HB 2085 Retroactively Amends Waiting Period for DUI Expungement

Published: 28 July 2017

Kansas law permits expungement of certain convictions, adjudications, arrest records, and diversion agreements. Once an eligible offense is expunged, a person must be treated as if he has never been arrested for, convicted of, or diverted from the expunged crime. Though the expunged offense will still be considered when determining criminal history in any subsequent criminal prosecution, the person’s record will be sealed from public view for most other purposes.

The laws governing expungement of a DUI in Kansas have changed considerably over the years. For instance, in 2010, DUIs were not expungeable. In 2011, DUIs were made expungeable again, but offenders could not petition for expungement until ten years had passed from termination of the diversionary period or sentence imposed. In 2014, the waiting period was reduced to seven years. Then, in 2015, the law changed to impose a five-year waiting period for a first DUI and a ten-year waiting period for a second or subsequent DUI. Because these amendments were not retroactive, different waiting periods applied to different DUI offenders depending on the precise dates of their crimes.

This month brought more change to the law governing expungement of Kansas DUIs. HB 2085 went into effect on July 1, 2017. HB 2085 retroactively changed the expungement period for DUIs and clarified the length of time a person must wait to become eligible to expunge a DUI conviction. With the enactment of HB 2085, the waiting period is now five years for a first DUI and ten years for a second or subsequent DUI for all violations committed on or after July 1, 2006—with one exception. For DUIs committed between July 1, 2014, and June 30, 2015, a seven-year waiting period applies.

Expungement gives a person a second chance. It means that a prior criminal conviction, adjudication, or arrest will not show up on most background checks run by employers or landlords. If you or your loved one would like help with an expungement, contact the experienced defense attorneys at Joseph, Hollander & Craft. With DUI attorneys in Wichita (316-262- 939), Topeka (785-234- 3272), Lawrence (785-856- 0143), and Overland Park (913-948- 9490), we serve clients from the Oklahoma border to the Kansas City area.

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