What Is The Law On Getting Convictions And Diversions Expunged In Kansas?
KS 21-6614 is a Kansas statute that discusses the expungement of certain convictions, arrest records and diversion agreements.
According to the statute, any person convicted in Kansas of a traffic infraction, cigarette or tobacco infraction, misdemeanor, or less serious felony may petition the court asking for the expungement of such conviction or related arrest records if three or more years have elapsed since the person: (a) satisfied the sentence imposed; or (b) was discharged from probation, a community correctional services program, parole, post release supervision, conditional release or a suspended sentence. Additionally, a person who has fulfilled the terms of a diversion agreement may petition the district court for the expungement of such diversion agreement and related arrest records if three or more years have elapsed since the terms of the diversion were fulfilled.
Any person convicted of prostitution or who entered into a diversion agreement as a result of being arrested for prostitution may petition the court for expungement of such conviction or diversion agreement if one or more years have elapsed since the person satisfied the sentence or if the person was discharged. Also, the person must prove they were acting because of the threats of another.
If the person was convicted of a more serious felony, he or she may not petition for expungement until five or more years have elapsed since the person satisfied the sentence imposed or was discharged. Some of these more serious felonies include: vehicular homicide, perjury, or any crime punishable as a felony where in a motor vehicle was used in the performance of such crime.
If the person was convicted of a first violation of driving under the influence, he or she may not petition for expungement until five or more years have elapsed since the person satisfied the sentence imposed or was discharged. If the person was convicted of a second or subsequent violation of driving under the influence, the person cannot petition for expungement until 10 or more years have elapsed since the person satisfied the sentence imposed or was discharged.
Expungement is not available for certain offenses if the person was convicted of the offense or convicted of attempting the offense. Some of these offenses include: rape, indecent liberties with a child, sexual exploitation of a child, endangering a child, capital murder, or involuntary manslaughter. Furthermore, as long as a person is required to register in the Kansas Offender Registration Act, a court cannot expunge any conviction or any part of the person’s criminal record until the person is no longer required to register.
When a petition for expungement is filed, the court sets a date for a hearing of the petition. A petition for an expungement must include the petitioner’s: (1) full name; (1) full name at the time of arrest, conviction or diversion, if different than the petitioner’s current name; (3) sex, race and date of birth; (4) crime for which the petitioner was arrested, convicted or diverted; (5) date of the arrest, conviction or diversion; and (6) identity of the convicting court, arresting law enforcement authority or diverting authority. Additionally, a fee of $176 is required and the Supreme Court may impose an additional charge, not to exceed $19 per case. Furthermore, any person who may have relevant information about the petitioner may testify at the expungement hearing. At the hearing, the court shall order the petitioner’s arrest record, conviction, or diversion expunged if the court finds that: (1) the petitioner has not been convicted of a felony in the past two years and no proceeding involving any such crime is present pending or being instituted against the petitioner; (2) the circumstances and behavior of the petitioner warrant the expungement; and (3) the expungement is consistent with the public welfare. If the court orders an arrest record, conviction, or diversion expunged, the petitioner should be treated as not having been arrested, convicted, or diverted.
There are certain situations where an expunged record, conviction, or diversion is treated as if the person had been arrested, convicted, or diverted. For example, if the person is convicted of a later crime, the conviction that was expunged may be considered as a prior conviction in determining the sentence imposed. Also, the person may have to reveal the expunged conviction if he or she is applying for a license as a private detective.
A person shall be informed of his or her ability to expunge whenever he or she is convicted of a crime or enters into a diversion agreement. If a person does get his or her arrest record, conviction or diversion expunged, the person does not have to disclose these in any application for employment, license, or any appearance as a witness.
There are only certain instances where an expunged arrest record, conviction, or diversion should be revealed and these include the person who was expunged asking for the arrest record or the court asking for the arrest record.
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