Overview Description

Records relating to a second or subsequent conviction of driving under the influence or refusal to submit to an alcohol or drug test can be expunged by the court 10 years after discharge or sentence completion. K.S.A. § 21-6614(d)(2).

Ineligible Category or Citation

Applies only to second or subsequent violations of offenses specified in section 21-6614(d)(2).

Procedure General

The petition must be filed in the convicting court, and include the information specified in section 21-6614(g)(1). For the full 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 10 years after discharge or sentence completion.

 

(non-prod server)