RESOLUTION NO. _________, SERIES 2018
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A RESOLUTION URGING THE KENTUCKY LEGISLATURE TO LOWER FILING FEES FOR AN APPLICATION TO HAVE CLASS D FELONY RECORDS EXPUNGED FROM FIVE HUNDRED DOLLARS AND TO ALLOW FOR A SECOND OR SUBSEQUENT FELONY TO BE EXPUNGED.
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SPONSORED BY: COUNCIL MEMBERS GREEN, ACKERSON, BRYANT HAMILTON, JAMES, SHANKLIN, BUTLER, HOLLANDER, WOOLRIDGE, AUBREY WELCH, SEXTON SMITH, COAN, MULVIHILL, BLACKWELL, REED, ENGEL AND FOWLER
WHEREAS, Kentucky has one of the highest filing fees for expungement in the nation;
WHEREAS, individuals that have a Class D felony on their record struggle to obtain decent jobs and get reacclimated to their communities once they have served their sentence;
WHEREAS, the five hundred dollar ($500) filing fee presents a major barrier for low income ex-offenders who are attempting to get good-paying jobs and become productive members of their communities;
WHEREAS, individuals attempting to have their record expunged must also pay forty dollars ($40) to obtain an expungement certification;
WHEREAS, individuals with financial means can more easily pay the required fees for expungement while low income ex-offenders face this major barrier to the significant benefit of obtaining an expungement, resulting in disparate treatment based on no other factor beyond the ability to pay;
WHEREAS, expungement cases in the state of Ohio only require filing fees between fifty and one hundred twenty-five dollars ($50-$125) and the neighboring state of Indiana requires a filing fee of one hundred dollars ($100);
WHEREAS, multiple felonies can be expunged at once in the state of Indiana;
WHEREAS, when HB 40 was introduced to the Kentucky House of Representatives, it would have required a much lower filing fee of only one hundred dollars ($100);
WHEREAS, HB 40 passed through the House of Representatives with an amendment allowing for a second or subsequent felony to be expunged;
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