Five to ten years after successfully completing your DUI sentence, your DUI attorney may request that all records of your arrest and conviction or diversion be expunged from your record. Expungement removes the record from the KBI criminal history database and from court files. This means that employers and the public will not be able to find the DUI arrest or conviction. You are also authorized to answer that you were not arrested for or convicted of the DUI in various instances, such as when filling out job applications.
The Kansas Legislature has frequently changed the law on expungement of DUI convictions. As a result, when you were arrested and convicted determines how long you must wait for expungement. Below is a general summary of eligibility for expungement of DUI convictions and diversions in Kansas:
Convictions for DUI for driving before July 1, 2006: You may petition for expungement five or more years after you have satisfied the sentence imposed or the terms of a diversion agreement or five or more years after you were discharged from probation, parole, conditional release, or a suspended sentence.
Convictions for DUI for driving on or after July 1, 2006: You may petition for expungement 10 or more years after you have satisfied the sentence imposed or the terms of a diversion agreement or 10 or more years after you were discharged from probation, parole, conditional release, or a suspended sentence.
Convictions for DUI for driving on or after July 1, 2014: You may petition for expungement 7 or more years after you have satisfied the sentence imposed or the terms of a diversion agreement or 10 or more years after you were discharged from probation, parole, conditional release, or a suspended sentence.
If you believe that you are eligible for expungement, contact our DUI attorneys and schedule an appointment. When you meet with our DUI lawyers to discuss expungement, please have the following information available: When you were arrested and convicted, when you successfully completed your sentence (or diversion), the case number and jurisdiction. If you cannot find all of this information, our DUI lawyers may be able to help you find it.