What Is The Law On Getting Arrest Records Expunged In Kansas?
KS 22-2410 is a Kansas statute that discusses the expungement of arrest records. According to the statute, any person who has been arrested in the state of Kansas may petition (thereby, becoming a petitioner) the district court for the expungement of such arrest record. Additionally, if a person has been arrested in Kansas as a result of mistaken identity (wrongful arrest of a person for a crime as a result of misidentification by a witness or law enforcement agent) or as a result of another person using the identifying information of the named person, and the charge against the named person is dismissed or not prosecuted, the court should order the arrest record of the person expunged.
When a petition for expungement is filed, the court sets a date for a hearing to determine whether the arrest record of the petitioner should be expunged or not. During the hearing, any person who may have relevant information about the petitioner (including the prosecuting attorney and arresting officer) may testify at the hearing. Furthermore, a petitioner must pay a one time fee of $176.
A petition for expungement must include: (1) The petitioner’s full name; (2) the full name of the petitioner at the time of arrest, if different than the petitioner’s current name; (3) the petitioner’s sex, race, and date of birth; (4) the crime for which the petitioner was arrested; (5) the date of the petitioner’s arrest; and (6) the identity of the arresting law enforcement agency.
At the hearing of the petitioner, a court should order the arrest record expunged upon finding: (1) The arrest occurred because of mistaken identity; (2) a court has found that there was no probable cause for the arrest; (3) the petitioner was found not guilty in court proceedings; or (4) the expungement would be in the best interests of justice and charges have been dismissed or no charges have been or are likely to be filed.
When the court has ordered expungement of an arrest record, the order should direct the Kansas Bureau of Investigation to remove the arrest information from any databases that might keep track of the arrest record. Additionally, the Kansas Bureau of Investigation is ordered to notify the FBI, the security of corrections and any other criminal justice agency that may have record of the arrest. In short, if an order of expungement is entered, the person should be treated as not having been arrested.
If an arrest record is expunged because it is in the best interest of justice, there are certain situations where a court may make such arrest records available if it is in the interest of public welfare. Some of these situations include: in any application for employment as a detective with a private detective agency, in any application for admission to the practice of law, and in any application for a commercial driver’s license.
Additionally, a court can make all expunged records and related information available to the Kansas Bureau of Investigation for the purposes of: (1) completing a person’s criminal history record information; or (2) providing information to the FBI, in connection with the national instant criminal background check system, to determine a person’s qualification to possess a firearm.
Furthermore, if a person’s arrest record has been expunged, they may state that they have never been arrested in any application for employment, license, or any appearance as a witness.
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