How To Get A Charge Expunged

View this webinar that tells you all you need to know about Expungement in Kansas.

Here is a handy flow chart that you can download that shows the steps for expungement.

You may be able to get FREE help from a Kansas Legal Services attorney for your expungement!

This help is available through the Clean Slate Kansas program, which is a partnership between KLS and the Access to Justice Lab at Harvard Law School. Attorney assistance through this program is provided at no cost to those who join a research study from Harvard Law School.

Study participants will be required to complete a brief survey once every few weeks, and will be compensated $5 for each survey they finish.

Participants will also need to give the researchers permission to see some of their information from the government – for example, taxes and utility company records – until the year 2025.

This program is open to Kansas residents of any income level, and whose cases were handled in any county-level (District) court in the state of Kansas.

You can apply online at https://www.kansaslegalservices.org/node/online-application or call 800-723-6953 (Monday - Friday, 8 - 4:30)

What is an expungement?

Expungement is the removal of an arrest or conviction from a person's criminal record.

When a person's record is expunged, no information related to the arrest or conviction may be disclosed, with certain exceptions.

What records can be expunged?

Arrest records, criminal convictions, and juvenile adjudications can all be expunged in Kansas.

What arrest records can be expunged in Kansas?

An arrest record can be expunged if:

The arrest occurred because of mistaken identity;
A court found there was no probable cause for the arrest;
You were found not guilty in court proceedings; or
The expungement would be in the best interests of justice and either charges have been dismissed or no charges are likely to be filed.

Any arrest record can be expunged and no time limit is required.

What criminal convictions can be expunged in Kansas?

Your criminal conviction can be expunged if the required amount of time has passed and you have not been convicted of a felony in the past 2 years.

Some convicions can be expunged 3 years after payment of all fines and the completion of the sentence. Those convictions include minor offenses, traffic violations, and some felonies

Other felonies and motor vehicle offenses, such as driving while suspended, can be expunged 5 years after the completion of the sentence.

Look at this chart to determine how long you have to wait.

Severity of crimes and expungement

This chartshows the length of time that must pass between the completion of all aspects of a criminal sentence or diversion and the filing of an expungement petition.

Click on this picture to see the chart:

What criminal convictions cannot be expunged in Kansas?

Capital murder
Murder in the first or second degree
Voluntary and involuntary manslaughter
Rape
Aggravated sexual battery
Sexual battery of underage victim
Indecent liberties with a child
Criminal sodomy
Indecent solicitation of a child
Sexual exploitation of a child
Aggravated incest
Endangering a child
Abuse of a child

Do I have to get my convictions expunged to vote in Kansas?

No, you can vote as soon as you have been discharged from supervision. That is usually at the end of a period of probation or parole.

If you are granted probation or parole, you are "under supervison" until the probation or parole are finished. When those are finished, you can register and vote in Kansas.

Only people who have been convicted of a state or federal felony lose their voting rights. State law (KSA 21-4603, 21-4603d, 21,4615) prevents persons who have been convicted of a fellow from registering to vote, voting, holding public office or serving on a jury.

You have to reregister to vote, even if you were registered before, when you become eligible.

You will not be asked for any proof that you have been discharged from supervision. The voter registration application form contains an affidavit that you sign stating that your right to vote has been restored.

You can use the paper form or apply electronically, online.

To apply online, go here: Federal voter registration form

To print, sign and mail the online form, go here: Paper Voter Registration form

What juvenile adjudications can be expunged in Kansas?

Read more about juvenile expungements here.

Most juvenile adjudications can be expunged if:

The juvenile has reached the age of 23 or it has been 2 years since the sentence was completed;
Since the sentence was completed, there are no pending criminal cases; and
The circumstances and behavior of the juvenile warrant expungement.

What juvenile adjudications cannotbe expunged in Kansas?

Murder
Manslaughter
Rape
Indecent liberties
Criminal Sodomy
Indecent solicitation
Sexual exploitation
Aggravated incest
Endangering a child
Abuse of a child

How do I expunge a Juvenile offense?

The interactive interview to create a file for Court to expunge a juvenile record is here:https://lawhelpinteractive.org/Interview/InterviewHome?templateId=8013

This can be filed:

·at any age, when 2 years have passed since a final discharge (sentence served and restitution paid.).

·at age 23 even if there is no final discharge.

·No felony or misdemeanor conviction after the juvenile case (although courts may often allow this when 2 years have occurred since the prior case was finalized.)

There is a $100 docket fee for filing the expungement.

This is filed in the juvenile court case, using the same case number.

Disclaimer: This is general information. For specific advice on individual matters, you should consult an attorney.

KLS offers a free legal form, Expungement, to expunge records for adults - click here

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Expungement Brochure, created by Attorney Kristin Maun of KLS - Pittsburg.