Thursday, October 20, 2011

Criminal Expungement in Kansas. What can I get expunged?

If you have been convicted of a crime in Kansas and the criminal record is holding you back it might be time to think about an expungement .  Here is the how expungement works. *Note the law has recently changed to allow for expungement of DUI convictions!

Remember, the clock starts running on an expungment after you get off probation NOT after you get convicted.

Are you eligible for an expungement in Kansas ?

Crimes that can be expunged in Kansas after a period of 3 years have elapsed

Any person convicted in Kansas of a the following crimes may petition the Court for the expungement of such conviction or related arrest records if three or more years have elapsed since the person, (1) Satisfied the sentence imposed or (2) was discharged from probation, a community correctional services program, parole, post- release supervision, conditional release or a suspended sentence.
(1) A Traffic infraction committed on or after July 1, 1993

(2) A Cigarette or Tobacco infraction committed on or after July 1, 1993
(3) A Misdemeanor committed on or after July 1, 1993.
(4) A Class D Felony committed on or after July 1, 1993.
(5) A Class E felony committed on or after July 1, 1993.
(6) A non drug crime ranked in severity levels 6-10 committed on or after July 1, 1993.
(7) A felony ranked in severity level 4 on the drug grid committed on or after July 1, 1993.

 

Crimes that can be expunged in Kansas after a period of 5 or more years have elapsed.

Any person convicted in  Kansas of a the following crimes may petition the convicting Court for the expungement of such conviction or related arrest records if five or more years have elapsed since the person, (1) Satisfied the sentence imposed or (2) was discharged from probation, a community correctional services program, parole, post- release supervision, conditional release or a suspended sentence.
(1) A Class A Felony committed on or after July 1, 1993.

(2) A Class B Felony committed on or after July 1, 1993.
(3) A Class C Felony committed on or after July 1, 1993.
(4) An off-grid Felony committed on or after July 1, 1993.
(5) Any non drug crime ranked in severity levels 1-5 committed on or after July 1, 1993.
(6) Any felony ranked in severity level 1-3 off the drug grid committed on or after July 1, 1993.
(7) Vehicular homicide in violation of (K.S.A.21-3405) committed on or after July 1, 1993.
(8) Driving on a suspended license in violation of (K.S.A. 8-262) committed on or after July 1, 1993.
(9) Making False Affidavit Perjury in violation of (K.S.A. 8-261A) committed on or after July 1, 1993.
(10) Violating the provisions of the fifth clause of (K.S.A. 8-142) to use false or fictitious name or address.
(11) Any crime punishable as a felony wherein a motor vehicle was used in the course of the crime.
(12) Failing to stop at the scene of an accident and perform duties required by (K.S.A. 8-1602)

(13) Violation of (K.S.A. 8-1603)

(14) Violation of (K.S.A. 8-1604)

(15) Violation of (K.S.A. 40-3104) (Failure to have vehicle insurance)
(16) Violation of (K.S.A. 21-2405b) (Vehicular Battery)

 

Crimes that can NOT be expunged in Kansas.

(1) Rape in Violation of (K.S.A. 21-3503)
(2) Indecent Liberties with a Child (K.S.A 21-3503)

(3) Aggravated Indecent Liberties with a Child (K.S.A 21-3504)

(4) Criminal Sodomy (K.S.A 21-3505(a)(2) or (a)(3))

(5) Aggravated Criminal Sodomy (K.S.A. 21-3510)

(6) Indecent Solicitation of a Child (K.S.A. 23-3516)

(7) Aggravated Indecent Solicitation of a Child (K.S.A. 21-3511)

(8) Sexual Exploitation of a Child (K.S.A.21-3516)

(9) Aggravated Incest (K.S.A. 21-3603)

(10) Endangering a Child K.S.A. 21-3609)

(11) Aggravated Endangering a Child (K.S.A. 21-3608(a))

(12) Abuse of a Child (K.S.A. 21-3609)

(13) Capital Murder (K.S.A. 21-3439)

(14) Murder First Degree (K.S.A. 21-3403)

(15) Murder Second Degree (K.S.A. 21-3402)

(16) Voluntary Manslaughter (K.S.A. 21-3403)

(17) Involuntary Manslaughter (K.S.A. 21-3404)

(18) Involuntary Manslaughter with DUI (K.S.A. 21-3442)

(19) Sexual Battery (K.S.A. 21-3517)

(20) Aggravated Sexual Battery (K.S.A. 21-3518)

(21) Any crime that occurred before July 1, 1993.

7 comments:

  1. Do you need to file a separate petition for each conviction if there have been multiple convictions, or can they be filed in separate petitions?

    ReplyDelete
    Replies
    1. sorry, meant to say: or can they be included in a single petition?

      Delete
  2. Replies
    1. so multiple counts for the same case can be in the same petition, which is good. so different case numbers need separate petitions, i assume, since they are different cases?

      Delete
    2. Call with any questions.
      913-732-3014

      Delete
  3. Can a ks felony dui be expunged? Have 3 dui's . Last happened close to 10 years ago.

    ReplyDelete
  4. Harley: Felony DUI can be expunged. Call my office for details. 913-451-9500

    ReplyDelete