If you have been arrested, convicted or had a criminal charge diverted in the state of Kansas, you may be eligible to have those records sealed. Kansas laws allows the Court to seal criminal arrests, diversion or convictions after the statutory waiting period has expired. For example, a misdemeanor possession of marijuana charge can be expunged three years after the successful completion of a diversion or sentence. The waiting periods for requesting expungement of a conviction or diversion vary from three to five years, with the waiting period starting upon successful completion of a diversion or sentence. Certain convictions, such as high-level sex offenses and homicides, cannot be expunged. But arrests for those offenses may be eligible for expungement. Some arrest records can be expunged immediately. It is important to consult an attorney regarding the expungement process and legal ramifications.
Kansas district courts require a filing fee ($100-195) and the filing of legal documents to initiate the expungement process. A court hearing can be required, which requires an individual to appear and offer testimony supporting an expungement. If the petition for expungement is granted, an order of expungement will be filed directing that the petitioner’s criminal record be sealed. The duration of the expungement process can vary depending on the type of records at issue and the jurisdiction where relief is sought, but it generally takes approximately six to eight weeks to complete the expungement process.
Once an arrest, conviction or diversion record is expunged, Kansas statute allows the person whose record has been expunged to state, in most circumstances, that he or she was never arrested, convicted or diverted for a crime. But some exceptions apply. For example, applicants for a commercial driver’s license are required to disclose even expunged arrests, convictions or diversions.
The attorneys of Joseph, Hollander & Craft are well versed in the area of expungement laws and routinely assist clients in this very valuable and worthwhile legal recourse. If you find yourself denied employment or housing opportunities, you should strongly consider having any eligible arrests or criminal charges expunged. Your life potential should not be limited when there is a legal remedy that will assist in opening doors to success! With attorneys in Wichita (316-262-939), Topeka (785-234-3272), Lawrence (785-856-0143), and Overland Park (913-948-9490), Joseph, Hollander & Craft serves clients from the Oklahoma border to the Kansas City area. Call an attorney today to explore your options for an expungement.