If you are seeking a Kansas expungement please review the expungement overview below. Check back often or Sign Up for an email alert when the Kansas Expungement Kit is ready.
Requirement(s) to qualify for an expungement in the state:
In juvenile offender cases, a person who has reached 23 years of age or two years have elapsed since the final discharge of the person and has not been convicted of a felony or of a misdemeanor other than a traffic offense or a juvenile offender and no proceedings are pending.
A person arrested for a violation of a city ordinance if three or more years have elapsed since the person:
(A) satisfied the sentence imposed; or
(B) was discharged from probation, parole or a suspended sentence.
A person may not petition for expungement until five or more years have elapsed since the person satisfied the sentence imposed or the terms of a diversion agreement or was discharged from probation, parole, conditional release or a suspended sentence, if such person was convicted of the violation of a city ordinance which would also constitute certain crimes under state statutes such as perjury and vehicular homicide.
- A person arrested on a criminal charge when there was no probable cause for the arrest; the petitioner was found not guilty in court proceedings; or the expungement would be in the best interests of justice and
(A) Charges have been dismissed; or
(B) no charges have been or are likely to be filed
- Any person convicted of a traffic infraction, cigarette or tobacco infraction, misdemeanor or a class D or E felony, or for crimes committed on or after July 1, 1993, nondrug crimes ranked in severity levels 6 through 10 or any felony ranked in severity level 4 of the drug grid 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.
Also, any person who has fulfilled the terms of a diversion agreement if three or more years have elapsed since the terms of the diversion agreement were fulfilled.
A person may not petition for expungement until five or more years have elapsed since the person satisfied the sentence imposed, the terms of a diversion agreement or was discharged from probation, a community correctional services program, parole, post release supervision, conditional release or a suspended sentence, if that person was convicted of a class A, B or C felony, or for crimes committed on or after July 1, 1993, if convicted of an off-grid felony or any nondrug crime ranked in severity levels 1 through 5 or any felony ranked in severity levels 1 through 3 of the drug grid, or for certain other enumerated offenses.
Additional restrictions on who can qualify for an expungement
Arrest records may be expunged if: the arrest occurred because of mistaken identity; a lack of probable cause was found; the individual was found not guilty; or expungement would serve the best interests of justice because the charges have been dismissed or no charges have been or are likely to be filed.
In juvenile offense cases, records may be expunged upon petition to a judge of the court of the county in which the records or files are maintained. The petition for expungement may be made by the person who is the juvenile offender or, if the person is a juvenile, by the person's parent or next friend.
A person arrested for violating a municipal ordinance may petition the convicting court for expungement of the conviction and related arrest records
What does it mean if you have a record expunged or sealed? Does anyone have access to the sealed/expunged records? Are they destroyed
The process of legally destroying, obliterating or striking out records or information in files, computers and other depositories relating to criminal charge is expungement laws.
KANSAS LAW provides for the expungement of some criminal, juvenile and traffic arrests, diversions and convictions.
The effect of an expungement is that one's criminal record of arrest and/or conviction is erased and legally deemed not to have occurred. The individual may deny the existence of the arrest. An expungement of your record seals the record and allows you to be treated as if the arrest, diversion or conviction never occurred, with limited exceptions including use at sentencing of a subsequent criminal conviction. In addition, you do not need to disclose expunged arrests, diversions or convictions when applying for employment, seeking a loan, or applying for admission to a school, with limited exceptions.
The records cannot be accessed for general law enforcement or civil use. Expunged juvenile records may be maintained as long as they don't contain identifying information. An expunged record may not be considered in employment matters, certification, licensing, revocation of certification or licensure, or registration, except for employment with detective and private security firms, state social services agencies, gambling-related entities, commercial driving license applications, and admission to state Bar, and other situations ordered by the court. Expunged records may still be used as a prior conviction when applicable in subsequent sentencing.
Are you eligible for a Kansas Expungement? Most crimes can be expunged. For a description of the crimes that cannot be expunged, click here .
Be sure to check the site often
as we are in the process of adding the Expungement
Kit for the State of Kansas soon.