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Expungement Law in Kansas

    • Your Kansas conviction may be expungeable.fingerprint image by dip from Fotolia.com

      If you have a conviction on your criminal record in the state of Kansas, you may be able to have the conviction expunged. When a record has been expunged, it will not show up on any background checks including employment, renting a home or obtaining a professional license. Kansas has one of the more expansive expungement laws that allows misdemeanors and some felonies to be expunged if you meet the statutory criteria.

    What Can Be Expunged

    • Kansas allows someone who has been convicted of traffic infractions, misdemeanors and some felonies to request that the record of his conviction be expunged. Offenses that cannot be expunged include convictions for crimes such as rape, endangering a child, murder and child abuse. A full list can be found on the Kansas Legislature website.

    When You May Apply

    • For misdemeanors and less-serious felony convictions such as forgery or driving under the influence, you may apply to have the conviction expunged after three years have passed since you completed the imposed sentence or were discharged from probation, parole or other court supervision. For more serious crimes such as vehicular homicide or perjury, you must wait until five years have passed.

    Procedure for Expungement

    • According the Kansas Code Section 21-4619(d), to request that your record be expunged, you must prepare a petition for expungement of arrest record, an affidavit and an order of expungement. Sample forms can be found on the Sedgwick County District Attorney website. Note that these forms are county-specific. If you live in another county, you will need to make the appropriate changes on the forms.

      All documents must be filed with the Office of the District Attorney in the county where you were convicted. A records check will then be completed to make sure you have no additional convictions or charges pending. Once the District Attorney signs off on the petition, you will need to file it with the clerk of courts where you were originally convicted. If the judge is satisfied that you meet all the requirements for an expungement, the order will be signed and your record ordered to be expunged.



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