Getting an Arrest and/or Conviction Expunged
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.
A criminal record that has been "expunged" means that to most persons or agencies outside the court system, it can be treated as if it never occurred. Depending on the type of offense, there is a 3, 5, or 10 year wait after a probation, diversion, or sentence is completed.
As previously stated, in order to remove an arrest, diversion and/or conviction from your public record you must petition the court to have it expunged. After the petition is filed, 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.
An expungement 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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Copyright 2017 Michael R. Clarke - Kansas criminal defense attorney.
Mailing Address: Clarke Law Office, P.O. Box 3767, Lawrence, KS 66046