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| Indiana | Indiana | Indiana | Kansas | Kansas | Kansas | Kansas | Kansas | Kansas | Kansas | Kansas | Kansas | Kansas | Kansas | Kansas | Kansas | Kansas | Kansas | Kansas | Kansas | |
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| Clearance policy overview | An adjudication that resulted from being a child victim of human trafficking can be vacated by the court immediately. Ind. Code Ann. § 31-37-22-11(b). | State police records relating to juvenile history data will be sealed when the person turns 22 years old. Ind. Code Ann §10-13-4-13. | 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). | A record or file relating to an offense, which, if committed by an adult, would constitute a violation of Selling Sexual Relations (under section 21-6419) can be expunged. K.S.A. 38-2312. | 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). |
| Ineligible Category or Citation | Vacatur is not permitted if the delinquent act resulted in bodily injury to another person. Ind. Code Ann. § 31-37-22-11(b)(2). | The record will not be sealed if the person has been arrested for a reportable felony as defined in section Ind. Code § 10-13-3-18. See section Ind. Code § 10-13-4-13(a). | 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. | 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). | 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). |
| Clearance Process | Petition-based | Automatic | Automatic | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | 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. | The record will be sealed with the person reaches the age of 22. | 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 the final discharge. K.S.A. 38-2312(e)(1)(A)(ii). | 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. |
| 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). | 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). | 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). | 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). |
| Effect | The adjudication is vacated. | The department cannot release to or allow the inspection of sealed juvenile history data by any agency or person other than the person who is the subject of the juvenile history data, unless the person who is the subject of the sealed juvenile history data challenges its existence during a court proceeding and the court orders the release or inspection of sealed juvenile history data for purposes of the proceeding. Ind. Code Ann. § 10-13-4-13(b)-(c). | 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 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 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). |
| Remedy | Vacate | Seal | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge |
