Expungement means the case information will be considered "erased," and the public will not have access to the information, except in certain situations.
- Most city ordinance convictions can be expunged after three (3) years.
- A five (5) year wait period is required for convictions of leaving the scene, driving on a suspended driver's license and failure to maintain motor vehicle liability insurance.
- A ten (10) year wait period is required for driving under the influence (DUI) convictions.
The wait period does not begin until you have completed your sentence, or have been discharged from probation, parole or suspended sentence.
Once you have petitioned for expungement, the court will set a hearing date and send a notice to the prosecutor.
Anyone who has relevant information about you may testify at the hearing. The court may look into your background and will be given access to any reports or records that may be on file with the Secretary of Corrections or the Kansas Adult Authority.
At the hearing, your case may be expunged if the court finds:
- You have not been convicted of a felony in the last two years and no criminal proceedings are currently pending or being instituted.
- Your behavior and circumstances warrant it.
- Expungement is consistent with the public welfare.
Once an order of expungement is issued, you will be treated as though you were never convicted of a crime, unless:
- You are convicted of another crime. In that case, the conviction that was expunged can be viewed as a prior conviction at sentencing.
- You apply for admission, or for an order of reinstatement, to practice law in this state.
- You apply for employment with a criminal justice agency, private detective agency, private patrol agency, or with the Department of Social and Rehabilitation Services.
- You apply for a job with the Kansas Lottery or Racing commissions.
- You apply for a commercial driver's license.
- Other circumstances as determined by the judge.
The $100 expungement filing fee is due at the time you file your petition for expungement.