Bedford v. Commonwealth

Citation Codes

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Docket Number

NO. 2017-CA-001907-MR

Advocates

BRIEF FOR APPELLANT: Phillip M. Bedford, pro se Oakland, California BRIEF FOR APPELLEE: Andy Beshear Attorney General of Kentucky Emily Bedelle Lucas Assistant Attorney General Frankfort, Kentucky

Judges

NICKELL, JUDGE

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Smart Summary

Factual and Procedural Background

In 1985, Phillip M. Bedford pled guilty to eight counts of obtaining drugs by fraud and deception. On December 10, 2007, he received an unconditional pardon from Governor Ernie Fletcher for those felony convictions. Bedford subsequently filed multiple motions for expungement of these convictions. The application relevant to this appeal was filed on May 1, 2017. The Jefferson Circuit Court denied this application on October 13, 2017, prompting Bedford to appeal the denial.

Legal Issues Presented

Whether the trial court erred in denying Bedford's application for expungement of felony convictions based on a mistaken belief that it was not authorized by statute.
Whether the trial court correctly applied the appropriate Kentucky Revised Statutes governing expungement of pardoned felony convictions.

Arguments of the Parties

Appellant's Arguments

Bedford argued that the trial court erroneously denied his expungement application by incorrectly concluding that no statute authorized expungement in his case.
He asserted that his felony convictions were eligible for expungement under KRS 431.073 due to the full pardon granted by the Governor.

Appellee's Arguments

The Commonwealth conceded that the trial court erred by failing to consider the correct statute applicable to pardoned felony convictions.

Table of Precedents Cited

Precedent	Rule or Principle Cited For	Application by the Court
KRS 431.073(1)	Permits expungement of felony convictions for persons granted a full pardon by the Governor.	The court held that this statute authorized Bedford’s application for expungement and that the trial court failed to consider this statute, warranting reversal and remand.
KRS 431.076	Expungement of criminal records for those found not guilty, charges dismissed with prejudice, or no indictment.	The trial court mistakenly relied on this statute, which the appellate court found inapplicable to Bedford’s pardoned felony convictions.

Court's Reasoning and Analysis

The court examined the statutory framework governing expungement in Kentucky, focusing on the distinction between KRS 431.076 and KRS 431.073(1). The trial court had denied Bedford’s application by referencing KRS 431.076, which pertains to expungement for acquittals, dismissals, or non-indictments, and is thus inapplicable to pardoned convictions. Bedford’s felony convictions were pardoned, making KRS 431.073(1) the controlling statute. This statute explicitly permits expungement of convictions for individuals granted a full pardon. The appellate court found that the trial court failed to apply this statute and therefore erred in denying the expungement. Consequently, the appellate court reversed the denial and remanded the case for reconsideration under the correct statutory authority.

Holding and Implications

REVERSED and REMANDED.

The court’s decision directs the Jefferson Circuit Court to reconsider Bedford’s expungement application pursuant to KRS 431.073(1), which authorizes expungement for pardoned felony convictions. The direct effect is that Bedford’s application must be evaluated under the correct statute. No new precedent was established beyond clarifying the applicability of existing statutes to pardoned convictions.

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PHILLIP M. BEDFORD APPELLANT v. COMMONWEALTH OF KENTUCKY APPELLEE

NICKELL, JUDGE

NOT TO BE PUBLISHED APPEAL FROM JEFFERSON CIRCUIT COURT
HONORABLE A. C. MCKAY CHAUVIN, JUDGE
ACTION NO. 85-CR-000378 OPINION
REVERSING AND REMANDING

** ** ** ** **

BEFORE: ACREE, NICKELL, AND SMALLWOOD, JUDGES. NICKELL, JUDGE: Phillip M. Bedford, pro se, has appealed the October 13, 2017, order of the Jefferson Circuit Court denying his motion for expungement of multiple felony convictions. Upon careful review, we reverse and remand.

In 1985, Bedford pled guilty to eight counts of obtaining drugs by fraud and deception. On December 10, 2007, Bedford received an unconditional pardon from Governor Ernie Fletcher for those felony convictions.

Bedford filed multiple motions for expungement of his felony convictions; however, the application for expungement pertinent to this appeal was filed on May 1, 2017. On October 13, 2017, the circuit court denied Bedford's application for expungement. This appeal followed.

The application was stamped "filed" on April 31, 2017; however, that date does not exist.

On appeal, Bedford argues the trial court erroneously denied his application for expungement of felony convictions under the mistaken belief it was not authorized by statute. In its brief, the Commonwealth concedes the trial court erred by failing to consider the correct statute. After review, we agree.

In its order denying Bedford's application for expungement the circuit court references KRS 431.076, titled "Expungement of criminal records for those found not guilty of crimes, for whom charges have been dismissed with prejudice, or against whom charges have not resulted in an indictment." This statute is inapplicable.

Kentucky Revised Statutes. --------

Bedford's application states the offenses "are eligible to be vacated and expunged pursuant to KRS 431.073 or the defendant has been granted a full pardon by the Governor, a copy of which is attached." KRS 431.073(1) permits expungement of felonies which have been pardoned, stating "[a]ny person . . . who has been granted a full pardon, may file with the court in which he or she was convicted an application to have the judgment vacated." It is clear the trial court did not consider the authority conveyed to it by this statute. As such, its order is reversed, and the matter remanded for entry of an order considering KRS 431.073(1).

For the foregoing reasons, the order of the Jefferson Circuit Court is REVERSED and REMANDED.

ALL CONCUR. BRIEF FOR APPELLANT: Phillip M. Bedford, pro se
Oakland, California BRIEF FOR APPELLEE: Andy Beshear
Attorney General of Kentucky Emily Bedelle Lucas
Assistant Attorney General
Frankfort, Kentucky