Local Mandate Fiscal Impact Estimate

Kentucky Legislative Research Commission

2014 Regular Session

Part I: Measure Information

Bill Request #: / 177
Bill #: / HB 64 HCS 1
Bill Subject/Title: / AN ACT relating to criminal records.
Sponsor: / Representative Darryl Owens
Unit of Government: / X / City / X / County / X / Urban-County
X / Charter County / X / Consolidated Local / X / Unified Local Government
Office(s) Impacted: / Local law enforcement agencies holding criminal records/County Clerks/Local government employers
Requirement: / X / Mandatory / Optional
Effect on
Powers & Duties: / X / Modifies Existing / X / Adds New / Eliminates Existing

Part II: Purpose and Mechanics

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Under current law (KRS 431.078), a person convicted of a misdemeanor or a violation, or a series of misdemeanors or violations arising from a single incident, may petition the court in which that person was convicted for expungement of his or her misdemeanor or violation record, as long as the offense was not a sex offense or an offense committed against a child.

House Bill 64 HCS 1 retains all of the original provisions of the bill, which modifies the current law to allow a person convicted of a Class D felony; except for a sex offense, an offense under KRS Chapter 209 (Protection of Adults), or an offense committed against a child; to petition the court to have his criminal record expunged under the same conditions and procedures required for expungement of misdemeanors and violations, including court notification to the prosecuting attorney and/or victim. A person who has had his or her record expunged would be permitted to vote and possess a firearm under KRS 527.040.

The original provisions of the bill also created a new section of KRS Chapter 431 to establish various protections for persons whose records have been expunged and standards for commercial criminal record history providers.

House Bill 64 HCS 1 adds another new section of KRS Chapter 431 to modify applications for employment, licenses, etc. so that the applicant is questioned about a previous criminal record only in a manner that excludes expunged convictions or arrests, such as: "Have you ever been arrested for or convicted of a crime that has not been expunged by a court?"; to modify the provisions relating to an employer's responsibility and liability in regard to the employment of applicants with an expunged felony, including allowing an applicant to file a written motion of contempt and injunctive relief; and to modify the criteria for expungement eligibility in regard to precursor offenses.

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Part III: Fiscal Explanation, Bill Provisions, and Estimated Cost

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The fiscal impact of HB 64 HCS 1 on local government is expected to be minimal.

Local governments anticipate a minimal, if any, impact associated with changing employment applications so that the applicant is questioned about a previous criminal record only in a manner that excludes expunged convictions or arrests. There may be legal costs if applicants file a written motion of contempt and for injunctive relief.

Local jails transfer custody of records upon release of inmates and will be unaffected. County clerks do not anticipate additional costs associated with new voter registrations. For local law enforcement agencies, there may be a minimal impact as it takes about thirty minutes to expunge a paper record. As time passes, there will be more expungement of computerized records, which takes no more than five minutes, versus paper records.

According to the Kentucky Department of Corrections (DOC), there are approximately 50,000 Class D offenders that are no longer under the custody or supervision of DOC (the majority of offenses that were a sex offense, an offense under KRS Chapter 209, or an offense committed against a child were excluded from the above number of offenders). Although it is impossible to predict the percentage of those who may petition to have his or her record expunged, the fiscal impact of HB 64 on localities is expected to be minimal.

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Data Source(s): / Kentucky League of Cities, Kentucky Department of Corrections (DOC), Kentucky County Clerks Association, Kentucky Jailers Association, Kentucky Association of Chiefs of Police, Frankfort City Police Department
Preparer: / Katherine L. Halloran / Reviewer: / MCY / Date: / 1/30/14

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