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Kansas

Adult Criminal Record Clearance Overview

Adult criminal records for cases in which you were convicted are eligible for expungement in some situations. You have to file a petition in court to start the process, and it is up to the judge whether or not to grant your petition.   

  • If you were convicted of certain infractions, misdemeanors, or Class D or E felonies, the record can be expunged three years after you complete your sentence or the court discharges you. 
  • If you were convicted of or entered a diversion agreement for prostitution, and you can prove that another person was coercing you, the record can be expunged one year after you complete your sentence or the court discharges you. 
  • If you were convicted of Class A, B, C felonies, the record can be expunged five years after you complete your sentence or the court discharges you. 
  • If you were convicted for the first time of driving under the influence or refusing to submit to a drug or alcohol test, the record can be expunged five years after you complete your sentence or the court discharges you. 
  • If you were convicted for the second time of driving under the influence or refusing to submit to a drug or alcohol test, the record can be expunged 10 years after you complete your sentence or the court discharges you. 

With certain exceptions, if you successfully completed a diversion agreement, the record can be expunged after you complete the terms of your agreement. You have to file a petition in court to start the process, and it is up to the judge whether or not to grant your petition. 

  • If you were convicted of or entered a diversion agreement for prostitution, and you can prove that another person was coercing you, the record can be expunged one year after you complete your sentence or the court discharges you. 
  • If you have successfully completed a diversion agreement your record can be expunged by the court three years after the terms of the diversion agreement were fulfilled. 

Adult criminal records for arrests for which you were never convicted are eligible for expungement. You have to file a petition in court to start the process.   

  • If you were arrested without probable cause or because of mistaken identity, the record can be expunged immediately. If you meet the criteria, the judge has to grant your petition. 
  • If you were arrested but the charges were dismissed, the record can be expunged immediately. It is up to the judge whether or not to grant your petition. 
  • If you were arrested and charged but found not guilty, the record can be expunged immediately. If you meet the criteria, the judge has to grant your petition. 
  • If you were arrested for traffic, cigarette, or tobacco infractions, the record can be expunged by the court three years after discharge or sentence completion. 

Adult Criminal Record Clearance Policies

    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).
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    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).
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    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).
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    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).
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    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).
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    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).
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    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).
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    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).
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    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).
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    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).
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    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).
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    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).
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    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).
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    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).
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    Juvenile Record Clearance Overview

    Below is a general overview of when juvenile records can be expunged in Kansas. Please note that the Clean Slate Clearinghouse does not provide legal advice.  

    Read the legal policies and statutes for detailed statutory information.  

    Juvenile Record Clearance Policies Overview 

     

     

    • Most juvenile records can be expunged one to two years after your case, probation, or placement ends. You have to submit a request to the court to start the process, and it is up to the judge whether or not to grant your request. 
    • You may be able to get your record expunged earlier if your record is for certain prostitution-related offenses or for another offense that happened because you were a victim of human trafficking. You have to submit a request to the court to start the process, and it is up to the judge whether or not to grant your request.
    • You may not be eligible for expungement if you have certain convictions or adjudications on your record, have a pending criminal or juvenile case, or must register as a sex offender.    

      Find a Lawyer  

    If you think you might be eligible to have your record expunged, find a lawyer who may be able to help you. Some lawyers might help you for free, although you may still need to pay a fee to file the paperwork in court.  

    Court Forms and Resources  

    If you cannot find a lawyer to help you, you may be able to file a petition on your own using these court forms and resources. 

     

     

    Juvenile Record Clearance Policies

      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.
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      A record or file relating to certain adjudications can be expunged. K.S.A. 38-2312.
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      A record or file relating to being a victim of human trafficking can be expunged. K.S.A. 38-2312.
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      Find A Lawyer

      Legal service providers located in the state.

      Contact information for legal aid organizations, bar associations, and other organizations that engage in record clearance work is provided for informational purposes only. The NRRC does not endorse or recommend any organization or individual referenced on the site. If you are a legal service provider who offers record clearance services, please contact us.