Kansas Expungement Law

Expungement of Criminal Records – General – Kansas

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1.  What is an expungement?

The process of legally destroying, obliterating or striking out records or information in files, computers and other depositories relating to criminal charges.

2.  Do the records just “disappear”?

No. The records cannot be accessed for general law enforcement or civil use. Expunged juvenile records may be maintained as long as they don’t contain identifying information. § 38-1610. An expunged record may not be considered in employment matters, certification, licensing, revocation of certification or licensure, or registration, except for employment with detective and private security firms, state social services agencies, gambling-related entities, commercial driving license applications, and admission to state Bar, and other situations ordered by the court. Expunged records of may still be used as a prior conviction when applicable in subsequent sentencing. §12 4516, § 22-2410, § 21-4619.

3.  What records may be expunged?  Juvenile offender records and files, with the exception of certain more serious offenses specified. § 38-2312. Conviction and related arrest records for violations of municipal ordinances § 12-4516. The arrest record and subsequent court proceedings of those not tried or found guilty of charges § 22-2410. Conviction or related arrest records of those completing probation or diversion programs for certain lesser offenses. § 21-4619.

4.  Who is eligible for an expungement?

1. In juvenile offender cases, a person who has reached 23 years of age or two years have elapsed since the final discharge of the person and has not been convicted of a felony or of a misdemeanor other than a traffic offense or a juvenile offender and no proceedings are pending. Certain serious offenses are excluded § 38-2312.
2. A person arrested for a violation of a city ordinance if three or more years have elapsed since the person:

(A) satisfied the sentence imposed; or
(B) was discharged from probation, parole or a suspended sentence.

Also, a person without a felony in the past two years, is not currently charged with a crime, who has fulfilled the terms of a diversion agreement based on a violation of a city ordinance if three or more years have elapsed since the terms of the diversion agreement were fulfilled. A person may not petition for expungement until five or more years have elapsed since the person satisfied the sentence imposed or the terms of a diversion agreement or was discharged from probation, parole, conditional release or a suspended sentence, if such person was convicted of the violation of a city ordinance which would also constitute certain crimes under state statutes such as perjury and vehicular homicide: § 12-4516.

3. A person arrested on a criminal charge when there was no probable cause for the arrest; the petitioner was found not guilty in court proceedings; or the expungement would be in the best interests of justice and

(A) Charges have been dismissed; or
(B) no charges have been or are likely to be filed. § 22-2410.

4. a)(1) Except as provided in subsections (b) and (c), any person who hasn’t had a felony in the past two years, is not currently charged with a crime, and was convicted in this state of a traffic infraction, cigarette or tobacco infraction, misdemeanor or a class D or E felony, or for crimes committed on or after July 1, 1993, nondrug crimes ranked in severity levels 6 through 10 or any felony ranked in severity level 4 of the drug grid, may petition the convicting court for the expungement of such conviction or related arrest records if three or more years have elapsed since the person: (A) Satisfied the sentence imposed; or (B) was discharged from probation, a community correctional services program, parole, postrelease supervision, conditional release or a suspended sentence.

(2) Except as provided in subsections (b) and (c), any person who has fulfilled the terms of a diversion agreement may petition the district court for the expungement of such diversion agreement and related arrest records if three or more years have elapsed since the terms of the diversion agreement were fulfilled.

(b) Except as provided in subsection (c), no person may petition for expungement until five or more years have elapsed since the person satisfied the sentence imposed, the terms of a diversion agreement or was discharged from probation, a community correctional services program, parole, postrelease supervision, conditional release or a suspended sentence, if such person was convicted of a class A, B or C felony, or for crimes committed on or after July 1, 1993, if convicted of an off-grid felony or any nondrug crime ranked in severity levels 1 through 5 or any felony ranked in severity levels 1 through 3 of the drug grid, or:

(1) Vehicular homicide, as defined by K.S.A. 21-3405, and amendments thereto, or as prohibited by any law of another state which is in substantial conformity with that statute;

(2) driving while the privilege to operate a motor vehicle on the public highways of this state has been canceled, suspended or revoked, as prohibited by K.S.A. 8-262, and amendments thereto, or as prohibited by any law of another state which is in substantial conformity with that statute;

(3) perjury resulting from a violation of K.S.A. 8-261a, and amendments thereto, or resulting from the violation of a law of another state which is in substantial conformity with that statute;

(4) violating the provisions of the fifth clause of K.S.A. 8-142, and amendments thereto, relating to fraudulent applications or violating the provisions of a law of another state which is in substantial conformity with that statute;

(5) any crime punishable as a felony wherein a motor vehicle was used in the perpetration of such crime;

(6) failing to stop at the scene of an accident and perform the duties required by K.S.A. 8-1602, 8-1603 or 8-1604, and amendments thereto, or required by a law of another state which is in substantial conformity with those statutes;

(7) violating the provisions of K.S.A. 40-3104, and amendments thereto, relating to motor vehicle liability insurance coverage; or

(8) a violation of K.S.A. 21-3405b, prior to its repeal.

(c) There shall be no expungement of convictions for the following offenses or of convictions for an attempt to commit any of the following offenses: (1) Rape as defined in K.S.A. 21-3502, and amendments thereto; (2) indecent liberties with a child as defined in K.S.A. 21-3503, and amendments thereto; (3) aggravated indecent liberties with a child as defined in K.S.A. 21-3504, and amendments thereto; (4) criminal sodomy as defined in subsection (a)(2) or (a)(3) of K.S.A. 21-3505, and amendments thereto; (5) aggravated criminal sodomy as defined in K.S.A. 21-3506, and amendments thereto; (6) indecent solicitation of a child as defined in K.S.A. 21-3510, and amendments thereto; (7) aggravated indecent solicitation of a child as defined in K.S.A. 21-3511, and amendments thereto; (8) sexual exploitation of a child as defined in K.S.A. 21-3516, and amendments thereto; (9) aggravated incest as defined in K.S.A. 21-3603, and amendments thereto; (10) endangering a child as defined in K.S.A. 21-3608, and amendments thereto; (11) aggravated endangering a child, as defined in K.S.A. 21-3608a, and amendments thereto; (12) abuse of a child as defined in K.S.A. 21-3609, and amendments thereto; (13) capital murder as defined in K.S.A. 21-3439, and amendments thereto; (14) murder in the first degree as defined in K.S.A. 21-3401, and amendments thereto; (15) murder in the second degree as defined in K.S.A. 21-3402, and amendments thereto; (16) voluntary manslaughter as defined in K.S.A. 21-3403, and amendments thereto; (17) involuntary manslaughter as defined in K.S.A. 21-3404, and amendments thereto; (18) involuntary manslaughter while driving under the influence of alcohol or drugs as defined in K.S.A. 21-3442, and amendments thereto; (19) sexual battery as defined in K.S.A. 21-3517, and amendments thereto, when the victim was less than 18 years of age at the time the crime was committed; (20) aggravated sexual battery as defined in K.S.A. 21-3518, and amendments thereto; (21) a violation of K.S.A. 8-1567, and amendments thereto, including any diversion for such violation; (22) a violation of K.S.A. 8-2,144, and amendments thereto, including any diversion for such violation; or (23) any conviction for any offense in effect at any time prior to the effective date of this act, that is comparable to any offense as provided in this subsection. § 21-4619.

5. A person arrested for violation of a city ordinance if (1) The arrest occurred because of mistaken identity;

(2) a court has found that there was no probable cause for the arrest;

(3) the petitioner was found not guilty in court proceedings; or

(4) the expungement would be in the best interests of justice and (A)charges have been dismissed; or (B) no charges have been or are likely tobe filed. § 12-4516a

5.  How do I get records expunged?

1. In juvenile offense cases, records may be expunged upon petition to a judge of the court of the county in which the records or files are maintained. The petition for expungement may be made by the person who is the juvenile offender or, if the person is a juvenile, by the person’s parent or next friend. The petition shall state:

(1) The juvenile’s full name;
(2) the full name of the juvenile at the time of the trial, if different than (1);
(3) the juvenile’s sex and date of birth;
(4) the offense for which the juvenile was adjudicated;
(5) the date of the trial; and
(6) the identity of the trial court. There is no docket fee for filing a petition.  A court hearing will be held and any person who may have relevant information about the petitioner may testify at the hearing. § 38-2312.

2. A person arrested for violating a municipal ordinance may petition the convicting court for expungement of the conviction and related arrest records. The petition shall state:

(1) The defendant’s full name;
(2) the full name of the defendant at the time of arrest, conviction or diversion, if different than the defendant’s current name;
(3) the defendant’s sex, race and date of birth;
(4) the crime for which the defendant was arrested, convicted or diverted;
(5) the date of the defendant’s arrest, conviction or diversion; and
(6) the identity of the convicting court, arresting law enforcement agency or diverting authority.

A court hearing will be held. A municipal court may prescribe a fee to be charged as costs. Any person who may have relevant information about the petitioner may testify at the hearing. The court may inquire into the background of the petitioner and shall have access to any reports or records relating to the petitioner that are on file with the secretary of corrections or the Kansas parole board. § 12-4516.

3. A person who has been arrested for a crime may petition the district court for the expungement of the arrest record. The court will set a date for hearing on the petition and give notice of the hearing to the prosecuting attorney and the arresting law enforcement agency. The petition must state:

(1) The petitioner’s full name;
(2) the full name of the petitioner at the time of arrest, if different than the petitioner’s current name;
(3) the petitioner’s sex, race and date of birth;
(4) the crime for which the petitioner was arrested;
(5) the date of the petitioner’s arrest; and
(6) the identity of the arresting law enforcement agency. There is no docket fee for filing the petition. Any person who may have relevant information about the petitioner may testify at the hearing. The court may inquire into the background of the petitioner. § 22-2410.

4. A person convicted of a crime may petition the district court to expunge the conviction and any related arrest records. The petition must state:

(1) The defendant’s full name,
(2) the full name of the defendant at the time of arrest, conviction or diversion, if different than the defendant’s current name;
(3) the defendant’s sex, race and date of birth;
(4) the crime for which the defendant was arrested, convicted or diverted;
(5) the date of the defendant’s arrest, conviction or diversion; and
(6) the identity of the convicting court, arresting law enforcement authority or diverting authority.

There is no docket fee for filing the petition. All petitions for expungement will be docketed in the original criminal action. A court hearing will be held Any person who may have relevant information about the petitioner may testify at the hearing. The court may inquire into the background of the petitioner and will have access to any reports or records relating to the petitioner that are on file with the secretary of corrections or the Kansas parole board. § 21-4619.

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Inside Kansas Expungement Law