All About Expungement of Kansas Convictions

This information is from the Kansas Criminal Defense Law website.

The Kansas statute, K.S.A. 21-3110, says that a defendant in a criminal action may have their conviction or arrest wiped off their record so that only the defendant or government agencies have access to it.

In order to get the expungement of an arrest record, K.S.A. 22-2410 requires a lawsuit must be filed in the same court as the conviction and must give the following information:

(1) The petitioner's full name;

(2) the full name of the petitioner at the time of arrest, if different than the 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.

An expungement lawsuit requires a docket fee of about $195, unless the petitioner was involved in identity theft.

Once you have gotten your personal record details in hand, go here to read about a free form offered by Kansas Legal Services to help with expungement.

The arresting agency and the prosecuting attorney will be notified of the petition and be given an opportunity to be heard at a hearing on 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.

If the presiding judge orders expungement of an arrest record and/or further court proceedings, if any, the Order will repeat the information in the petition and will state the required findings that support the grounds for expungement.  The findings can be:

  • The arrest occurred because of mistaken identity;
  • a court has found that 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 charges have been dismissed; or no charges have been or are likely to be filed.

The court clerk will send a certified copy of the judge's order to the Kansas Bureau of Investigation which will notify the Federal Bureau of Investigation, the Secretary of Corrections and any other criminal justice agency which may have a record of the arrest.

If an Expungement Order is entered, the petitioner/defendant will be treated as not having been arrested.

In order to qualify for expungement, you must not have been involved in any criminal activity within the preceeding two years and you must set forth all the details of the underlying conviction.

At least three years must have passed since the successful completion of any underlying sentence including probation and parole. These are the determing factors for convictions ranked level four and below on the drug grid and level six and below on the non-drug grid.

Crimes ranked more serious than this require a five year waiting period.

The following convictions require five (5) years time passage before expungement:

  • Vehicular homicide, as defined by K.S.A. 21-3405, and amendments;
  • driving with a license that has been canceled, suspended or revoked, as prohibited by K.S.A. 8-262, and amendments;
  • perjury resulting from a violation of K.S.A. 8-261a, and amendments;
  • a violation of the provisions of the fifth clause of K.S.A. 8-142, and amendments--relating to fraudulent applications;
  • any felony that includes a vehicle;
  • 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;
  • a violation of the provisions of K.S.A. 40-3104, and amendments, relating to having up-to-date motor vehicle liability insurance coverage; or
  • a violation of K.S.A. 21-3405b, and amendments.

There are no expungement of convictions or diversions for a violation of a city ordinance.

K.S.A. 21-4619 says that neither arrests nor convictions for the following crimes can be expunged:

  • Rape,
  • indecent liberties with a child,
  • aggravated indecent liberties with a child,
  • criminal sodomy involving children,
  • aggravated criminal sodomy,
  • indecent solicitation of a child,
  • aggravated indecent solicitation of a child,
  • sexual exploitation of a child,
  • aggravated incest,
  • endangering a child,
  • abuse of a child,
  • any form of murder or manslaughter,
  • sexual battery when the victim is less than 18 years of age,
  • aggravated sexual battery

or any crime comparable to any of these offenses.

 

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