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HB 30

AN ACT relating to criminal procedure.

2026 Regular Session Introduced by George Brown and 1 co-sponsor

HB 30 expands post-conviction relief by widening expungement eligibility for felonies and misdemeanors, standardizing procedures and fees, with retroactive application.

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Bill Summary · HB 30

Summary of HB 30 (2026 Regular Session, Kentucky)

Purpose and intent

HB 30 amends several sections of Kentucky criminal procedure and sentencing law to create new pathways for vacating judgments and expunging records, clarify expungement procedures for misdemeanors and violations, and modify persistent felony offender (PFO) rules. The overarching aim is to expand relief from criminal records for eligible defendants while imposing procedural safeguards and timelines.

Key provisions

  • Vacating judgments and expungement (KRS 431.073; §1)

    • Allows certain individuals to file an application to vacate a judgment and expunge related records if they meet specific criteria (listed felonies, multiple offenses arising from a single incident, full pardons, or certain older felony offenses without specified aggravating factors).
    • Eligible categories include:
    • Class D felony convictions tied to enumerated statutes,
    • Series of Class D felonies from one incident,
    • Full pardons,
    • Older limited offenses (pre-1975) with restrictions.
    • Timing: filing verified applications may occur after five years from sentence completion or five years after probation/parole completion, whichever is later.
    • Process: requires service to the prosecutor, a response window (60 days, extendable for good cause), and a hearing within 120 days of filing or response; hearings consider public safety and rehabilitation, with victims given a right to be heard.
    • Outcomes: if the court vacates the judgment and expunges, related charges may be dismissed with prejudice, and expungement applies to court and agency records upon full payment of an expungement fee ($250). The record is then kept nonpublic for law enforcement use only; voting rights can be restored if not otherwise restricted.
    • Fees: $50 filing fee; $250 expungement fee (with installment options). Expungement revenues deposit into a dedicated fund.

  • Misdemeanor/violation expungement (KRS 431.078; §2)

    • Expands expungement eligibility to misdemeanors and certain violations (including records that also involve dismissed or amended felonies) within the same jurisdiction.
    • Requires five-year wait after case completion or after successful completion of probation, whichever is later.
    • Grounds for expungement mirror those for expunging felonies, with a structured hearing process and retroactive applicability.
    • Filing fee: $100; the first $50 deposited to a deputy clerk fund.

  • Persistent felony offender (PFO) framework (KRS 532.080; §3)

    • Maintains the jury-determined sentencing step for PFO determinations but outlines the structure for second- and first-degree PFOs, including sentencing ranges and eligibility for probation, parole, or other terms based on offense class and prior offenses.
    • Defines two degrees of PFO with distinct penalties:
    • PFO-in-the-second: indeterminate term, with specific restrictions on probation/shock probation unless offenses are non-violent Class D or similar.
    • PFO-in-the-first: harsher penalties, minimum terms, parole limitations, and stricter eligibility rules.
    • Retains retroactivity for older provisions.

  • General and administrative notes

    • The act is retroactive in several sections, affecting individuals with past convictions.
    • The Administrative Office of the Courts to provide a standardized form for vacating expungement petitions.
    • Clarifies that expungement does not revive expired limitations or create innocence findings, and that some nonpublic records may be retained for law enforcement.

Who would be affected

  • Individuals with certain Class D felony convictions, misdemeanors, or violations who seek vacatur or expungement.
  • Victims (where identified) who may be notified and heard at expungement hearings.
  • Prosecutors and county attorneys who respond to expungement filings.
  • Court systems and law enforcement agencies handling record-keeping, background checks, and expungement processes.
  • Defendants previously deemed persistent felony offenders under the current framework.

Procedural and timeline aspects

  • Filing windows generally start five years after sentence completion or probation/parole completion.
  • Structured timelines: 60-day prosecutor response, 120-day hearing window from filing (or response), and potential extensions for good cause.
  • Hearings require clear and convincing showing for expungement in certain subsection (1)(d) cases.
  • Expungement fees and installment plans place financial conditions on completing the process.

Overall, HB 30 expands post-conviction relief, standardizes expungement procedures, and refines PFO sentencing, with retroactive application to many qualifying individuals.

Compiled from official sources — confirm details with the bill’s official record.

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