Overview Description

Records relating to a first violation of driving under the influence or refusing to submit to a drug or alcohol test can be expunged by the court five years after discharge or sentence completion. K.S.A. § 21-6614(d)(1).

Ineligible Category or Citation

This provision applies only to first violations of offenses specified in section 21-6614(d)(1).

Procedure General

The petition must be filed in the convicting court, and include the information specified in section 21-6614(g)(1). For the specific procedure, see K.S.A. § 21-6614.

Fees

The petition must be accompanied by a $176 docket fee. K.S.A. § 21-6614(g)(2).

Effect

The person is treated as if they were never arrested or convicted and can say so, except when asked in the circumstances specified in section 21-6614(i)(2). K.S.A. §§ 21-6614(i), (k).

The records custodian will not disclose their existence, unless for the purposes specified in K.S.A. § 21-6614(l).

Forms

For an application to expunge records in Kansas, visit here.

Waiting Periods

The petition can be filed five years after discharge or sentence completion.

(non-prod server)