WHAT TYPES OF RECORDS CAN OR CANNOT BE EXPUNGED?
Most common crimes can be expunged. Some more serious crimes can’t be expunged for example, rape, indecent liberties with a child, aggravated indecent liberties, criminal sodomy, aggravated criminal sodomy, murder and sexual battery. Basically, anything to do with sex, children or death is going to be harder to get expunged if you can expunge the record at all.
Can Certain Convictions Automatically Expunge Themselves Over A Period Of Time? The simple answer is no. People get confused between their driving record and their criminal record. It is a common misconception that convictions fall off your record. Most people have experience with traffic violations and they are told by their insurance carrier that the convictions, “fall off their record” after a certain amount of time. In reality the convictions never fall of your record the insurance carrier just stops considering them after a certain time. This “advice” has somehow bled over to criminal cases and it is 100% inaccurate. As far as criminal convictions they never come off your record, including juvenile convictions. The only way you can get them off your record is to file for an expungement.
Are Certain Convictions Easier Than Others To Get Expunged? Obviously, lower level offenses are going to be easier to expunge because they have less of a negative stigma associated with them. For example, marijuana possession is going to be a lot easier to expunge than an aggravated robbery case because it has a lower level of culpability. Kansas basically breaks down four crimes into four different groups for expungements.
Crimes that can never be expunged.
(1) Rape in Violation of (K.S.A. 21-3503)
(2) Indecent Liberties with a Child (K.S.A 21-3503)
(3) Aggravated Indecent Liberties with a Child (K.S.A 21-3504)
(4) Criminal Sodomy (K.S.A 21-3505(a)(2) or (a)(3))
(5) Aggravated Criminal Sodomy (K.S.A. 21-3510)
(6) Indecent Solicitation of a Child (K.S.A. 23-3516)
(7) Aggravated Indecent Solicitation of a Child (K.S.A. 21-3511)
(8) Sexual Exploitation of a Child (K.S.A.21-3516)
(9) Aggravated Incest (K.S.A. 21-3603)
(10) Endangering a Child K.S.A. 21-3609)(
11) Aggravated Endangering a Child (K.S.A. 21-3608(a))
(12) Abuse of a Child (K.S.A. 21-3609)
(13) Capital Murder (K.S.A. 21-3439)
(14) Murder First Degree (K.S.A. 21-3403)
(15) Murder Second Degree (K.S.A. 21-3402)
(16) Voluntary Manslaughter (K.S.A. 21-3403)
(17) Involuntary Manslaughter (K.S.A. 21-3404)
(18) Involuntary Manslaughter with DUI (K.S.A. 21-3442)
(19) Sexual Battery (K.S.A. 21-3517)
(20) Aggravated Sexual Battery (K.S.A. 21-3518)
(21) Driving a Commercial Vehicle under the influence (K.S.A.8-2144)
Crimes that you must wait 10 years to expunge. This is specifically for DUI offenses, in which the offender has a prior DUI offense.
Crimes that you must wait 5 years to expunge
(1) A Class A Felony committed on or after July 1, 1993.
(2) A Class B Felony committed on or after July 1, 1993.
(3) A Class C Felony committed on or after July 1, 1993.
(4) An off-grid Felony committed on or after July 1, 1993.
(5) Any non drug crime ranked in severity levels 1-5 committed on or after July 1, 1993.
(6) Any felony ranked in severity level 1-3 off the drug grid committed on or after July 1, 1993.
(7) Vehicular homicide in violation of (K.S.A.21-3405) committed on or after July 1, 1993.
(8) Driving while suspended in violation of (K.S.A. 8-262) committed on or after July 1, 1993.
(9) Making False Affidavit Perjury in violation of (K.S.A. 8-261A) committed on or after July 1, 1993.
(10) Violating the provisions of the fifth clause of (K.S.A. 8-142) to use false or fictitious name or address.
(11) Any crime punishable as a felony wherein a motor vehicle was used in the course of the crime.
(12) Failing to stop at the scene of an accident and perform duties required by (K.S.A. 8-1602)(
13) Violation of (K.S.A. 8-1603)
(14) Violation of (K.S.A. 8-1604)
(15) Violation of (K.S.A. 40-3104) (Failure to have vehicle insurance)
(16) Violation of (K.S.A. 21-2405b) (Vehicular Battery)
Crimes that you must wait 3 years to expunge.
(1) A Traffic infraction committed on or after July 1, 1993
(2) A Cigarette or Tobacco infraction committed on or after July 1, 1993
(3) A Misdemeanor committed on or after July 1, 1993.
(4) A Class D Felony committed on or after July 1, 1993.
(5) A Class E felony committed on or after July 1, 1993.
(6) A non drug crime ranked in severity levels 6-10 committed on or after July 1, 1993.
(7) A felony ranked in severity level 4 on the drug grid committed on or after July 1, 1993.
How Does A Criminal Record Impact An Expungement Motion? If you’ve been convicted of a felony in the last two years, you can’t apply for an expungement. Your current or more recent criminal activities will be a straight bar if it’s a felony within the last two years. Other than that, a lot of times, you can still work around a subsequent criminal offense. If it’s something completely unrelated, such as if you’re trying to expunge an old felony theft case and two years ago, you were busted for marijuana possession, the judge may let you expunge the felony off your record. The judge’s response may be, “You can deal with expunging the newer offense down the road.” But obviously, it doesn’t take a rocket scientist to figure out that if you have alot of recent criminal history and you’re trying to clear up old criminal history, the judge is not going to look favorably on recent criminal activity.
What Are The Common Misconceptions About The Expungement Process? People think that if they get an expungement, their gun rights will get restored immediately; people think that if they get an expungement that will somehow clear up or make their criminal history score lower if they have a current case. People think that an expungement happens quickly: that you can just pay a lawyer, and in a few days or even a week or two you get an expungement processed. There are quite a few different things that people have problems with or don’t understand right from the get-go.