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| Clearance policy overview | All official records can be corrected by removing the identity theft victim's name and sealing the records of the circuit court clerk. 20 ILCS 2630/5.2(b)(4). | Records relating to a conviction or sentence that has been set aside on direct review or collateral attack due to the person's factual innocence will be expunged by the court. 20 ILCS 2630/5.2(b)(6); 730 ILCS 5/5-5-4. | Records relating to a conviction for which the person served all or part of a sentence of incarceration, but was found factually innocent, can be expunged by the court. 20 ILCS 2630/5.2(8); 735 ILCS 5/2-702(h). | Records relating to an arrest that did not result in a conviction can be expunged by the court one year after the date of arrest, so long as the petitioner is not participating in a pretrial diversion program. Arrests that occurred after June 30, 2022 and did not result in criminal charges are automatically expunged under Ind. Code Ann. § 35-38-9-1(c). Ind. Code Ann. § 35-38-9-1(a),(d). | Records relating to a conviction that was vacated on appeal can be expunged by the court one year after the conviction was vacated, so long as the petitioner is not participating in a pretrial diversion program. Ind. Code Ann. § 35-38-9-1(a), (d). | All records relating to a misdemeanor conviction or a felony reduced to a misdemeanor pursuant to IC 35-38-1-1.5 or IC 35-50-2-7 can be expunged by the court five years after the date of conviction, unless the prosecuting attorney consents in writing to a shorter period. Ind. Code Ann. § 35-38-9-2(c). | All records relating to a Class D or Level 6 felony conviction can be expunged by the court eight years after the date of conviction, unless the prosecuting attorney consents in writing to a shorter period. Ind. Code Ann. § 35-38-9-3(c). | All records relating to a felony conviction, other than those provided for in section 35-38-9-3, can be expunged by the court eight years after the date of conviction or three years after sentence completion, unless the prosecuting attorney consents in writing to a shorter period. Ind. Code Ann. § 35-38-9-4(a), (c). | All records relating to offenses committed while holding elective office and offenses resulting in serious bodily injury can be expunged 10 years after the date of conviction or five years after completion of the sentence, unless the prosecuting attorney consents in writing to a shorter period. Ind. Code Ann. § 35-38-9-5(a), (c). | A conviction for an offense that did not result in a bodily injury to another person can be vacated, and the related records expunged, if the offense resulted from being a victim of human trafficking. Ind. Code Ann. §§ 35-38-10-2, 35-38-9-1. | Records relating to an arrest that occurred after June 30, 2022 and did not result in criminal charges will be expunged 180 days after the arrest. Ind. Code Ann. § 35-38-9-1(c). | Records of the arrest and the subsequent court proceedings, if any, can be expunged by the court following dismissal of charges. K.S.A. § 22-2410(c)(4). | Records relating to specified infractions, misdemeanor, and Class D or E felony convictions can be expunged by the court three years after discharge or sentence completion. K.S.A. § 21-6614(a)(1). | Records relating to a second or subsequent conviction of driving under the influence or refusal to submit to an alcohol or drug test can be expunged by the court 10 years after discharge or sentence completion. K.S.A. § 21-6614(d)(2). | Records relating to a first violation of driving under the influence or refusing to submit to a drug or alcohol test can be expunged by the court five years after discharge or sentence completion. K.S.A. § 21-6614(d)(1). | Records of an arrest and subsequent court proceedings can be expunged by the court if the arrest occurred without probable cause or because of mistaken identity. K.S.A. §§ 22-2410(c)(1), (2). | 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). |
| Ineligible Category or Citation | There is no statutory language regarding ineligible offenses. | No statutory language regarding ineligible offenses. | Offenses other than felonies. 735 ILCS 5/2-702(h). | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | For prior offenses that make a person ineligible for expungement under this section, see section 35-38-9-2(c). | See section 35-38-9-3(c) for offenses ineligible for expungement. | See section 35-38-9-4(b) for offenses ineligible for expungement. | See section section 35-38-9-5(b). for offenses ineligible for expungement. | A conviction for an offense that resulted in bodily injury to another person cannot be vacated. See Ind. Code Ann. § 35-38-10-2(2). | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | Eligible offenses are listed in section 21-6614(a). See sections 21-6614(e) and (f) for offenses that are ineligible for expungement. Kan. Stat. Ann. § 21-6614. | Applies only to second or subsequent violations of offenses specified in K.S.A. § 21-6614(d)(2). | This provision applies only to first violations of offenses specified in K.S.A. § 21-6614(d)(1). | There is no statutory language regarding ineligible offenses. | 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). |
| Clearance Process | Petition-based | Automatic | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Automatic | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based |
| Waiting Periods | The petition can be filed at any time. | There is no statutory language regarding a waiting period. | The petition can be filed any time after the certificate is granted. | The petition can be filed one year after the date of arrest. | The petition can be filed one year after the conviction is vacated. | The petition can be filed five years after the date of conviction, unless the prosecuting attorney consents in writing to a shorter period. | The petition can be filed eight years after the date of conviction, unless the prosecuting attorney consents in writing to a shorter period. | The petition can be filed eight years after the date of conviction, unless the prosecuting attorney consents in writing to a shorter period. | The petition can be filed 10 years after the date of conviction or five years after completion of the sentence, unless the prosecuting attorney consents in writing to a shorter period. | There is no waiting period for the motion to vacate the conviction. The expungement petition can be filed one year from the judgment vacating the conviction, unless the prosecutor agrees in writing to an earlier time. Ind. Code Ann. § 35-38-9-1(b). | There is a 1-year waiting period. | The petition can be filed at any time. | The petition can be filed three years after discharge or sentence completion. | The petition can be filed 10 years after discharge or sentence completion. | The petition can be filed five years after discharge or sentence completion. | The petition can be filed at any time. | 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. |
| Fees | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | A person who files a petition under this section is not required to pay a filing fee. Ind. Code Ann. § 35-38-9-1(e). | A person who files a petition under this section is not required to pay a filing fee. Ind. Code Ann. § 35-38-9-1(e). | A person must pay the filing fee required in civil cases. The court can reduce or waive this fee if the person is indigent. Ind. Code Ann. § 35-38-9-8(d). | A person must pay the filing fee required in civil cases. The court can reduce or waive this fee if the person is indigent. Ind. Code Ann. § 35-38-9-8(d). | A person must pay the filing fee required in civil cases. The court can reduce or waive this fee if the person is indigent. Ind. Code Ann. § 35-38-9-8(d). | A person must pay the filing fee required in civil cases. The court can reduce or waive this fee if the person is indigent. Ind. Code Ann. § 35-38-9-8(d). | A person who files a petition under this section is not required to pay a filing fee. Ind. Code Ann. § 35-38-9-1(e). | A person who files a petition under this section is not required to pay a filing fee. Ind. Code Ann. § 35-38-9-1(e). | No surcharge or fee can be imposed if charges have been dismissed. K.S.A. § 22-2410(b). | 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). | 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). | No surcharge or fee can be imposed if the petitioner was arrested as a result of being a victim of identity theft, or if the charges were dismissed because the court found that there was no probable cause for the arrest. Otherwise, a petition for expungement should be accompanied by a $176 docket fee. The supreme court may impose an additional charge, not to exceed $19 per docket fee, to fund the costs of non-judicial personnel. K.S.A. § 22-2410(b). | 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). |
| Effect | The name of the identity theft victim is removed from all official records, and the records of the circuit court clerk are sealed. 20 ILCS 2630/5.2(b)(4). | The arrest records will be destroyed or returned to the person. State police and circuit court clerk's records can be sealed upon good cause shown. The person's name will be obliterated from the circuit court clerk's index. 20 ILCS 2630/5.2(b)(6); 730 ILCS 5/5-5-4. | Arrest records destroyed or returned to the person. The state police and circuit court clerk's records will be sealed if good cause can be shown. The person's name will be obliterated from the circuit court clerk's index. 20 ILCS 2630/5.2(8); 735 ILCS 5/2-702(h). | No information about the arrest or criminal charge may be retained in the state central repository for criminal history information. Ind. Code Ann. § 35-38-9-1(h). | No information about the arrest or criminal charge may be retained in the state central repository for criminal history information. Ind. Code Ann. § 35-38-9-1(h). | Disclosure of the expunged records is prohibited without a court order, except under the circumstances specified in section 35-38-9-6. Ind. Code Ann.§ 35-38-9-6. However, upon a subsequent arrest or conviction for an unrelated offense, the prior expunged conviction may be considered for the purposes listed under § Ind. Code Ann. 35-38-9-10(e). | Disclosure of the expunged records is prohibited without court order, except under the circumstances specified in section 35-38-9-6. Ind. Code Ann.§ 35-38-9-6. However, upon a subsequent arrest or conviction for an unrelated offense, the prior expunged conviction may be considered for the purposes listed under § Ind. Code Ann. 35-38-9-10(e). | Court records and other agency records, including any records relating to the conviction and any records concerning a collateral action, have been marked as expunged remain public records. remain public, but are marked as "expunged." Ind. Code Ann. § 35-38-9-7. However, upon a subsequent arrest or conviction for an unrelated offense, the prior expunged conviction may be considered for the purposes listed under § Ind. Code Ann. 35-38-9-10(e). | Court records and other agency records, including any records relating to the conviction and any records concerning a collateral action, have been marked as expunged remain public records. remain public, but are marked as "expunged." Ind. Code Ann. § 35-38-9-7. However, upon a subsequent arrest or conviction for an unrelated offense, the prior expunged conviction may be considered for the purposes listed under § Ind. Code Ann. 35-38-9-10(e). | No information about the arrest or criminal charge may be retained in the state central repository for criminal history information. Ind. Code Ann. § 35-38-9-1(h). | No information about the arrest or criminal charge can be retained in the state central repository for criminal history information. Ind. Code Ann. § 35-38-9-1(h). | 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 will make the records available for purposes specified in section 22-2410(f). K.S.A. § 22-2410 (d)-(h). | 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 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 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). | Person is treated as if they were never arrested and can say so. The records custodian will not disclose them. K.S.A. § 22-2410(d), (f), (g), (h). | 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). |
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