Clearing Or Sealing Your Criminal Record

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 could be possible to have old convictions and arrest records sealed. Attorney Gary D. Stone will be glad to determine whether you qualify for expungement.

Expungement Of Records In Kansas

Under Kansas law, individuals can legally expunge convictions as well as records of arrests for crimes in which charges were later dropped or in situations when a jury found the defendant 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 been arrested or convicted for that offense. The offense will not show up when a prospective employer or anyone else performs a background check, and the state, in most cases, is not permitted to disclose your prior arrest and/or conviction.

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 the police charge you with new crimes in the future. You also do not regain your right to possess a firearm through expungement. You do, however, regain your right to be treated by others as if you were never convicted of or arrested for a crime.

When Can You Expunge Your Record? What Is The Process?

For most crimes, you can clear arrests and convictions three years after you serve or satisfy the sentence. Some higher-level felonies require a five-year wait time from the end of your sentence. One only “satisfies” a sentence when they have completed probation, parole, diversion or a prison sentence with no post-release and have paid all restitution, fines and/or court costs. 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 law requires the state district courts to collect a filing fee for an expungement petition. Fees will range from $50 to $200 for misdemeanor cases in city courts. Once the petition is filed, 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.

What Does An Expungement Do For You?

Expunging your record in Kansas restores most of your civil rights in most situations. The largest benefit of expungement is the ability to apply for new employment. Upon a court ordering the expungement of a person’s record, that individual, when asked on an employment application whether they’ve had any prior arrests and/or convictions, is permitted by Kansas state law to answer “no.” In most cases, the prospective employer will not find out about the expunged offense. However, there are certain exceptions to this general rule (see below: K.S.A. 21-6614 – rules on disclosing your prior offense).

Applying for a passport may be a concern. Many times, an application for a 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. You can reapply for a passport.

What About Your Right To Carry A Firearm?

Expungement does not reinstate a prohibited person’s rights to carry a firearm. Most expungements grant the restoration of a person’s civil liberties “except as provided for by other State or Federal Law.” There are arguments on both sides, but as a general rule, do not count on your firearm rights being restored just by expunging your record. Attorney Stone is available to research any prior conviction and advise you on any prohibition that may apply to you.

Wondering If You’re Eligible For Expungement?

Expungement can change your future. Below are answers to some of the most common questions clients have about the process.

What is an expungement in Kansas?

An expungement is a legal process that seals your criminal record from public view. After expungement, you are allowed to deny the arrest or conviction in most situations. The record still exists but is only accessible to law enforcement or in limited circumstances.

Am I eligible for an expungement?

Eligibility depends on the offense, how long it’s been since you completed your sentence, and your record since then. Most misdemeanors are eligible after three years; some felonies require five years. You must also have no recent felony charges or outstanding warrants.

How long does the expungement process take?

Once a petition is filed, the process can take several weeks to a few months. The court notifies law enforcement and any victims, and if there are objections, a hearing may be required before a judge makes a decision.

What are the benefits of an expungement?

An expungement offers several long-term benefits for your personal and professional life:

• Improved employment opportunities: You can legally say “no” when asked if you’ve been convicted of a crime, making it easier to pass background checks.
• Better access to housing: Landlords and property managers are less likely to deny your application if your record is sealed.
• Eligibility for professional licenses: Expungement may remove a major barrier if you’re applying for state-issued certifications or credentials.
• Reduced stigma and restored reputation: You no longer have to worry about your past showing up in routine background checks.
• Travel opportunities: In many cases, expungement helps resolve passport denials caused by a criminal record.

While an expungement does not restore your firearm rights, it provides meaningful relief in most areas of life and helps you move forward with a clean slate.

Have More Questions About Expungement?

Serving clients throughout Kansas, the Stone Law Office is a criminal defense law firm in Kansas City. Mr. Stone will examine your case and determine if and when your particular case is eligible for expungement. Call 913-229-9209 or contact the firm online for a free consultation.