Overview Description

A record or file relating to certain adjudications can be expunged. K.S.A. 38-2312.

Ineligible Category or Citation

Certain serious offenses are ineligible for expungement. K.S.A. 38-2312(b). Petitioner cannot be required to register as a sex offender. K.S.A. 38-2312(c). Petitioner cannot have any pending charges or subsequent convictions or adjudications (other than traffic). K.S.A. 38-2312(e)(1)(B).

Procedure General

Application for expungement must be filed with the court where the adjudication took place. For the specific procedure, see K.S.A. 38-2312.

Fees

There is a $195 fee for the expungement application. K.S.A. 38-2312(d).

Effect

The offense is treated as if it never occurred, except that it may be considered in determining the sentence in any subsequent conviction. K.S.A. 38-2312(f).

The expungement order will be sent to the Kansas Bureau of Investigation, which will notify every juvenile or criminal justice agency which may possess records or files ordered to be expunged. K.S.A. 38-2312(g). For the list of the people or entities to which the records custodian can disclose the existence of expunged records or files, see K.S.A. 38-2312(k).

Forms

For the petition to expunge records in Kansas, visit here.

Waiting Periods

The petition can be filed when the petitioner reaches 23 years of age or two years after final discharge. K.S.A. 38-2312(e)(1)(A)(i).

 

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