SPECIFIED EXPUNGEMENT DOCUMENTS FILED 7/15/ /16/2016 STATEWIDE

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1 The Department of Information and Technology Services Research and Statistics 1001 Vandalay Drive Frankfort, KY (502) SPECIFIED EXPUNGEMENT DOCUMENTS FILED 7/15/ /16/2016 STATEWIDE January 13, 2017 by Daniel Sturtevant (Research and Statistics Team Leader) Kathy Schiflett (Research Consultant) Tammy Manley (Technology Support Specialist) Requestor: Ed Monahan Organization: Department of Public Advocacy On Behalf of: Due Date: December 29, 2016 Statistics Request Overall Description On December 21, 2016, Ed C Monahan of the Department of Public Advocacy, requested from Research and Statistics a statewide count of expungement petitions, expungements granted and expungements denied since July 15, 2016 by county. CourtNet, which provides a summary of Kentucky court cases, was queried statewide for documents filed of the types indicated below from July 15, 2016 through December 31, Document Code AFEX OFXG OFXD PEXA PEXC OEXG OEXD Document Description Application to Vacate and Expunge Felony Conviction Order Felony Expungement Granted Order Felony Expungement Denied Petition for Expungement/Acquittal Petition for Expungement/Conviction Order for Expungement Granted Order for Expungement Denied The original expungement process in Kentucky, which existed prior to July 15, 2016, allows for the application of expungements for convictions of traffic violations or misdemeanors, felony charges not resulting in indictment, charges acquitted, or cases dismissed. The document PEXA is used to apply for the expungement of acquittals, dismissed cases, or felony charges not resulting an indictment. The document code PEXC is used to apply for the expungement of misdemeanors and traffic violations. When either of these types of expungement is granted, a document of type OEXG is filed, and when either of these types of expungement is denied, a document type OEXD is filed. However, the data regarding these documents included in CourtNet does not specify the charge or type of disposition that is being expunged. Thus, it cannot be determined in aggregate how many of the expungements of these types granted or denied apply to convictions vs. other dispositions or the level of the charge expunged. Page 1 of 3

2 SPECIFIED EXPUNGEMENT DOCUMENTS FILED 7/15/ /16/2016 STATEWIDE Statistics Request Overall Description In conjunction with the new felony expungement law that came into effect on July 15, 2016, a separate track was created for the expungement of Class D felony convictions and for offenses that receive executive pardons. The document AFEX is used for the application for such expungements, the document OFXG is used when such expungements are granted, and the document OFXD is used when such expungements are denied. Statistical Tables () Cross-tabulation Tables: The report contains two cross-tabulation tables. The first table includes documents associated with the expungement of Class D felony convictions and pardoned convictions, and the second table includes documents associated with all other expungements. Each table includes counts cross-tabulated by county and document type, with counts of distinct cases as well as the total number of each document type. The Total column includes counts of distinct cases across all document types. Statewide totals are included at the bottom of each table. It should be noted that some of the petitions filed during this timeframe may still be pending, and the applications for some of the reported expungements granted or denied were filed prior to the timeframe. To provide a more complete picture of the overall number of statewide expungements, the AOC Records department reports that they issued 6,207 expungement certificates issued from July 15, 2016 to December 31, 2016 through AOCFastCheck. The expungement process starts with the purchase of this certificate, and then the expungement requirements are evaluated. Some defendants may become aware that they are not eligible for expungement after the filing of this certificate but before moving far enough into the process to receive an official denial, as they may cease their application at this point to avoid paying further fees. Statistical Analysis Considerations: The statistics presented in the attached tables are a snap shot in time. CourtNet data matches expungement documents to a given case number, but is not linked to any given charge. As such, aggregate CourtNet data cannot be used to differentiate the types of expungement petitions, expungements granted, or expungements denied apart from the distinction between Felony D conviction and pardoned offense expungements as opposed to all other expungements. When a case or charge is expunged, an automatic process within the software creates the appropriate OEXG or OFXG. In many cases, clerks unaware of this have manually created duplicate entries of OEXG or OFXG documents, and for this reason, counts of granted expungements may be artificially high. Some expungements may be issued by court order without defendants having gone through the application process, meaning that some expungements granted may not have associated petition documents. Page 2 of 3

3 Statistical Tables () SPECIFIED EXPUNGEMENT DOCUMENTS FILED 7/15/ /16/2016 STATEWIDE The software used to record the filings of these document types does not contain any restrictions that the correct document type be used in relation to any given charge, and as such, some document types may be entered erroneously. Data Variables Requested Database Data Variable Description CourtNet Court Division The court division in which the case associated with a given document was filed (Circuit or District Court). County The county in which the case associated with a given document was filed. Document Type The type of document counted, indicated by code (see code descriptions above). Documents A count of the total number of documents filed. The total number of distinct cases referenced in any of these documents. Disclaimer Associated with KCOJ/AOC Database(s) and Element(s) RESEARCH AND STATISTICS DISCLAIMER Information received from KYCourts/CourtNet is subject to change(s), reprogramming, modification(s) of format and availability at the direction of the Administrative Office of the Courts (AOC), and may not at any particular moment reflect the true status of court cases due to ordinary limitation(s), delay(s) or error(s) in the system s operation. The KYCourts/CourtNet database is not a real-time system. All datasets are a snapshot of case data at the time a query is run. Case counts are not counts of individuals as some persons may have multiple cases. The AOC disclaims any warranties as to the validity of the information obtained from KYCourts/CourtNet. The recipient is solely responsible for verifying information received from KYCourts/CourtNet through the cross-referencing of official court records. The AOC shall not be liable to the recipient, or to any third party using the system or information obtained therefrom, for any damages whatsoever arising out of the use of KYCourts/CourtNet. Page 3 of 3

4 ADMINISTRATIVE OFFICE OF THE COURTS Research & Statistics Specified Documents 'PEXA', 'PEXC', 'AFEX', 'OEXG', 'OFXG', 'OEXD', 'OFXD' Felony Expungements ADAIR COUNTY CIRCUIT Documents ALLEN COUNTY CIRCUIT Documents ANDERSON COUNTY CIRCUIT Documents BARREN COUNTY CIRCUIT Documents BELL COUNTY CIRCUIT Documents BOONE COUNTY CIRCUIT Documents BOURBON COUNTY CIRCUIT Documents BOYD COUNTY CIRCUIT Documents BOYLE COUNTY CIRCUIT Documents BRACKEN COUNTY CIRCUIT Documents BREATHITT COUNTY CIRCUIT Documents BRECKINRIDGE COUNTY CIRCUIT Documents BULLITT COUNTY CIRCUIT Documents CALDWELL COUNTY CIRCUIT Documents CALLOWAY COUNTY CIRCUIT Documents CAMPBELL COUNTY CIRCUIT Documents CARLISLE COUNTY CIRCUIT Documents CARROLL COUNTY CIRCUIT Documents CARTER COUNTY CASEY COUNTY CIRCUIT Documents CHRISTIAN COUNTY CIRCUIT Documents CLARK COUNTY CIRCUIT Documents CRITTENDEN COUNTY CIRCUIT Documents DAVIESS COUNTY CIRCUIT Documents AFEX OFXG OFXD Total Page 1 of 14

5 Felony Expungements ELLIOTT COUNTY CIRCUIT Documents FAYETTE COUNTY CIRCUIT Documents FLEMING COUNTY CIRCUIT Documents FLOYD COUNTY CIRCUIT Documents FRANKLIN COUNTY CIRCUIT Documents FULTON COUNTY CIRCUIT Documents GARRARD COUNTY CIRCUIT Documents GRANT COUNTY CIRCUIT Documents GRAVES COUNTY CIRCUIT Documents GRAYSON COUNTY CIRCUIT Documents GREEN COUNTY CIRCUIT Documents HANCOCK COUNTY CIRCUIT Documents HARDIN COUNTY CIRCUIT Documents HARLAN COUNTY CIRCUIT Documents HARRISON COUNTY CIRCUIT Documents HART COUNTY CIRCUIT Documents HENDERSON COUNTY CIRCUIT Documents HENRY COUNTY CIRCUIT Documents HICKMAN COUNTY CIRCUIT Documents HOPKINS COUNTY CIRCUIT Documents JACKSON COUNTY CIRCUIT Documents JEFFERSON COUNTY CIRCUIT Documents JESSAMINE COUNTY CIRCUIT Documents AFEX OFXG OFXD Total Page 2 of 14

6 Felony Expungements JESSAMINE COUNTY JOHNSON COUNTY CIRCUIT Documents KENTON COUNTY CIRCUIT Documents KNOTT COUNTY KNOX COUNTY CIRCUIT Documents LARUE COUNTY CIRCUIT Documents LAUREL COUNTY CIRCUIT Documents LOGAN COUNTY CIRCUIT Documents LYON COUNTY CIRCUIT Documents MADISON COUNTY CIRCUIT Documents MAGOFFIN COUNTY CIRCUIT Documents MARION COUNTY CIRCUIT Documents MARSHALL COUNTY CIRCUIT Documents MARTIN COUNTY MASON COUNTY CIRCUIT Documents MCCRACKEN COUNTY CIRCUIT Documents MCCREARY COUNTY CIRCUIT Documents MCLEAN COUNTY CIRCUIT Documents MEADE COUNTY CIRCUIT Documents MENIFEE COUNTY CIRCUIT Documents MERCER COUNTY CIRCUIT Documents METCALFE COUNTY CIRCUIT Documents MONTGOMERY COUNTY CIRCUIT Documents AFEX OFXG OFXD Total Page 3 of 14

7 Felony Expungements MORGAN COUNTY CIRCUIT Documents MUHLENBERG COUNTY CIRCUIT Documents NELSON COUNTY CIRCUIT Documents OHIO COUNTY CIRCUIT Documents OLDHAM COUNTY CIRCUIT Documents PENDLETON COUNTY CIRCUIT Documents PIKE COUNTY CIRCUIT Documents POWELL COUNTY CIRCUIT Documents PULASKI COUNTY CIRCUIT Documents ROWAN COUNTY CIRCUIT Documents SCOTT COUNTY CIRCUIT Documents SHELBY COUNTY CIRCUIT Documents SIMPSON COUNTY CIRCUIT Documents SPENCER COUNTY CIRCUIT Documents TAYLOR COUNTY CIRCUIT Documents TODD COUNTY CIRCUIT Documents TRIGG COUNTY CIRCUIT Documents TRIMBLE COUNTY CIRCUIT Documents UNION COUNTY CIRCUIT Documents WARREN COUNTY CIRCUIT Documents WASHINGTON COUNTY CIRCUIT Documents WAYNE COUNTY CIRCUIT Documents AFEX OFXG OFXD Total Page 4 of 14

8 Felony Expungements WEBSTER COUNTY CIRCUIT Documents WHITLEY COUNTY CIRCUIT Documents WOODFORD COUNTY CIRCUIT Documents STATEWIDE Documents AFEX OFXG OFXD Total , Page 5 of 14

9 ADAIR COUNTY CIRCUIT Documents ALLEN COUNTY CIRCUIT Documents ANDERSON COUNTY CIRCUIT Documents BALLARD COUNTY CIRCUIT Documents BARREN COUNTY CIRCUIT Documents BATH COUNTY CIRCUIT Documents BELL COUNTY CIRCUIT Documents BOONE COUNTY CIRCUIT Documents BOURBON COUNTY CIRCUIT Documents BOYD COUNTY CIRCUIT Documents BOYLE COUNTY CIRCUIT Documents BRACKEN COUNTY BREATHITT COUNTY CIRCUIT Documents BRECKINRIDGE COUNTY BULLITT COUNTY CIRCUIT Documents Page 6 of 14

10 BULLITT COUNTY BUTLER COUNTY CIRCUIT Documents CALDWELL COUNTY CIRCUIT Documents CALLOWAY COUNTY CIRCUIT Documents CAMPBELL COUNTY CIRCUIT Documents CARLISLE COUNTY CIRCUIT Documents CARROLL COUNTY CIRCUIT Documents CARTER COUNTY CIRCUIT Documents CASEY COUNTY CIRCUIT Documents CHRISTIAN COUNTY CIRCUIT Documents CLARK COUNTY CIRCUIT Documents CLAY COUNTY CIRCUIT Documents CLINTON COUNTY CIRCUIT Documents CRITTENDEN COUNTY CIRCUIT Documents Page 7 of 14

11 CUMBERLAND COUNTY CIRCUIT Documents DAVIESS COUNTY CIRCUIT Documents EDMONSON COUNTY CIRCUIT Documents ELLIOTT COUNTY ESTILL COUNTY FAYETTE COUNTY CIRCUIT Documents FLEMING COUNTY CIRCUIT Documents FLOYD COUNTY CIRCUIT Documents FRANKLIN COUNTY CIRCUIT Documents FULTON COUNTY GALLATIN COUNTY CIRCUIT Documents GARRARD COUNTY CIRCUIT Documents GRANT COUNTY CIRCUIT Documents GRAVES COUNTY CIRCUIT Documents GRAYSON COUNTY GREEN COUNTY CIRCUIT Documents Page 8 of 14

12 GREEN COUNTY GREENUP COUNTY CIRCUIT Documents HANCOCK COUNTY HARDIN COUNTY CIRCUIT Documents HARLAN COUNTY CIRCUIT Documents HARRISON COUNTY CIRCUIT Documents HART COUNTY CIRCUIT Documents HENDERSON COUNTY CIRCUIT Documents HENRY COUNTY CIRCUIT Documents HICKMAN COUNTY HOPKINS COUNTY CIRCUIT Documents JACKSON COUNTY CIRCUIT Documents JEFFERSON COUNTY CIRCUIT Documents JESSAMINE COUNTY CIRCUIT Documents JOHNSON COUNTY KENTON COUNTY CIRCUIT Documents , , , Page 9 of 14

13 KENTON COUNTY KNOTT COUNTY CIRCUIT Documents KNOX COUNTY CIRCUIT Documents LARUE COUNTY CIRCUIT Documents LAUREL COUNTY CIRCUIT Documents LAWRENCE COUNTY CIRCUIT Documents LEE COUNTY LESLIE COUNTY CIRCUIT Documents LETCHER COUNTY CIRCUIT Documents LEWIS COUNTY CIRCUIT Documents LINCOLN COUNTY CIRCUIT Documents LIVINGSTON COUNTY CIRCUIT Documents LOGAN COUNTY CIRCUIT Documents LYON COUNTY MADISON COUNTY CIRCUIT Documents Page 10 of 14

14 MAGOFFIN COUNTY CIRCUIT Documents MARION COUNTY CIRCUIT Documents MARSHALL COUNTY CIRCUIT Documents MARTIN COUNTY MASON COUNTY CIRCUIT Documents MCCRACKEN COUNTY CIRCUIT Documents MCCREARY COUNTY CIRCUIT Documents MCLEAN COUNTY CIRCUIT Documents MEADE COUNTY CIRCUIT Documents MENIFEE COUNTY CIRCUIT Documents MERCER COUNTY CIRCUIT Documents METCALFE COUNTY CIRCUIT Documents MONROE COUNTY CIRCUIT Documents MONTGOMERY COUNTY CIRCUIT Documents Page 11 of 14

15 MORGAN COUNTY CIRCUIT Documents MUHLENBERG COUNTY CIRCUIT Documents NELSON COUNTY CIRCUIT Documents OHIO COUNTY CIRCUIT Documents OLDHAM COUNTY CIRCUIT Documents OWEN COUNTY CIRCUIT Documents OWSLEY COUNTY PENDLETON COUNTY CIRCUIT Documents PERRY COUNTY CIRCUIT Documents PIKE COUNTY CIRCUIT Documents POWELL COUNTY CIRCUIT Documents PULASKI COUNTY CIRCUIT Documents ROCKCASTLE COUNTY ROWAN COUNTY CIRCUIT Documents RUSSELL COUNTY Page 12 of 14

16 SCOTT COUNTY CIRCUIT Documents SHELBY COUNTY CIRCUIT Documents SIMPSON COUNTY CIRCUIT Documents SPENCER COUNTY CIRCUIT Documents TAYLOR COUNTY CIRCUIT Documents TODD COUNTY CIRCUIT Documents TRIGG COUNTY CIRCUIT Documents TRIMBLE COUNTY CIRCUIT Documents UNION COUNTY CIRCUIT Documents WARREN COUNTY CIRCUIT Documents WASHINGTON COUNTY CIRCUIT Documents WAYNE COUNTY CIRCUIT Documents WEBSTER COUNTY CIRCUIT Documents WHITLEY COUNTY CIRCUIT Documents Page 13 of 14

17 WOODFORD COUNTY CIRCUIT Documents STATEWIDE Documents ,433 1,412 1,122 1,104 5,067 4, ,819 5,151 Page 14 of 14

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