Compare Records Clearance Policies | National Reentry Resource Center

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Clearance policy overview	A record or file relating to certain adjudications can be expunged. K.S.A. 38-2312.	A record or file relating to being a victim of human trafficking can be expunged. K.S.A. 38-2312.	Records relating to a conviction or diversion agreement for prostitution can be expunged by the court one year after discharge or sentence completion if the petitioner can prove they were acting under coercion. K.S.A. § 21-6614(b).	Records relating to specified Class A, B, or C felony convictions can be expunged by the court five years after discharge or sentence completion. K.S.A. § 21-6614(c).	Records relating to misdemeanor convictions can be expunged by the court three years after discharge or sentence completion. K.S.A. § 21-6614i (a)(1).	Records relating to specified Class A, B, or C felony convictions can be expunged by the court five years after discharge or sentence completion. K.S.A. § 21-6614i (c), (d).	Records relating to specified Class D or E felony convictions can be expunged by the court three years after discharge or sentence completion. K.S.A. § 21-6614i (a)(1).	Records relating to offenses for which the petitioner has successfully completed a diversion agreement can be expunged by the court three years after the terms of the diversion agreement were fulfilled. K.S.A. § 21-6614(a)(2).	Records relating to offenses for which the petitioner has successfully completed a diversion agreement can be expunged by the court three years after the terms of the diversion agreement were fulfilled. K.S.A. § 21-6614i (a)(2).	Records of an arrest and subsequent court proceedings can be expunged by the court following a finding of not guilty. K.S.A. § 22-2410(c)(3).	Records relating to traffic or cigarette or tobacco infractions, can be expunged by the court three years after discharge or sentence completion. K.S.A. § 21-6614i (a)(1).	Records relating to a first conviction for possession of marijuana, synthetic drugs, or salvia that was voided upon the petitioner's successful completion of the sentence will be sealed by the court. KRS § 218A.276(1), (8), (9).	A record relating to misdemeanors, violations, a single felony, or a series of felonies arising from a single incident can be expunged, so long as the petitioner is not subject to a disqualifying event and at least two years have passed. KRS § 610.330(1)-(2).	A record relating to dismissed charges, whether the court dismissed the petition or found the child to be not delinquent, will be expunged with the dismissal. KRS § 610.330(7).	Records relating to a single misdemeanor, violation, or traffic violation conviction, or series of such convictions arising from a single incident, will be expunged by the court five years after sentence completion if the petitioner meets the criteria specified in subsection (4). KRS § 431.078(1)(a), (2), (4).	Records relating to a series of misdemeanors, violations, or traffic infraction convictions not arising from a single incident can be expunged by the court five years after sentence completion if the petitioner meets the criteria specified in subsection (5). KRS § 431.078(1)(b), (2), (5).	Records relating to a single conviction of a specified Class D felony, or a series of such convictions arising from a single incident, can be expunged by the court five years after sentence completion. KRS § 431.073(1), (2).	Records relating to an offense for which the petitioner received a full pardon can be expunged by the court. KRS § 431.073(1).	Records relating to a prostitution offense or an offense that is not a violent crime can be expunged by the court no less than 60 days after final judgment if the person's participation in the offense was the direct result of being a human trafficking victim. KRS § 529.160.	Records relating to a first conviction for possession of certain controlled substances that was voided upon the petitioner's successful completion of the sentence will be sealed by the court. KRS § 218A.275(1), (8), (9).
Ineligible Category or Citation	Certain serious offenses are ineligible for expungement. K.S.A. 38-2312(b). Petitioner cannot be required to or registered as a sex offender. K.S.A. 38-2312(c). Petitioner cannot have any pending charges or subsequent convictions or adjudications (other than traffic). K.S.A. 38-2312(e)(1)(B).	Certain serious offenses are ineligible for expungement. K.S.A. 38-2312(b). Petitioner cannot be required to or registered as a sex offender. K.S.A. 38-2312(c). Petitioner cannot have any pending charges or subsequent convictions or adjudications (other than traffic). K.S.A. 38-2312(e)(1)(B).	This provision applies only to offenses specified in K.S.A. § 21-6614(b).	Eligible offenses are listed in section 21-6614(c). See sections 21-6614(e) and (f) for offenses that are ineligible for expungement.	There shall be no expungement of convictions for the offenses listed under K.S.A. § 21-6614i (e), (f).	There shall be no expungement of convictions for the offenses listed under K.S.A. § 21-6614i (e), (f).	There shall be no expungement of convictions for the offenses listed under K.S.A. § 21-6614i (e), (f).	See sections 21-6614(e) and (f) for offenses that are ineligible for expungement.	There shall be no expungement of convictions for the offenses listed under K.S.A. § 21-6614i (e), (f).	There is no statutory language regarding ineligible offenses.	There shall be no expungement of convictions for the offenses listed under K.S.A. § 21-6614i (e), (f).	Only offenses listed in section 218A.276(1) are eligible.	The petitioner is not eligible for expungement if there are any proceedings pending against petitioner, the offense sought to be expunged is a sex crime, or the offense would classify the person as a violent offender. KRS § 610.330(1)(c).	There is no statutory language regarding ineligible offenses.	See section 431.078(4)(a) and (d) for offenses ineligible for expungement.	See section 431.078(4)(a) and (d) for offenses ineligible for expungement.	Only Class D felonies listed in section 431.073(1) are eligible.	There is no statutory language regarding ineligible offenses.	Convictions for violent crimes as defined in section 17.165 are ineligible for expungement. KRS § 529.160(1)	Only offenses listed in section 218A.275 are eligible.
Clearance Process	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Automatic	Petition-based	Automatic	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Automatic
Waiting Periods	The petition can be filed when the petitioner reaches 23 years of age or two years after final discharge. K.S.A. 38-2312(e)(1)(A)(i).	The petition can be filed at any time. K.S.A. 38-2312(e)(1)(A)(iii).	The petition can be filed one year after discharge or sentence completion.	The petition can be filed five years after discharge or sentence completion.	There is a 3-year waiting period.	There is a 5-year waiting period.	There is a 3-year waiting period.	The petition can be filed three years after the terms of the diversion agreement were fulfilled.	There is a 3-year waiting period.	The petition can be filed at any time.	There is a 3-year waiting period.	The court can seal the record upon the completion of the sentence.	The record can be expunged two years after the court's jurisdiction ends or two years after petitioner's unconditional release from commitment, unless the court waives the waiting period upon a finding of extraordinary circumstances. KRS § 610.330(3).	The expungement of the record is immediate upon dismissal.	The petition can be filed five years after sentence completion.	The petition can be filed five years after sentence completion.	The petition can be filed five years after sentence completion.	There is no statutory language regarding a waiting period.	The petition can be filed no sooner than 60 days following the date the final judgment was entered. KRS § 529.160(2).	The court can seal the record upon the completion of the sentence.
Fees	A petition for expungement shall be accompanied by a docket fee in the amount of $176. On and after July 1, 2019, through June 30, 2025, the supreme court may impose a charge, not to exceed $19 per case, to fund the costs of non-judicial personnel. K.S.A. 38-2312(d).	A petition for expungement shall be accompanied by a docket fee in the amount of $176. On and after July 1, 2019, through June 30, 2025, the supreme court may impose a charge, not to exceed $19 per case, to fund the costs of non-judicial personnel. K.S.A. 38-2312(d).	The petition must be accompanied by a $176 docket fee. K.S.A. § 21-6614(g)(2).	The petition must be accompanied by a $176 docket fee. On and after July 1, 2019, through June 30, 2025, the supreme court may impose a charge, not to exceed $19 per case, to fund the costs of non-judicial personnel. K.S.A. § 21-6614(g)(2).	A petition for expungement shall be accompanied by a docket fee in the amount of $176. On and after July 1, 2019, through June 30, 2025, the supreme court may impose a charge, not to exceed $19 per case, to fund the costs of non-judicial personnel. K.S.A. § 21-6614i (g)(2).	A petition for expungement shall be accompanied by a docket fee in the amount of $176. On and after July 1, 2019, through June 30, 2025, the supreme court may impose a charge, not to exceed $19 per case, to fund the costs of non-judicial personnel. K.S.A. § 21-6614i (g)(2).	A petition for expungement shall be accompanied by a docket fee in the amount of $176. On and after July 1, 2019, through June 30, 2025, the supreme court may impose a charge, not to exceed $19 per case, to fund the costs of non-judicial personnel. K.S.A. § 21-6614i (g)(2).	The petition must be accompanied by a $176 docket fee. On and after July 1, 2019, through June 30, 2025, the supreme court may impose a charge, not to exceed $19 per case, to fund the costs of non-judicial personnel. K.S.A. § 21-6614(g)(2).	A petition for expungement shall be accompanied by a docket fee in the amount of $176. On and after July 1, 2019, through June 30, 2025, the supreme court may impose a charge, not to exceed $19 per case, to fund the costs of non-judicial personnel. K.S.A. § 21-6614i (g)(2).	No surcharge or fee can be imposed if the petitioner was found not guilty. K.S.A. § 22-2410(b).	A petition for expungement shall be accompanied by a docket fee in the amount of $176. On and after July 1, 2019, through June 30, 2025, the supreme court may impose a charge, not to exceed $19 per case, to fund the costs of non-judicial personnel. K.S.A. § 21-6614i (g)(2).	See section 218A.276(6) for language regarding payment for treatment.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	An expungement certification, which requires a processing fee, must be filed along with the petition. The filing fee for a petition under this section is $100, $50 of which is deposited into a trust and agency account for deputy clerks. KRS § 431.078(7). The fee may be waived if the petitioner qualifies as a 'poor person' under KSA. § 453.190(1).	An expungement certification, which requires a processing fee, must be filed along with the petition. The filing fee for a petition under this section is $100, $50 of which is deposited into a trust and agency account for deputy clerks. KRS § 431.078. The fee may be waived if the petitioner qualifies as a 'poor person' under KSA. § 453.190(1).	The filing fee for a petition under this section is $50, with an additional $250 due if the petition is granted. The $250 may be paid in installments. KRS § 431.073(10), (11). The fee may be waived if the petitioner qualifies as a 'poor person' under KSA. § 453.190(1).	The filing fee for a petition under this section is $50, with an additional $250 due if the petition is granted. The $250 may be paid in installments. KRS § 431.073(10), (11). The fee may be waived if the petitioner qualifies as a 'poor person' under KSA. § 453.190(1).	There is no statutory language regarding fees.	See section 218A.275(6) for language regarding payment for treatment.
Effect	The offense is treated as if it never occurred, except that it may be considered in determining the sentence in any subsequent conviction. K.S.A. 38-2312(f). The expungement order will be sent to the Kansas Bureau of Investigation, which will notify every juvenile or criminal justice agency which may possess records or files ordered to be expunged. K.S.A. 38-2312(g). For the list of the people or entities to which the records custodian can disclose the existence of expunged records or files, see K.S.A. 38-2312(k).	The offense is treated as if it never occurred, except that it may be considered in determining the sentence in any subsequent conviction. K.S.A. 38-2312(f). The expungement order will be sent to the Kansas Bureau of Investigation, which will notify every juvenile or criminal justice agency which may possess records or files ordered to be expunged. K.S.A. 38-2312(g). For the list of the people or entities to which the custodian of records can disclose the existence of expunged records or files, see K.S.A. 38-2312(k).	The person is treated as if they were never arrested or convicted and can say so, except when asked in the circumstances specified in section 21-6614(i)(2). See K.S.A. §§ 21-6614(i), (k). The records custodian will not disclose their existence, unless for the purposes specified in K.S.A. § 21-6614(l).	The person is treated as if they were never arrested or convicted and can say so, except when asked in the circumstances specified in section 21-6614(i)(2). K.S.A. §§ 21-6614(i), (k). The records custodian will not disclose their existence, unless for the purposes specified in K.S.A. § 21-6614(l).	The offense is treated as if the arrest never occurred, except that it may be considered in determining the sentence in any subsequent conviction and when asked in the circumstances specified in section 21-6614i(i).	The offense is treated as if the arrest never occurred, except that it may be considered in determining the sentence in any subsequent conviction and when asked in the circumstances specified in section 21-6614i(i).	The offense is treated as if the arrest never occurred, except that it may be considered in determining the sentence in any subsequent conviction and when asked in the circumstances specified in section 21-6614i(i).	The person is treated as if they were never arrested or diverted and can say so, except when asked in the circumstances specified in section 21-6614(i)(2). See K.S.A. §§ 21-6614(i), (k). The custodian of the records will not disclose their existence, unless for the purposes specified in K.S.A. § 21-6614(l).	The offense is treated as if the arrest never occurred, except that it may be considered in determining the sentence in any subsequent conviction and when asked in the circumstances specified in section 21-6614i(i).	The person can state that they were not arrested in response to any application for employment, license, or other civil right or privilege, except if asked for purposes specified in section 22-2410(e). The court can determine that the record should be available for the purposes specified in section 22-2410(e), and can make the records available for purposes specified in section 22-2410(f). K.S.A. §§ 22-2410 (d)-(h).	The offense is treated as if the arrest never occurred, except that it may be considered in determining the sentence in any subsequent conviction and when asked in the circumstances specified in section 21-6614i(i).	A voided conviction is not deemed a first offense under this chapter or for purposes of disqualifications or disabilities imposed by law. KRS § 218A.276(8). After sealing, the proceedings will not be used against the defendant. The court and other agencies will reply to any inquiry that no record exists. The defendant need not disclose the record on an application for employment, credit, or other type of application. KRS § 218A.276(10).	The court can expunge all records in the petitioner's case in the custody of the court and of any other agency or official, including law enforcement and public or private elementary and secondary school records. KRS § 610.330(5). Upon the entry of an order to expunge the records, the proceedings in the case will be deemed never to have occurred and all index references will be deleted. KRS § 610.330(6). The person whose record is expunged will not have to disclose the fact of the record or any matter relating to it on an application for employment, credit, or other type of application. KRS § 610.330(6).	The court can expunge all records in the petitioner's case in the custody of the court and of any other agency or official, including law enforcement and public or private elementary and secondary school records. KRS § 610.330(5). Upon the entry of an order to expunge the records, the proceedings in the case will be deemed never to have occurred and all index references will be deleted. KRS § 610.330(6). The person whose record is expunged will not have to disclose the record or any matter relating to it on an application for employment, credit, or other type of application. KRS § 610.330(6).	Proceedings regarding the case are deemed never to have occurred, and state-performed background checks will indicate that the records do not exist. The petitioner and the court can reply that no record exists. The petitioner need not disclose the record on an application for employment, credit, or other type of application. KRS § 431.078(6).	Proceedings regarding the case are deemed never to have occurred, and state-performed background checks will indicate that the records do not exist. The petitioner and the court can reply that no record exists. The petitioner need not disclose the record on an application for employment, credit, or other type of application. KRS § 431.078(6).	The proceedings are vacated and expunged, and do not appear on state-performed background checks. The court and other agencies will reply to any inquiry that no record exists. The petitioner need not disclose the record on an application for employment, credit, or other type of application, and their ability to vote is restored. KRS § 431.073(6).	Proceedings are vacated and expunged and do not appear on state-performed background checks. The court and other agencies will reply to any inquiry that no record exists. The petitioner need not disclose the record on an application for employment, credit, or other type of application, and their ability to vote is restored. KRS § 431.073(6).	Proceedings regarding the charges are deemed never to have occurred, and official state-performed background checks will indicate that the records do not exist. The court and other agencies will reply to any inquiry that no record exists. The petitioner need not disclose the record on an application for employment, credit, or other type of application. KRS § 431.076(6). The court will order agencies to expunge the records. KRS § 431.076(4), (5).	A voided conviction is not deemed a first offense under this chapter or for the purposes of disqualifications or disabilities imposed by law. Each person is eligible for only one dismissal. KRS § 218A.275(8). After sealing, the proceedings will not be used against the defendant except to determine eligibility to have a conviction voided under this section. The court and other agencies will reply to any inquiry that no record exists. The defendant need not disclose the record on an application for employment, credit, or other type of application. KRS § 218A.275(10).
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The National Reentry Resource Center is operated by the Council of State Governments Justice Center and supported by Grant No. 15PBJA-23-GK-05503-MUMU awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice.