What are the "ins" and "outs" of sex offender registration in Kansas?

No one wants to be ordered to register as a sex offender. But if you are required to, you probably have a bunch of questions and it's not exactly something you can just ask around and figure it out on your own. In that vein, many criminal defense lawyers are not that knowledgeable about the requirements as well. Below are some questions and answers that may be helpful as you figure out what to do.

Can you expunge a conviction while you are still required to register?

The simple answer is NO. Take a look as K.S.A. 21-6614. Subsection F state's the following, "(f) Notwithstanding any other law to the contrary, for any offender who is required to register as provided in the Kansas offender registration act, K.S.A. 22-4901 et seq., and amendments thereto, there shall be no expungement of any conviction or any part of the offender's criminal record while the offender is required to register as provided in the Kansas offender registration act."

The purpose of this legislation is because the Kansas Courts have had difficulty determining that if an expungement is granted that the offender can be relieved of his or her obligation to register. To avoid confusion over whether the expungement of a conviction interferes with an offenders obligation to register, the legislature just prohibited it all together.

Are there restrictions on where you can live if required to register as a sex offender in Kansas?

The simple answer is NO. The State of Kansas has no restrictions on where you can live, Kansas also prohibits counties and cities from passing more restrictive laws aimed at prohibiting sex offenders from living in their borders.

Are there restrictions on where you can work if required to register as a sex offender in Kansas?

The simple answer is NO. The State of Kansas has no restrictions on where you can work, Kansas also prohibits counties and cities from passing more restrictive laws aimed at prohibiting sex offenders from working in their borders. But just because the State of Kansas doesn't have a law prohibiting you from engaging in employment, private companies, licensure boards and even governments can choose to use your status as a registered offender not to employ you.

Do you have to tell your neighbors if you are required to register as a sex offender in Kansas?

The simple answer is NO. The State of Kansas has no requirement that makes you tell any neighbor that you are registering as a sex offender. That being said, if they seek out the information it is readily available online.

Do you have to tell your employer if you are required to register as a sex offender in Kansas?

The simple answer is NO. The State of Kansas has no requirement that makes you tell any employer that you are registering as a sex offender. That being said, if they seek out the information it is readily available online.

How often do you have to register as a sex offender in Kansas?

The simple answer is every 90 days in the county you work and the county you live in. You can also have to regiser when you are vacation in Kansas and when you leave Kansas.

Where do you have to register as a sex offender in Kansas?

It is usually at the Sheriff's office.

What if you move to Kansas while you are required to register in another State?

You have to register in Kansas as well.

What happens if you fail to register when you are required to register as a sex offender in Kansas?

You get charged with a new felony case. Here is the law on failure to register.

22-4903. Violation of act; aggravated violation; penalties; new and separate offense; prosecution, venue. (a) Violation of the Kansas offender registration act is the failure by an offender, as defined in K.S.A. 22-4902, and amendments thereto, to comply with any and all provisions of such act, including any and all duties set forth in K.S.A. 22-4905 through 22-4907, and amendments thereto. Any violation of the Kansas offender registration act which continues for more than 30 consecutive days shall, upon the 31st consecutive day, constitute a new and separate offense, and shall continue to constitute a new and separate offense every 30 days thereafter for as long as the violation continues.

(b) Aggravated violation of the Kansas offender registration act is violation of the Kansas offender registration act which continues for more than 180 consecutive days. Any aggravated violation of the Kansas offender registration act which continues for more than 180 consecutive days shall, upon the 181st consecutive day, constitute a new and separate offense, and shall continue to constitute a new and separate violation of the Kansas offender registration act every 30 days thereafter, or a new and separate aggravated violation of the Kansas offender registration act every 180 days thereafter, for as long as the violation continues.

(c) (1) Except as provided in subsection (c)(3), violation of the Kansas offender registration act is:

(A) Upon a first conviction, a severity level 6 felony;

(B) upon a second conviction, a severity level 5 felony; and

(C) upon a third or subsequent conviction, a severity level 3 felony.

Such violation shall be designated as a person or nonperson crime in accordance with the designation assigned to the underlying crime for which the offender is required to be registered under the Kansas offender registration act. If the offender is required to be registered under both a person and nonperson underlying crime, the violation shall be designated as a person crime.

(2) Except as provided in subsection (c)(3), aggravated violation of the Kansas offender registration act is a severity level 3 felony.

Such violation shall be designated as a person or nonperson crime in accordance with the designation assigned to the underlying crime for which the offender is required to be registered under the Kansas offender registration act. If the offender is required to be registered under both a person and nonperson underlying crime, the violation shall be designated as a person crime.

(3) Violation of the Kansas offender registration act or aggravated violation of the Kansas offender registration act consisting only of failing to remit payment to the sheriff's office as required in K.S.A. 22-4905(l), and amendments thereto, is:

(A) Except as provided in subsection (c)(3)(B), a class A misdemeanor if, within 15 days of registration, full payment is not remitted to the sheriff's office;

(B) a severity level 9 felony if, within 15 days of the most recent registration, two or more full payments have not been remitted to the sheriff's office.

Such violation shall be designated as a person or nonperson crime in accordance with the designation assigned to the underlying crime for which the offender is required to be registered under the Kansas offender registration act. If the offender is required to be registered under both a person and nonperson underlying crime, the violation shall be designated as a person crime.

(d) Prosecution of violations of this section may be held:

(1) In any county in which the offender resides;

(2) in any county in which the offender is required to be registered under the Kansas offender registration act;

(3) in any county in which the offender is located during which time the offender is not in compliance with the Kansas offender registration act; or

(4) in the county in which any conviction or adjudication occurred for which the offender is required to be registered under the Kansas offender registration act.

If you are otherwise required to register, do you have to register if you vacation in Kansas?

Depends on how long you intend to stay.

What is the actual law on Kansas Sex offender Registration?

Is there a cost associated with registering as a sex offender in Kansas?

Is there a database that people can search to find out about individuals who are registered sex offenders?