SENATOR STORM FILES CLEAN SLATE ACT

The proposal would automate the record expungement process, improve Kentucky's workforce challenges by reintegrating people into society 

FRANKFORT, KY (Feb. 16, 2024) — The Clean Slate Act was introduced by Sen.Brandon Storm, R-London, on Friday in a bicameral effort to establish an automatic expungement process for specific eligible misdemeanor and felony convictions in Kentucky. Rep. Kevin Bratcher, R-Louisville, also filed The Clean Slate Act in the state House of Representatives. Clean Slate Act advocates point to the expungement process as being long, confusing, inefficient and expensive.

Studies show approximately 10 percent of eligible individuals will have their records expunged, according to a release from Goodwill Industries, one of several organizations that have signed onto the Clean Slate Initiative. To be eligible, individuals must complete five years post-conviction without committing another offense and satisfy all other conditions imposed upon them at sentencing.
Storm's and Bratcher's Clean Slate Act legislation would facilitate the expungement of certain records and ultimately limit the clerical work for the Kentucky State Police and local offices. It is another measure in the Kentucky General Assembly's effort to address workforce challenges.

"I filed this legislation to give individuals a second chance by automating the expungement process for certain eligible offenses," Storm said. "Every Kentuckian deserves a second chance to rebuild their lives—especially those who have paid their debt to society—so they can reintegrate into society, their families, and our workforce."

Storm, a criminal law attorney, believes we must support their reintegration without imposing additional obstacles on their path to success. According to a 2019 study by the University of Michigan cited in a release from Goodwill Industries, individuals who secure expungements demonstrate notably reduced reoffending rates compared to the general population. This observation gains particular significance when considered alongside a recent report from the RAND Corporation, indicating that certain demographic groups, such as younger, male, and economically disadvantaged individuals, typically exhibit higher initial rates of offending. 

In addition to giving those who have paid their dues to society a fresh start, the Clean Slate Act would provide legal avenues for objections, establish a transparent portal, and enforce compliance with expungement orders. 

A breakdown and summary of the Clean Slate Act's provisions are:

  • Automatic Expungement: The bill outlines a process for the automatic expungement of specific eligible misdemeanor and felony convictions. This would make removing certain convictions from their criminal records more efficient for the individual, officials, and the Kentucky taxpayer.

  • Objections by Authorities: The commonwealth's and county attorneys would have the authority to object to and halt the automatic expungement of certain offenses. This provision allows legal authorities to intervene to protect the public when expungement is deemed inappropriate.

  • Searchable Portal: The Administrative Office of the Courts must establish a searchable portal. This portal would enable individuals to determine whether their conviction has been expunged, providing transparency and easy access to information regarding expunged records.

  • Official Record Designation: The centralized criminal history record information system is designated as the official record of criminal proceedings. A provision of the Clean Slate Act would ensure a standardized and centralized system for maintaining criminal history records.

  • Cause of Action Against Non-Compliance: This provision would allow individuals to take legal action against criminal history providers who do not comply with an expungement order. This provision adds accountability to entities responsible for maintaining and providing criminal history information.

Find Storm's (Senate Bill 218) and Bratcher's (House Bill 569) Clean Slate Acts by visiting Legislature.ky.gov. 

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Sen. Brandon J. Storm, R-London, represents the 21st Senate District, including Casey, Lincoln, Laurel, and Rockcastle Counties. He recently graduated from the esteemed Henry Toll Fellowship and was the only Kentuckian to participate in the 2023 program. Senator Storm serves as a Senate member of the Interim Joint Committees of Banking and Insurance; Economic Development and Workforce Investment; Judiciary; Local Government; State Government; Transportation; and Tourism, Small Business and Information Technology. He also serves as the co-chair of the Legislative Oversight and Investigations Committee; a member of the Jail and Corrections Reform Task Force; and a member of the Multimodal Freight Transportation System Improvement Task Force. 

For a high-resolution .jpeg of Storm, please visit: https://legislature.ky.gov/Legislators/Pages/Legislator-Profile.aspx?DistrictNumber=121.  

Please visit Legislature.ky.gov for more information on Senate Majority Caucus members and the 2024 Legislative Session, such as committee schedules, membership, legislation, and more.

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