Lawrence Expungement Lawyer

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Expungement can be an important step for anyone who has been convicted of a crime and is ready for a fresh start. At Joseph, Hollander & Craft, our Lawrence expungement lawyers are experienced advocates for people who have completed their sentences and are ready to clear their record. Contact us today for help getting that fresh start.

What Does “Expungement” Mean?

Expungement is a court ordered process to “clear” a criminal history. Having a record expunged can give you the opportunity to apply for certain jobs, housing, or more opportunities without a past mistake holding you back. Under K.S.A. 12-4516 and K.S.A. 21-6614 certain convictions may qualify for expungement if three or five years (depending on the severity of the crime) have elapsed since the person:

(A) Satisfied the sentence imposed; or

(B) was discharged from probation, parole or a suspended sentence.

Diversions are generally able to be expunged within the same timeline as convictions. Arrests can be expunged without a waiting period, although it is prudent to wait long enough to be sure charges will not be filed. Some prosecutors will issue no charge memos. Sometimes, the arrestee has to wait until the statute of limitations has expired.

Is an Expungement the Same as Sealing a Record?

Kansas statute provides that a person whose criminal record has been expunged “shall be treated as not having been arrested, convicted or diverted of the crime” except under certain circumstances. The record will still count as a prior in any subsequent prosecution and can, therefore, affect the severity level of a charge and/or your criminal history calculation. You will be required to disclose the conviction when applying for certain public service positions in Kansas.

However, records related to your arrest, diversion, or conviction will be sealed from public access (a typical background report will not disclose it), and you can answer questions for most housing and employment applications as if the arrest, diversion, or conviction never happened. 

Is an Expungement the Same as a Pardon?

No. Receiving a pardon from the Governor of Kansas is not the same as expungement. A pardon is a form of official forgiveness for a crime. It can relieve a person convicted of a crime of certain related penalties, such as prison time or the deprivation of civil rights. But a pardoned person still has a public criminal record (unless the record is also expunged).

Pardons can only be granted after recommendation from the prisoner review board. Pardons can allow someone currently in custody to walk free, as well as have many of their rights restored. Some examples include the right to serve on a jury or the right to hold public office. 

It is important to note that securing a pardon is very rare in the state of Kansas.

Who Qualifies to Have a Criminal Record Expunged in Lawrence?

You may be eligible to have your criminal history sealed if you have passed the appropriate waiting period, usually between three to five years, and if you have not been convicted of a felony in the past two years. For second and subsequent DUIs, the waiting period can be seven to ten years. 

Under K.S.A. 21–6614(e), convictions for specified sex crimes, child abuse, murder, and manslaughter are not eligible for expungement.

Which Criminal Convictions Can Be Expunged in Kansas?

There are restrictions on what kinds of arrests and criminal charges can be expunged in Kansas, but all of the following may qualify: 

• Misdemeanors
• Tobacco or cigarette infractions
• Traffic violations
• Class D and E felonies
• Some Class A, B, and C felonies, with restrictions
• Perjury
• Vehicular homicide
• DUI convictions 
• Drug convictions
• White collar crimes
• Certain juvenile court proceedings
• Not guilty verdicts

Do I Need a Lawyer to Expunge My Record in Lawrence?

Having a Lawrence criminal defense attorney handle the expungement process is a smart move. Filing for expungement is a court process, not an automatic right after enough time has elapsed. You will need to file certain forms in the right jurisdiction, complete the petition accurately, and you may also need to present your request in front of a judge. The prosecutor can object, and any victim of the crime will have the opportunity to address the court. An expungement attorney from Joseph, Hollander & Craft can ensure all steps are done correctly, as well as present your case for expungement should there be any objections or obstacles in your way.

Frequently Asked Questions About Expungement in Lawrence, KS

How much does a lawyer charge for an expungement in Lawrence?

There are costs associated with expungement, including the filing fee that you will need to pay within the court system. Your expungement attorney can discuss payment as well as a fee schedule with you during the initial consultation.

How long do I have to wait before I can expunge my record in Kansas?

The expungement process generally ranges from a three (3) to five (5) year waiting period in Kansas before you may qualify to file. However a seven (7) or ten (10) year waiting period may apply for second or subsequent DUIs.

Can you expunge an arrest record?

Yes, an arrest record can be expunged under many circumstances. If you were found not guilty or if the charges were dismissed, expungement can be relatively straightforward. It is also possible to expunge an arrest record that never resulted in prosecution.

What rights can I get back by expunging my record?

Perhaps the most important right you can regain from expungement is the right to deny any prior arrest when you apply for housing or employment. A publicly available arrest record can damage your employment prospects, your relationships, and your reputation. Expunging the record with the help of a Lawrence expungement attorney can help you start fresh and restore your privacy.

How long does it take to expunge a record in Lawrence, KS?

The time between filing an expungement petition and learning the results is usually between 30 and 90 days. With the assistance of an attorney, you may be able to get an agreed order of expungement without the need for a hearing.

Do You Have an Expungement Attorney Near Me?

Joseph, Hollander & Craft’s Lawrence office is located at 5200 Bob Billings Pkwy. We offer onsite parking. The firm maintains additional offices in Topeka, Overland Park, Wichita, and Kansas City, MO for your convenience.