Expungements

Clearing Your Criminal Record

Kansas City, Kansas, Expungement Attorney

Is a past conviction haunting you? Are you worried that it will affect your employment or your reputation if someone checks your background? After a certain period of time, it is possible to have old convictions and arrest records sealed. The Stone Law Office will be glad to determine whether you qualify for expungement. Contact us for a free consultation at 913-281-6601.

The Stone Law Office is a criminal defense law firm located in Kansas City, Kansas, that serves clients throughout the metro area and surrounding counties. We can examine your case and determine if and when your particular case is eligible for expungement.

Expungement of Records in Kansas

Under Kansas law, you can legally clear convictions, as well as records of an arrest for a crime in which charges were later dropped, or in situations in which a jury found you not guilty. By sealing your criminal record through expungement, the law gives you specific permission to say (on a job or college application, for example) that you have never arrested or convicted for that offense. The offense will not show up when a prospective employer or anyone else performs a background check.

Law enforcement officials do not destroy expunged records, rather, they retain access to your records, and your past convictions can still be used against you if police charge you with new crimes in the future. You also do not regain your right to possess a firearm through expungement.

What Crimes Qualify for Expungement?

• Most minor offenses and some non-violent felonies are eligible for expungement (e.g. shoplifting, traffic violations, marijuana possession, or assault).
• Serious felonies and many misdemeanors cannot be expunged (e.g., sex crimes, child abuse, murder, perjury).

Gary D. Stone can explain whether your particular charge is eligible for expungement.

When Can I Expunge My Record? What Is the Process?

For most crimes, you can clear arrests and convictions five years after you serve or satisfy the sentence. Some misdemeanors can be cleared after three years. A DUI (drunk driving) can be expunged after five years.

To have your record expunged, you must pay a filing fee of $100 to petition the court, and must show the court that you have served the sentence and not been convicted of a felony (or have charges pending) since the offense in question. All restitution and fines ordered by the court must be satisfied. Victims and police are notified and given a chance to object. At a hearing, you can then ask for an order to expunge.

Contact the Stone Law Office for more information and a free consultation with an experienced criminal law attorney. You can reach our Kansas City, Kansas, lawyer at 913-281-6601. We accept major credit cards.

The Kansas Statute on Expungement is set forth below. This statute is provided for informational purposes only, and is not intended as legal advice.

K.S.A. 21-4619

(1) Except as provided in subsections (b) and (c), any person convicted in this state of a traffic infraction, cigarette or tobacco infraction, misdemeanor or a class D or E felony, or for crimes committed on or after July 1, 1993, nondrug crimes ranked in severity levels 6 through 10 or any felony ranked in severity level 4 of the drug grid, may petition the convicting court for the expungement of such conviction or related arrest records if three or more years have elapsed since the person: (A) Satisfied the sentence imposed; or (B) was discharged from probation, a community correctional services program, parole, post release supervision, conditional release or a suspended sentence.

(2) Except as provided in subsections (b) and (c), any person who has fulfilled the terms of a diversion agreement may petition the district court for the expungement of such diversion agreement and related arrest records if three or more years have elapsed since the terms of the diversion agreement were fulfilled.

(b) Except as provided in subsection (c), no person may petition for expungement until five or more years have elapsed since the person satisfied the sentence imposed, the terms of a diversion agreement or was discharged from probation, a community correctional services program, parole, post release supervision, conditional release or a suspended sentence, if such person was convicted of a class A, B or C felony, or for crimes committed on or after July 1, 1993, if convicted of an off-grid felony or any non-drug crime ranked in severity levels 1 through 5 or any felony ranked in severity levels 1 through 3 of the drug grid, or:

(1) Vehicular homicide, as defined by K.S.A. 21-3405 and amendments thereto or as prohibited by any law of another state which is in substantial conformity with that statute;

(2) a violation of K.S.A. 8-1567 and amendments thereto, or a violation of any law of another state, which declares to be unlawful the acts prohibited by that statute;

(3) driving while the privilege to operate a motor vehicle on the public highways of this state has been canceled, suspended or revoked, as prohibited by K.S.A. 8-262 and amendments thereto or as prohibited by any law of another state which is in substantial conformity with that statute;

(4) perjury resulting from a violation of K.S.A. 8-261a and amendments thereto or resulting from the violation of a law of another state which is in substantial conformity with that statute;

(5) violating the provisions of the fifth clause of K.S.A. 8-142 and amendments thereto, relating to fraudulent applications or violating the provisions of a law of another state which is in substantial conformity with that statute;

(6) any crime punishable as a felony wherein a motor vehicle was used in the perpetration of such crime;

(8) violating the provisions of K.S.A. 40-3104 and amendments thereto, relating to motor vehicle liability insurance coverage; or

(9) a violation of K.S.A. 21-3405b, prior to its repeal.

(c) There shall be no expungement of convictions for the following offenses or of convictions for an attempt to commit any of the following offenses:

• (1) Rape as defined in subsection (a)(2) of K.S.A. 21-3502 and amendments thereto;
• (2) indecent liberties with a child as defined in K.S.A. 21-3503 and amendments thereto;
• (3) aggravated indecent liberties with a child as defined in K.S.A. 21-3504 and amendments thereto;
• (4) criminal sodomy as defined in subsection (a)(2) or (a)(3) of K.S.A. 21-3505 and amendments thereto;
• (5) aggravated criminal sodomy as defined in K.S.A. 21-3506 and amendments thereto;
• (6) indecent solicitation of a child as defined in K.S.A. 21-3510 and amendments thereto;
• (7) aggravated indecent solicitation of a child as defined in K.S.A. 21-3511 and amendments thereto;
• (8) sexual exploitation of a child as defined in K.S.A. 21-3516 and amendments thereto;
• (9) aggravated incest as defined in K.S.A. 21-3603 and amendments thereto;
• (10) endangering a child as defined in K.S.A. 21-3608 and amendments thereto;
• (11) abuse of a child as defined in K.S.A. 21-3609 and amendments thereto;
• (12) capital murder as defined in K.S.A. 21-3439 and amendments thereto;
• (13) murder in the first degree as defined in K.S.A. 21-3401 and amendments thereto;
• (14) murder in the second degree as defined in K.S.A. 21-3402 and amendments thereto;
• (15) voluntary manslaughter as defined in K.S.A. 21-3403 and amendments thereto;
• (16) involuntary manslaughter as defined in K.S.A. 21-3404 and amendments thereto;
• (17) involuntary manslaughter while driving under the influence of alcohol or drugs as defined in K.S.A. 2004 Supp. 21-3442 and amendments thereto;
• (18) sexual battery as defined in K.S.A. 21-3517 and amendments thereto;
• (19) aggravated sexual battery as defined in K.S.A. 21-3518 and amendments thereto; or
• (20) any conviction for any offense in effect at any time prior to the effective date of this act, that is comparable to any offense as provided in this subsection.