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 do I get a DUI taken off my record in Kansas? (DUI Expungement in Kansas)

You got a DUI.  You took a Conviction .  Now you are doing your best to get a job and the conviction keeps ruining it for you.  You keep getting the job offer only to find out that the offer is rescinded once they find out about your criminal record .  DUI convictions on your criminal record make employment very difficult.  DUI convictions have stigma attached to them that latches onto a person and drags them down.

Up until July 1, 2011 if you had a conviction in Kansas for a DUI and you wanted to try and clean it up you were nearly out of luck.  There was no provision in Kansas law that made it possible for you to get the conviction expunged .  But that has all changed.  The Kansas legislature has made some changes to the law that allows for a person that had been convicted of a DUI to petition to expunge the offense from their record.

For people with DUI convictions that is a great thing.  But there are some catches.  If you have a DUI conviction you aren't eligible for an expungement until ten (10) years have passed since you were released from probation.  That doesn't mean that if you received a DUI ten years ago you can get get it expunged .  You have to have been off of probation for 10 years.  Look at the points to determine if your eligible as of 10/12/2011.











1. If you received a DUI conviction before July 1, 1993 you are probably not eligible.
2. If you got off probation before 10/12/2001 you may be eligible.
3. If you got off probation after 10/12/2001 you are not eligible.

Remember you have to use the date from which you were discharged from probation.


IF YOU HAVE A DUI CONVICTION AND YOU WANT TO GET IT EXPUNGED PLEASE SEE AN ATTORNEY.  THE CONTENTS OF THIS POST ARE FOR INFORMATIONAL PURPOSES ONLY.  THIS IS NOT LEGAL ADVICE.   PLEASE CONSULT AN ATTORNEY TO EXAMINE YOUR INDIVIDUAL RECORD AND GIVE YOU A DETERMINATION AS TO YOUR EXPUNGEMENT OPPORTUNITIES.