Southerland v. Commonwealth
Southerland v. Commonwealth
Opinion of the Court
Randall Southerland appeals from the July 6, 2017, order of the Hopkins Circuit Court denying his motion to expunge his 1994 felony conviction. We affirm.
Southerland entered a plea of guilty to Hopkins Circuit Court Indictment No. 93-CR-00191 on January 6, 1994, and was convicted of trafficking in a controlled substance in or near school (Kentucky Revised Statute (KRS) 218A.1411 ). On February 15, 1994, Southerland's one-year sentence was conditionally discharged for three years, and Southerland was ordered to make restitution in the sum of $695.00 to the Pennyrile Narcotics Task Force. Southerland was released from probation on May 20, 1996.
On May 25, 2017, Southerland filed a motion to amend/expunge felony record pursuant to KRS 431.073. The Commonwealth responded within a week, and the matter appeared on the motion hour docket of June 5, 2017, although there was no video recording or any documentation made of that event other than it being entered in the case history. The following month, the Hopkins Circuit Court entered its order denying the motion, simply stating: "The Court having reviewed the defendant's Motion for Expungement and memoranda in support thereof and the Commonwealth's Response thereto and being in all respects duly and sufficiently advised, hereby Order[s] that the defendant's Motion is Denied." Southerland filed a timely notice of appeal.
Southerland concedes that his conviction does not appear on the list of Class D Felony eligible offenses enumerated in KRS 431.073(1). However, he urges this Court, as he did the Hopkins Circuit Court, to exercise its discretion and order the conviction expunged. As support for this argument, Southerland cites Commonwealth v. Holloway ,
We initially note that Southerland failed to attach to his application an "Expungement Eligibility Certification Notice" from the Kentucky State Police, required by KRS 431.079(1). Furthermore, KRS 431.073(4)(a) specifically excludes Southerland from seeking expungement since he had "previously had a felony conviction vacated and the record expunged pursuant to this section" of a 2012 conviction. Southerland cannot seek a second expungement.
The circuit court lacked statutory authority to expunge Southerland's conviction. Commonwealth v. Jones ,
The order of the Hopkins Circuit Court is affirmed.
ALL CONCUR.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.