Getting an Arrest and/or Conviction Off Your Record
There is a common misconception that convictions "drop off" your record after a certain period of time; that's not true. In order to remove an arrest, diversion and/or conviction from your public record you must petition the court to have it expunged. To have a Kansas criminal history record expunged the event must meet the criteria provided in the state statutes listed below.
K.S.A. 12-4516 municipal courts and expungement of certain convictions, arrest records and diversion agreements.
K.S.A. 21-6614 expungement of certain convictions, arrest records and diversion agreements. (K.S.A. 21-4619 prior to 7/1/2011)
K.S.A. 22-2410 expungement of arrest records.
K.S.A. 38-2312 expungement of records for minors.
To expunge a criminal history record an individual must file a petition for expungement through the court that has jurisdiction over the event. After the petition is made, the court will determine if the event is eligible to expunge. If the expungement is approved, the clerk of the court will mail a certified copy to the Kansas Bureau of Investigation (KBI).
Once the certified order of expungement is received at the KBI, it takes approximately 2-4 weeks to process the expungement and update the criminal history record. Expungements are processed in the order that they are received. The KBI is responsible for notifying the Federal Bureau of Investigation (FBI), Kansas Secretary of Corrections, and any Kansas law enforcement agency that was involved with the event. The KBI does not notify private record check agencies of an expungement.
An expungement will seal the event from public view; however, it does not completely remove the event from the record. A select group of agencies has statutory authority to access expunged information. To see a complete list of those agencies, please review the statutes listed above.
An expungement only pertains to the criminal history record not offender registration records. It does not relieve a person from the duty to register as an offender nor does it remove the information from the offender registration website. If a court has ordered you to register then you must continue to report to your local sheriff s department until your registration period has been satisfied.
Expungement of a felony conviction will not guarantee eligibility to purchase of a firearm. Depending on the crime and circumstances of the crime state and federal laws may still prohibit the possession and/or purchase of a firearm even though the case has been expunged.
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Mailing Address: Clarke Law Office, 1441 Wakarusa Drive, Suite 200, Lawrence, KS 66049
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