Expungement of criminal record in kansas

In addition, a petitioner must not have been charged with a felony offense in the preceding two years. Finally, no warrants can be active with ANY court including traffic warrants. The payment of this filing fee is required to petition the court.

  • Instructions for Expungement of Arrest Record | Kansas Judicial Council.
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Victims and police are notified and given a chance to object. If your request for expungement is denied, you have the right to a hearing before a judge. At a hearing, you are permitted to present evidence supporting your request for expungement. Expunging your record from Kansas restores your civil rights in most situations. The largest benefit of expungement is the ability to apply for new employment.

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There are certain exceptions to this general rule see below: K. Applying for a passport may be a concern.

Many times an application for passport to travel out of the United States will be denied because of a person's criminal record. In most instances, once a record is expunged, the prior reason for this denial will be cured. Firearms: Expungement does NOT reinstate a prohibited persons' rights to carry a firearm.

This five-year rule also applies to "off-grid" felonies that fall outside Kansas' grid scheme, but most of those crimes are not eligible for expungement.

File a Petition for Expungement with the court that convicted you if you meet all the qualifying rules. The Kansas Judicial Council provides approved expungement petition forms on its website. Your petition must include your full name at the time of conviction, your sex, race and date of birth, information about the felony you want expunged including the date of conviction, and information about the convicting court.

The court will schedule a hearing to consider your petition. Attend the expungement hearing. The court will decide whether you and your situation warrant an expungement and whether it serves the public interest to wipe your slate clean.


How Long Is a DUI on Your Criminal Record in Kansas?

If so, the court will grant an expungement order. This removes the felony from public view, so that potential employers, landlords and members of the public will not be able to see it; as if you did not commit the crime. However, law enforcement official and the courts will still be able to see your full criminal history with the felony in situ.

Understand, too, that only this particular felony will be removed from your record. You can contact the local district attorney in the judicial district where you were originally convicted for assistance. Upon expungement, the custodian of records must disclose existence of the records to various state agencies upon request.

Under Kan. When a petition for expungement is filed pursuant to subsection a 1 , the court shall set a date for hearing on such petition and shall cause notice of such hearing to be given to the prosecuting attorney and the arresting law enforcement agency.

The court may inquire into the background of the petitioner.

Expungement | Ford County, KS

Expungement is subject to certain court-ordered grounds for disclosure in connection with certain peace-keeping or gambling employment. See also Kan. If the person is employed or licensed by a state or local government agency, a conviction shall constitute good cause to terminate employment or to revoke or suspend a license.

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  • Expungement in Kansas if You Were Not Convicted of a Crime?
  • When Can You Request an Expungement of a DUI?.
  • Kansas - Guide to Pardon, Expungement & Sealing.

City of Overland Park, F. Under a amendment to this law:. See Brent N. The order does not prevent the use of a criminal background check as a condition of employment.

Kansas Expungement Law

Notwithstanding any other provision of law, any person, board, commission or similar body who determines the qualifications of individuals for licensure, certification or registration may consider any felony conviction of the applicant, but such a conviction shall not operate as a bar to licensure, certification or registration. In May this general licensing statute was amended to add several additional provisions. However, boards may consider felony convictions, Class A misdemeanor convictions, and any conviction for which licensure could conflict with federal law, regardless of the time passed since the conviction.

In , the legislature amended several laws relating to specific forms of licensure, employment and background checks involving adult care homes, home health agencies, and other centers, hospitals, and facilities offering behavioral and disability services. In general, people with certain specified convictions may not be employed by the entities in question for a period of five years after completion of sentence, although this period of disqualification may be waived by the secretary for aging or disability services. Civil Rights B. Firearms II. Discretionary Restoration Mechanisms A.

Judicial sealing or expungement 1. Adult conviction and arrest records Authority and eligibility Process and criteria Effect 2. Juvenile Record 3.