Overland Park, Kansas Expungement Lawyers

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Kansas state law allows for expungement of many criminal records. You may be eligible to expunge records related to a conviction or a diversion after a waiting period has passed. In addition, in cases involving wrongful arrest, mistaken identity, or a not guilty verdict, expungement is available without delay. At Joseph, Hollander & Craft, our Overland Park, Kansas, expungement lawyers are available to help ensure that you do not miss out on valuable opportunities due to your past.

What Is Expungement?

In Kansas, an order of expungement results in a criminal record being sealed from public access. The records will not be destroyed, but they cannot be disclosed to anyone other than law enforcement and court personnel. Most often, people seek expungement to allow them to pass background checks run by employers or landlords.

Kansas statute directs that a person whose record of arrest, diversion, or conviction has been expunged “shall be treated as not having been arrested, convicted or diverted of the crime” with a few exceptions:

1. If that person is convicted of a subsequent crime, an expunged conviction may be considered as a prior conviction in determining the sentence to be imposed;
2. If that person is charged with an offense that requires as an element of such offense a prior conviction of the type expunged, an expunged conviction may be disclosed in that subsequent prosecution;
3. That person will be required to disclose the arrest, conviction, or diversion if asked about it under certain circumstances specified by statute (e.g., in an application to practice law in the state of Kansas and in an application for a Kansas Commercial Driver’s License);
4. That person will be required to disclose the arrest, conviction, or diversion under any circumstances specified by the judge who issues the expungement order; and
5. Any previously expunged record will be reinstated upon a person’s commitment to the Kansas Department of Corrections.

Expungement vs. Pardon

A pardon formally releases a person who has been convicted of a criminal offense from the legal consequences of the offense and absolves them of guilt for their conduct. Pardons may afford a full restoration of civil rights.

While an expungement seals a criminal record from public access, a pardon does not. The record of a conviction that has been pardoned will still be visible.

Expungements are fairly routine and regularly granted to individuals who meet the statutory criteria. Pardons, by contrast, are extremely rare. It is an act of clemency that is entirely discretionary. Only the Kansas governor can grant a pardon for a Kansas conviction.

When Can an Arrest Record Be Expunged in Kansas?

A Kansas arrest record may be eligible for expungement under the following scenarios:

• Your arrest was the result of mistaken identity
• A court finds there was no probable cause for your arrest
• You have been found not guilty at trial
• Charges against you were dismissed
• A prosecutor has notified you or your attorney that no charges will be filed
• No charges have been filed and a significant time has passed since your arrest

In addition, when you expunge a Kansas diversion or conviction, related arrest records will be expunged.

Which Convictions Can Be Expunged in Kansas?

Many Kansas convictions are eligible for expungement. Most traffic infractions and misdemeanors can be expunged, and many felony offenses, including drug felonies, can be expunged. Kansas statute currently prohibits expungement of the following offenses:

• rape
• indecent liberties with a child or aggravated indecent liberties with a child
• criminal sodomy
• aggravated criminal sodomy
• indecent solicitation of a child or aggravated indecent solicitation of a child
• sexual exploitation of a child
• internet trading in child pornography or aggravated internet trading in child pornography
• aggravated incest
• endangering a child or aggravated endangering a child
• abuse of a child
• capital murder
• murder in the first degree
• murder in the second degree
• voluntary manslaughter
• involuntary manslaughter
• sexual battery
• aggravated sexual battery
• driving a commercial vehicle under the influence

In addition, Kansas statute prohibits expungement for any offender who is required to register pursuant to the Kansas offender registration act.

However, anyone required to register as a drug offender in Kansas may file a combined petition for expungement and petition for relief from registration requirements if the offender has registered for a period of at least five years after the date of parole, discharge or release, whichever date is most recent, or, if not confined, five years from the date of conviction or adjudication. Individuals required to register as sex offenders or violent offenders are not eligible for early termination of registration requirements under Kansas law.

How Long Before I Am Eligible for Expungement in Kansas?

The waiting period for the expungement eligibility varies based on the specifics of the conviction. The waiting periods that apply are:

• 3 years from completion of a sentence or diversion for a misdemeanor or lower-level felony conviction;
• 5 years from completion of a sentence or diversion for a higher-level felony conviction;
• 5 since from completion of a sentence or diversion for a first-offense DUI.
• 7-10 years since completing a sentence or diversion for a second-time or subsequent DUI.

Why You Want to Work with an Overland Park, Kansas Expungement Attorney

At Joseph, Hollander & Craft our Overland Park criminal defense lawyers are attuned to the needs of our clients. Our expungement lawyers in Kansas are able to guide your case past the issues that may jeopardize your expungement in order to restore your privacy and fullest civil rights under the law.

Frequently Asked Questions About Expungement

The following are some questions that the expungement attorneys at Joseph, Hollander & Craft hear regularly. Contact us if you do not see your question here, or if your case requires personalized attention.

Who’s a good candidate to expunge an arrest or criminal record?

It is a misconception that only minor infractions or white collar crimes can be expunged. Many felonies can be expunged, although victims may have the opportunity to object to the expungement of certain felonies against persons. A good candidate for expungement will have a significant period of time with a clean record and be able to show a demonstrated effort to reform. This may be evidenced by gainful employment, successful participation in rehabilitative treatment, or other positive changes implemented since the offense.

How long does the expungement process take in Kansas?

The expungement process can take anywhere from 30 to 120 days depending on the jurisdiction, the circumstances of the case, whether the prosecution agrees, and whether an evidentiary hearing is required. Joseph, Hollander & Craft’s expungement lawyers can explain what to expect based on their experience practicing in jurisdictions throughout Kansas.

How much does an expungement cost in Kansas?

There is a $195 Kansas expungement filing fee for each expungement petition filed in a Kansas district court. Filing fees also apply in many municipal courts, but the amounts vary. To obtain a quote for legal fees for a an expungement attorney’s assistance with your petition, contact us today.

Do You Have an Expungement Attorney Near Me?

Joseph, Hollander & Craft’s Overland Park Office is located at 10104 W 105th St., at the corner of Mastin Street. We have additional offices in Lawrence, Topeka, and Wichita, Kansas, and an office in Kansas City, MO, for your convenience. We proudly serve clients in and around Leawood, Lenexa, Merriam, Mission, DeSoto, Spring Hill, or Gardner-Edgerton.

Contact Our Expungement Lawyers in Overland Park, Kansas for Help

The purpose of expungement is to offer a clean slate. Expungement can help restore the full scope of opportunities, housing, employment, and recreation available to you. For help with your expungement, contact the Overland Park, Kansas expungement attorneys at Joseph, Hollander & Craft today.