Kansas Expungement

Kansas Expungement
In Kansas expungement is designed to help reformed individuals be of assistance to society. Because expungement is the removal of criminal records from civil access and general law enforcement access, those with expunged records have new opportunities. After a record is removed it cannot be considered in certification, employment matters, licensing, registration, or revocation of certification or licensure, except in the cases of employment with private or detective security firms, gambling-related entities, state social services agencies, commercial driving license applications, admission to the state Bar, and any other situations as designated by the court. However some juvenile records may be retained as long as they do not contain any identifying information on the individual. According to Kansas Law 12-4516 expunged records may be used as priors in new convictions if necessary.

Expunged Records
Most records can be expunged in the state of Kansas if the individual is eligible. Juvenile offender files and records are eligible for expungement in most cases, unless serious offenses specify ineligibility. Convictions and related arrest records for municipal ordinance violations and arrest records and following court proceedings of those not tried are also eligible for petitioning. Convictions of lesser offenses and their related arrest records may be expunged after the completion of probation or diversion programs.

Kansas Eligibility
Expungement in Kansas is a privilege and not a right, so the court sets specific guidelines for which individuals may apply for expungement. The court also has the power to deny a petition if it is not found in the favor of the court. Juvenile offender cases where the individual has reached the age of twenty-three or where two years have elapsed since the final discharge leading to no felony conviction or misdemeanor conviction are eligible for petitioning. Traffic offenses do not count towards ineligibility; however there cannot be any other current criminal proceedings for expungement to be obtained. There are specific serious, violent offenses that can exclude a juvenile from this privilege.

An individual who has been arrested for a city violation ordinance where three or more years have passed since the individual completed the imposed sentence or was discharged from parole, probation, or a suspended sentence may apply. Expungement is also possible for those who have not been charged with felonious offenses in two years, who are not currently being charged with a crime, who have fulfilled the terms of a diversion agreement as designated through city violation ordinance, and three or more years have elapsed since fulfillment. Individuals must wait at least five years after the satisfying of the imposed sentence or the terms of a diversion agreement or after probation, parole, or conditional release discharge. This also includes suspended sentences.

Petition eligibility is also possible for individuals who have been arrested on criminal charges and where release due to no probable cause, were found not guilty in court proceedings, or where expungement is in the best interest of justice. In these cases charges must have been dismissed and no charges have been or are like to be filed in the future.