Kentucky Supreme Court Decision Means Thousands of Kentuckians Gain Access to Expungement

LOUISVILLE, KY (December 16, 2021) —  Today, the Kentucky Supreme Court issued a landmark unanimous decision impacting thousands of Kentuckians pursing their right of access to the court system.  In Jones v. Commonwealth, the Supreme Court of Kentucky ruled that an indigent person is not required to pay the $300 filing fee for the expungement of a felony. This ruling reverses the decision of the Court of Appeals and sends the case back to the Jefferson Circuit Court to grant the waiver.

“We were thrilled to receive today’s decision from the Kentucky Supreme Court,” said Michael Abate of Kaplan Johnson Abate & Bird LLP, who partnered with Legal Aid Society to brief and argue the case in the Supreme Court. “This decision means that thousands of Kentuckians will have access to the courts to restore their basic constitutional rights and ability to participate in society even though they cannot afford the filing fees for an expungement. We are grateful that the Court decided to hear this case and quickly issue such a strong, unanimous decision supporting access to justice.”

Criminal record expungement is a critical component of reentry that offers a pathway to employment, stable housing, access to food, and good health. Thousands of low-income Kentuckians are eligible for expungement but often cite inability to pay as a barrier.  In 2021, in Legal Aid Society’s fifteen county service area, Legal Aid attorneys assisted 875 Kentucky residents with a criminal record expungement, with most seeking the waiver of filing fees.   

“The Supreme Court spoke loudly and clearly that access to justice should not be based upon one’s ability to pay a filing fee,” said John Young, Managing Attorney of Intake and Brief Services, who appealed the original court decision in 2018.  “This is a resounding victory not only for our client, but for many people in his circumstances across the Commonwealth. This decision will help countless Kentuckians who have paid their debt to society get back some dignity and gain access to better jobs.”

The decision comes one day after Legal Aid Society celebrated it’s one-hundredth anniversary on December 15, 2021. “This is the best birthday present that we could receive,” said Jefferson Coulter, Executive Director of Legal Aid Society. “This decision will impact our clients and improve the lives of Kentuckians for decades to come.”

To read the decision in its entirety, click here.