Frederick Jones v. Commonwealth of Kentucky

Summary

The Supreme Court of Kentucky held that an application for expungement constitutes an “action” under Kentucky’s in forma pauperis statute. The Court ruled that the statute permits an indigent applicant to proceed without paying both the $50 filing fee and the $250 expungement fee. The Court reversed the Court of Appeals and remanded the matter to the Jefferson Circuit Court.

Holdings

1. An application for expungement is an "action" under KRS 453.190 because KRS 446.010(1) broadly defines action to include all proceedings in any Kentucky court, and an expungement proceeding is separate from the underlying criminal case.
2. When a qualifying applicant proceeds in forma pauperis on an expungement application, the IFP statute applies to both the $50 filing fee and the $250 expungement fee.

Questions Presented

1. Whether an application for expungement under KRS 431.073 is an "action" within the meaning of Kentucky's in forma pauperis statute, KRS 453.190.
2. If the IFP statute applies to an expungement application, whether it waives both the $50 filing fee and the $250 expungement fee.

Disposition

reversed_and_remanded