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.

How can I beat a Speeding Ticket? How do I fight a speeding ticket?

You were driving in Kansas and you got pulled over.  The officer said you were speeding and writes you a ticket.  Now you have to go to court and deal with it.  But you don't feel you were speeding .  

I get called everyday with people telling me...

I had my car on cruise and I'm sure I wasn't speeding . 
I got pulled over in a different speed zone than the cop radared  me in. 
I asked to see the radar and the cop didn't show me. 
My speedometer is off.
I know I wasn't speeding .
I was getting passed by other cars.
Someone was tailgating me so I had to speed up.
The officer had to have clocked the person that passed me.
The officer made a mistake on the ticket .
etc...

The next logical conclusion is that for one of these reasons you want to fight the ticket .

So here is what you do...

1. Go to court on your court date.  (This is usually your first appearance)

2. Check in with the Balif and make sure that you are there on the correct date.

3. If you are there on the correct date.  Sit down in the courtroom.

4. Wait until its your turn to enter a plea.

5. You want to plea not guilty .

6. The court will give you a trial date.

7. Between the time of your first appearance and your trial date you need to request discovery.

8. Requesting discovery is different in every jurisdiction. 

• Sometimes you get it from the Prosecutor.  Sometimes you get it from the police.  You will have to   submit a request in writing for anything you want to use at trial and pay a fee for the production of the discovery.
• Things you might want to request, Officers training records on the equipment used to determine your speed, calibration records for the device used to calculate your speed, copy of the ticket, etc.

9. Once you have the discovery you need to look it over and prepare for trial.

10. Go to court on your trial date and convince the judge to side with you by presenting evidence and questioning the officer.

These are just an outline of possible steps you could take to fight your speeding ticket .  Remember, this involves quite a bit of work and attending court a minimum of two times if everything goes as smoothly as possible.  Keep in mind that the prosecutor has to prove that you were speeding , but that is not to terribly difficult if the officer attends court and swears that he used a mechanical device to determine that you were speeding . 

Each case is different but in the majority of cases fighting a speeding ticket is a losing battle, and if you hire an attorney to fight the speeding ticket for you it still may be a losing battle (just an expensive losing battle).  Usually, there are other options to keep the speeding ticket off your record .  Give us a call at 913-732-3014 for more information.