Expunging or Sealing an Adult Criminal Record in Kansas

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In Kansas, your criminal record may be expunged -- that is, erased or sealed -- under the circumstances described below. If your record is expunged, it will be hidden from public view and, in most cases, you will not have to disclose that you were arrested or convicted of a crime.

If You Were Not Convicted of a Crime

If you were arrested but not convicted of a crime, you may petition to have your arrest record expunged. Your request will most likely be granted if:

  • the arrest was due to mistaken identity
  • the court finds there was no probable cause to arrest you
  • you were found not guilty, or
  • the court feels that expungement would be in the best interests of justice and (1) no charges were filed against you, or (2) the charges were dismissed.

(K.S.A. § 22-2410 and §12-4516(a).)

If You Were Convicted of a Crime

Offenses with a three-year waiting period. If you were convicted of one of the following crimes, you can petition for expungement if more than three years have passed since you satisfied the conditions of your diversion agreement, probation, sentence, parole, or post-release supervision:

  • traffic infraction
  • tobacco infraction
  • misdemeanor
  • class D or E felony
  • nondrug crime of severity level 6-10, after July 1, 1993, or
  • drug-related felony of severity level 4, after July 1, 1993.

Other convictions may qualify for expungement if you have completed a diversion agreement and satisfied the three-year waiting period, if the offense is not included on one of the lists below.

Offenses with a five-year waiting period. If you were convicted of one of the following crimes, you can petition for expungement if more than five years have passed since you satisfied the conditions of your diversion agreement, probation, sentence, parole, or post-release supervision:

  • class A, B, or C felony
  • off-grid felony, after July 1, 1993
  • nondrug crime of severity level 1-5, after July 1, 1993
  • drug-related felony of severity level 1-3, after July 1, 1993
  • vehicular homicide, or
  • other serious traffic or vehicle offenses.

(K.S.A. § 21-6614(a)-(b).)

Exceptions. Convicitions for murder, manslaughter, child abuse, rape, and most other sexual offenses can never be expunged. (K.S.A. § 21-6614(d).)

Driving under the influence. If you were convicted of a crime related to driving under the influence, you can petition for expungement if more ten years have passed since you satisfied the conditions of your diversion agreement, probation, sentence, parole, or post-release supervision. (K.S.A. § 21-6614(c).)

Violations of city ordinances. If you were convicted of violating a city ordinance, you may petition to have the conviction expunged if you satisfy the waiting period for the given violation and meet other requirements. To learn more, carefully read Section 12-4516 of the Kansas Statutes or consult a criminal law attorney.

Getting Legal Help

Cleaning up a criminal record can be complicated. To learn more about expunging criminal records in Kansas -- and to discuss your personal circumstances -- you should contact a qualified criminal law attorney.

by: , J.D.

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