At the beginning of each new year, we have the opportunity to start fresh. If you have a criminal record, now may be the right time for the clean slate offered by expungement.
Who Can Seek to Expunge a Criminal Record in Kansas?
Many criminal records are eligible for expungement in Kansas. You may be able to expunge your record if:
- You were convicted of an expungement-eligible offense (certain sex crimes, crimes against children, and crimes resulting in death cannot be expunged).
- You have not been convicted of a felony in the past two years;
- No felony charges are currently pending against you; and
- The applicable waiting period has expired.
- 3 years since completing a sentence or diversion for a misdemeanor or lower-level felony conviction
- 5 years since completing a sentence or diversion for a higher-level felony conviction
- 5 to 10 years since completing a sentence or diversion for DUI (depending on the number of prior DUIs)
Although Kansas law prohibits expungement during the period in which someone is required to register as a sex offender or violent offender, individuals who have been compliant with their drug offender registration for five years can now apply for expungement and removal from the drug offender registry at the same time.
When Can I Expunge My Arrest Record?
There is no mandatory waiting period to expunge arrest records. An arrest may be eligible for expungement at any time, provided:
- The arrest occurred because of mistaken identity;
- a court has found that there was no probable cause for the arrest;
- the petitioner was found not guilty in court proceedings; or
- the expungement would be in the best interests of justice and: (A) Charges have been dismissed; or (B) no charges have been or are likely to be filed.
What Are the Benefits of Expunging a Criminal Record in Kansas?
Per Kansas statute, a person whose Kansas criminal record has been expunged “shall be treated as not having been arrested, convicted or diverted of the crime,” except that:
- the record still counts when calculating criminal history / establishing a prior conviction in the event you are charged with or convicted of another crime;
- the record must be disclosed in certain situations as required by law.
Unless a statutory disclosure scenario applies, a person whose record has been expunged can lawfully state that he or she has never been arrested, convicted, or diverted for the expunged offense. This is what is most helpful when applying for a new job or filling out a lease for a new home or apartment.
Once an expungement order is entered, the criminal record is sealed from public disclosure. That means it won’t appear in a court record search for your name, and it should stop appearing on standard background checks.
If you are interested in starting the new year with the clean slate of expungement, contact Joseph, Hollander & Craft’s expungement lawyers today. We maintain offices in Lawrence, Overland Park, Topeka and Wichita for your convenience.