In Kansas, your criminal record can be expunged under the circumstances described below. If your record is expunged, the public won't have access to it, and in most cases, you won't have to disclose that you were arrested or convicted of a crime.
In general, an expunged criminal record is essentially erased or sealed. When this happens, the record will be hidden from public view and available only to law enforcement agencies and certain other public officials. In most cases, you won't have to disclose to employers, landlords, and others that you were arrested or convicted of a crime.
If you were arrested but not convicted of a crime, you may petition to have your arrest record expunged. Your request will most likely be granted if:
Some convictions can be expunged in Kansas after a certain amount of time has passed. Below are the rules for some common types of convictions.
Offenses with a three-year waiting period. If you were convicted of one of the following crimes, you can petition for expungement if more than three years have passed since you satisfied the conditions of your sentence, diversion agreement, probation, community service, parole, or post-release supervision:
Other convictions might qualify for expungement after three years if you've completed a diversion agreement.
Offenses with a five-year waiting period. If you were convicted of one of the following crimes, you can petition for expungement if more than five years have passed since you satisfied the conditions of your sentence, diversion agreement, probation, community service, parole, post-release supervision, conditional release, or suspended sentence:
Exceptions: offenses that can't be expunged. Convictions for murder, manslaughter, child abuse, rape, and most other sexual offenses can never be expunged. See Kan. Stat. § 21-6614(e), for the full list of disqualifying offenses.
Additionally, if you were convicted of an offense that requires you to register under the Kansas Registration Act, no part of your criminal record may be expunged while you are required to register. The Kansas Registration Act applies to people convicted of sex offenses, violent crimes, and many drug offenses.
Prostitution. If you were convicted of the former crime of prostitution or what current Kansas law now calls "selling sexual relations," or you got diversion for such an offense, you may petition for expungement if:
Driving under the influence. If you were convicted of a crime related to driving under the influence, you can petition for expungement if more than five years have passed since you satisfied the conditions of your sentence, diversion agreement, probation, community service, parole, post-release supervision, conditional release, or suspended sentence. If you were convicted more than once of a DUI offense, you must wait ten years to apply.
Violations of city ordinances. If you were convicted of violating a city ordinance, you may petition to have the conviction expunged if you satisfy the waiting period for the given violation and meet other requirements.
The Kansas Judicial Council's website is an excellent resource for instructions on how to file for expungement. They also have the forms you'll need to file. If you have questions about how to proceed, an attorney can guide you.
Cleaning up a criminal record can be complicated, and the law can change at any time. To learn more about expunging criminal records in Kansas—and to discuss your personal circumstances—you should contact a qualified criminal defense attorney.
(Kan. Stat. §§ 22-2410, 12-4516, 21-6614, 22-4902 (2023).)