to offenses against the Commonwealth of Kentucky]. 3
(11) As used in this section, "violation" has the same meaning as in KRS 500.080. 4
(12) Any person denied an expungement prior to June 25, 2013, due to the presence of a 5
traffic infraction on his or her record may file a new petition for expungement of 6
the previously petitioned offenses, which the court shall hear and decide under the 7
terms of this section. No court costs or other fees, from the court or any other 8
agency, shall be required of a person filing a new petition under this subsection. 9
Section 3. KRS 532.080 is amended to read as follows: 10
(1) When a defendant is found to be a persistent felony offender, the jury, in lieu of the 11
sentence of imprisonment assessed under KRS 532.060 for the crime of which such 12
person presently stands convicted, shall fix a sentence of imprisonment as 13
authorized by subsection (5) or (6) of this section. When a defendant is charged 14
with being a persistent felony offender, the determination of whether or not he or 15
she is such an offender and the punishment to be imposed pursuant to subsection 16
(5) or (6) of this section shall be determined in a separate proceeding from that 17
proceeding which resulted in his or her last conviction. Such proceeding shall be 18
conducted before the court sitting with the jury that found the defendant guilty of 19
his or her most recent offense unless the court for good cause discharges that jury 20
and impanels a new jury for that purpose. 21
(2) A persistent felony offender in the second degree is a person who is more than 22
twenty-one (21) years of age and who stands convicted of a felony after having 23
been convicted of one (1) previous felony. As used in this provision, a previous 24
felony conviction is a conviction of a felony in this state or conviction of a crime in 25
any other jurisdiction provided: 26
(a) That a sentence to a term of imprisonment of one (1) year or more or a 27 UNOFFICIAL COPY 25 RS BR 5
Page 10 of 14
XXXX 1/2/2025 3:58 PM Jacketed
sentence to death was imposed therefor; and 1
(b) That the offender was over the age of eighteen (18) years at the time the 2
offense was committed; and 3
(c) That the offender: 4
1. Completed service of the sentence imposed on the previous felony 5
conviction within five (5) years prior to the date of commission of the 6
felony for which he or she now stands convicted; or 7
2. Was on probation, parole, postincarceration supervision, conditional 8
discharge, conditional release, furlough, appeal bond, or any other form 9
of legal release from any of the previous felony convictions at the time 10
of commission of the felony for which he or she now stands convicted; 11
or 12
3. Was discharged from probation, parole, postincarceration supervision, 13
conditional discharge, conditional release, or any other form of legal 14
release on any of the previous felony convictions within five (5) years 15
prior to the date of commission of the felony for which he or she now 16
stands convicted; or 17
4. Was in custody from the previous felony conviction at the time of 18
commission of the felony for which he or she now stands convicted; or 19
5. Had escaped from custody while serving any of the previous felony 20
convictions at the time of commission of the felony for which he or she 21
now stands convicted. 22
(3) A persistent felony offender in the first degree is a person who is more than twenty-23
one (21) years of age and who stands convicted of a felony after having been 24
convicted of two (2) or more felonies, or one (1) or more felony sex crimes against 25
a minor as defined in KRS 17.500, and now stands convicted of any one (1) or more 26
felonies. As used in this provision, a previous felony conviction is a conviction of a 27 UNOFFICIAL COPY 25 RS BR 5
Page 11 of 14
XXXX 1/2/2025 3:58 PM Jacketed
felony in this state or conviction of a crime in any other jurisdiction provided: 1
(a) That a sentence to a term of imprisonment of one (1) year or more or a 2
sentence to death was imposed therefor; and 3
(b) That the offender was over the age of eighteen (18) years at the time the 4
offense was committed; and 5
(c) That the offender: 6
1. Completed service of the sentence imposed on any of the previous 7
felony convictions within five (5) years prior to the date of the 8
commission of the felony for which he or she now stands convicted; or 9
2. Was on probation, parole, postincarceration supervision, conditional 10
discharge, conditional release, furlough, appeal bond, or any other form 11
of legal release from any of the previous felony convictions at the time 12
of commission of the felony for which he or she now stands convicted; 13
or 14
3. Was discharged from probation, parole, postincarceration supervision, 15
conditional discharge, conditional release, or any other form of legal 16
release on any of the previous felony convictions within five (5) years 17
prior to the date of commission of the felony for which he or she now 18
stands convicted; or 19
4. Was in custody from the previous felony conviction at the time of 20
commission of the felony for which he or she now stands convicted; or 21
5. Had escaped from custody while serving any of the previous felony 22
convictions at the time of commission of the felony for which he or she 23
now stands convicted. 24
(4) For the purpose of determining whether a person has two (2) or more previous 25
felony convictions, two (2) or more convictions of crime for which that person 26
served concurrent or uninterrupted consecutive terms of imprisonment shall be 27 UNOFFICIAL COPY 25 RS BR 5
Page 12 of 14
XXXX 1/2/2025 3:58 PM Jacketed
deemed to be only one (1) conviction, unless one (1) of the convictions was for an 1
offense committed while that person was imprisoned. 2
(5) A person who is found to be a persistent felony offender in the second degree shall 3
be sentenced to an indeterminate term of imprisonment pursuant to the sentencing 4
provisions of KRS 532.060(2) for the next highest degree than the offense for 5
which convicted. A person who is found to be a persistent felony offender in the 6
second degree shall not be eligible for probation, shock probation, or conditional 7
discharge, unless all offenses for which the person stands convicted are Class D 8
felony offenses which do not involve a violent act against a person, in which case 9
probation, shock probation, or conditional discharge may be granted. A violent 10
offender who is found to be a persistent felony offender in the second degree shall 11
not be eligible for parole except as provided in KRS 439.3401. 12
(6) A person who is found to be a persistent felony offender in the first degree shall be 13
sentenced to imprisonment as follows: 14
(a) If the offense for which he or she presently stands convicted is a Class A or 15
Class B felony, or if the person was previously convicted of one (1) or more 16
sex crimes committed against a minor as defined in KRS 17.500 and presently 17
stands convicted of a subsequent sex crime, a persistent felony offender in the 18
first degree shall be sentenced to an indeterminate term of imprisonment, the 19
maximum of which shall not be less than twenty (20) years nor more than 20
fifty (50) years, or life imprisonment, or life imprisonment without parole for 21
twenty-five (25) years for a sex crime committed against a minor; 22
(b) If the offense for which he or she presently stands convicted is a Class C or 23
Class D felony, a persistent felony offender in the first degree shall be 24
sentenced to an indeterminate term of imprisonment, the maximum of which 25
shall not be less than ten (10) years nor more than twenty (20) years. 26
(7) A person who is found to be a persistent felony offender in the first degree shall not 27 UNOFFICIAL COPY 25 RS BR 5
Page 13 of 14
XXXX 1/2/2025 3:58 PM Jacketed
be eligible for probation, shock probation, or conditional discharge, unless all 1
offenses for which the person stands convicted are Class D felony offenses which 2
do not involve a violent act against a person or a sex crime as that term is defined in 3
KRS 17.500, in which case, probation, shock probation, or conditional discharge 4
may be granted. If the offense the person presently stands convicted of is a Class A, 5
B, or C felony, the person shall not be eligible for parole until the person has served 6
a minimum term of incarceration of not less than ten (10) years, unless another 7
sentencing scheme applies. A violent offender who is found to be a persistent 8
felony offender in the first degree shall not be eligible for parole except as provided 9
in KRS 439.3401. 10
(8) A conviction, plea of guilty, or Alford plea under KRS 218A.1415 shall not trigger 11
the application of this section, regardless of the number or type of prior felony 12
convictions that may have been entered against the defendant. A conviction, plea of 13
guilty, or Alford plea under KRS 218A.1415 may be used as a prior felony offense 14
allowing this section to be applied if he or she is subsequently convicted of a 15
different felony offense. 16
(9) The provisions of this section amended by 1994 Ky. Acts ch. 396, sec. 11, shall be 17
retroactive. 18
(10) (a) Except as provided in paragraph (b) of this subsection, this section shall not 19
apply to a person convicted of a criminal offense if the penalty for that offense 20
was increased from a misdemeanor to a felony, or from a lower felony 21
classification to a higher felony classification, because the conviction 22
constituted a second or subsequent violation of that offense. 23
(b) This subsection shall not prohibit the application of this section to a person 24
convicted of: 25
1. A felony offense arising out of KRS 189A.010, 189A.090, 506.140, 26
508.032, 508.140, or 510.015; or 27 UNOFFICIAL COPY 25 RS BR 5
Page 14 of 14
XXXX 1/2/2025 3:58 PM Jacketed
2. Any other felony offense if the penalty was not enhanced to a higher 1
level because the Commonwealth elected to prosecute the person as a 2
first-time violator of that offense. 3
(11) The enhancement of a sentence pursuant to this section shall not alter the felony 4
classification of the conviction. 5