Kansas

Adult criminal records for cases in which you were convicted are eligible for expungement in some situations. You have to file a petition in court to start the process, and it is up to the judge whether or not to grant your petition.  

• If you were convicted of certain infractions, misdemeanors, or Class D or E felonies, the record can be expunged three years after you complete your sentence or the court discharges you.

 

• If you were convicted of or entered a diversion agreement for prostitution, and you can prove that another person was coercing you, the record can be expunged one year after you complete your sentence or the court discharges you.

 

• If you were convicted of certain felonies, the record can be expunged five years after you complete your sentence or the court discharges you.

 

• If you were convicted for the first time of driving under the influence or refusing to submit to a drug or alcohol test, the record can be expunged five years after you complete your sentence or the court discharges you.

 

• If you were convicted for the second time of driving under the influence or refusing to submit to a drug or alcohol test, the record can be expunged 10 years after you complete your sentence or the court discharges you.

With certain exceptions, if you successfully completed a diversion agreement, the record can be expunged three years after you complete the terms of your agreement. You have to file a petition in court to start the process, and it is up to the judge whether or not to grant your petition.

Adult criminal records for arrests for which you were never convicted are eligible for expungement. You have to file a petition in court to start the process.  

• If you were arrested without probable cause or because of mistaken identity, the record can be expunged immediately. If you meet the criteria, the judge has to grant your petition.

 

• If you were arrested but the charges were dismissed, the record can be expunged immediately. It is up to the judge whether or not to grant your petition.

 

• If you were arrested and charged but found not guilty, the record can be expunged immediately. If you meet the criteria, the judge has to grant your petition.

Below is a general overview of when juvenile records can be expunged in Kansas. Please note that the Clean Slate Clearinghouse does not provide legal advice. Read the legal policies and statutes for detailed statutory information. Juvenile Record Clearance Policies Overview

• Most juvenile records can be expunged two years after your case, probation, or placement ends. You have to submit a request to the court to start the process, and it is up to the judge whether or not to grant your request.

 

• You may be able to get your record expunged earlier if your record is for certain prostitution-related offenses or for another offense that happened because you were a victim of human trafficking. You have to submit a request to the court to start the process, and it is up to the judge whether or not to grant your request.

  You may not be eligible for expungement if you have certain convictions or adjudications on your record, have a pending criminal or juvenile case, or must register as a sex offender.   Find a Lawyer If you think you might be eligible to have your record expunged, find a lawyer who may be able to help you. Some lawyers might help you for free, although you may still need to pay a fee to file the paperwork in court.   Court Forms and Resources If you cannot find a lawyer to help you, you may be able to file a petition on your own using these court forms and resources.