Kansas Expungement Package

Category:

Criminal - Expungement

State:

Kansas

Control #:

KS-EXPCRI-01

Format:

Instant download

Understanding this form

The Kansas Expungement Package is a legal form used to request the expungement or sealing of criminal records in Kansas. This package is specifically designed for individuals who wish to remove certain convictions from their public records, thereby improving their prospects for employment, housing, and other opportunities. It consists of a petition and an order, which must be completed according to Kansas law, specifically K.S.A. 21-4619. This form differs from other legal forms by focusing exclusively on the expungement process within the state of Kansas.

Key components of this form

Petitioner's full name and details regarding the arrest.
Specifics of the offense charged, including case number and court information.
Eligibility criteria for expungement based on the nature of the conviction.
Affidavit in support of the petition.
Notice of hearing to the County Attorney.
Order of expungement from the court.

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When this form is needed

This form should be used when an individual has completed their sentence for a qualifying conviction and wishes to have their criminal records expunged or sealed. It is applicable to various situations including but not limited to: recovering from a past misdemeanor, clearing a traffic infraction, or when no felony convictions have occurred in the last two years. Using this form can provide a fresh start, allowing individuals to pursue jobs, housing, and other opportunities without the stigma of a criminal record affecting their chances.

Who can use this document

Individuals with a criminal record in Kansas who are seeking to expunge or seal their records.
Petitioners who have completed their sentence and meet the eligibility requirements for expungement.
Those who have not committed any felony offenses in the past two years.
Residents of Kansas who have experienced circumstances where the public availability of their arrest record may cause undue hardship.

Steps to complete this form

Fill out the Petitioner's full name, date of birth, and contact information at the top of the petition.
Provide details about the offense charged, including the date of the offense and where the arrest took place.
Indicate the case number, and describe the final disposition of the criminal charge.
Sign and date the petition, ensuring that it is notarized as required.
Submit the completed petition to the appropriate court and ensure service to the County Attorney.

Does this document require notarization?

Yes, this form must be notarized to be legally valid. This ensures that all signatures are authentic and that the petitioner is swearing to the truth of the information provided. Users can utilize US Legal Forms' integrated online notarization service, which is available 24/7 and provides a secure video call solution, avoiding the need for in-person visits.

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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.

Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.

Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.

If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.

We protect your documents and personal data by following strict security and privacy standards.

Mistakes to watch out for

Failing to meet the eligibility criteria for expungement, leading to a denied petition.
Not providing complete or accurate information on the form.
Missing the required signatures or notarization.
Not notifying the County Attorney of the petition in accordance with local rules.
Submitting the form without confirming that all necessary supporting documents are attached.

Benefits of completing this form online

Convenience of completing the form from home without legal fees for drafting.
Editability allows for easy corrections and updates to the form.
Access to professionally drafted legal text ensures compliance with Kansas laws.
Downloadable formats enable quick printing and filing.

What to keep in mind

The Kansas Expungement Package is essential for individuals seeking to remove criminal records in Kansas.
Filling out this form correctly is crucial for successful expungement.
Notarization and proper notification to relevant authorities are required steps.
This form can greatly enhance personal and professional opportunities for individuals with prior convictions.

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FAQ

Misdemeanor offenses stay on your criminal record for life unless you successfully petition the court for those records to be expunged or sealed.

Arrest records, criminal convictions, and juvenile adjudications can all be expunged in Kansas.

Online expungement is only available through Maryland expungement.com and not offered by a State or government website. This legal expungement service is particularly convenient for individuals who don't want to have to travel to the courthouse, obtain all the paperwork, drive home.

To have your record expunged, you must pay a filing fee of $195 for District Courts in Kansas (Usually between $50 and $200 for misdemeanor cases in City courts). The payment of this filing fee is required to petition the court. Victims and police are notified and given a chance to object.

Once the certified order of expungement is received at the KBI, it takes approximately 2-4 weeks to process the expungement and update the criminal history record. Expungements are processed in the order that they are received.

Expect to pay $100 to $600 in document processing and filing fees. If you feel you may have trouble coming up with the money to pay those fees, some states do offer free expungement services to indigent clients.

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Kansas Expungement Package

1. What is an expungement?
The process of legally destroying, obliterating or striking out records or information in files, computers and other depositories relating to criminal charges.
2. Do the records just "disappear"?
No. The records cannot be accessed for general law enforcement or civil use. Expunged juvenile records may be maintained as long as they don't contain identifying information. 38-1610. An expunged record may not be considered in employment matters, certification, licensing, revocation of certification or licensure, or registration, except for employment with detective and private security firms, state social services agencies, gambling-related entities, commercial driving license applications, and admission to state Bar, and other situations ordered by the court. Expunged records of may still be used as a prior conviction when applicable in subsequent sentencing. 12 4516, 22-2410, 21-4619.
3. What records may be expunged? Juvenile offender records and files, with the exception of certain more serious offenses specified. 38-2312. Conviction and related arrest records for violations of municipal ordinances 12-4516. The arrest record and subsequent court proceedings of those not tried or found guilty of charges 22-2410. Conviction or related arrest records of those completing probation or diversion programs for certain lesser offenses. 21-4619.
4. Who is eligible for an expungement?
1. In juvenile offender cases, a person who has reached 23 years of age or two years have elapsed since the final discharge of the person and has not been convicted of a felony or of a misdemeanor other than a traffic offense or a juvenile offender and no proceedings are pending. Certain serious offenses are excluded 38-2312.
2. A person arrested for a violation of a city ordinance if three or more years have elapsed since the person:
(A) satisfied the sentence imposed; or
(B) was discharged from probation, parole or a suspended sentence.
Also, a person without a felony in the past two years, is not currently charged with a crime, who has fulfilled the terms of a diversion agreement based on a violation of a city ordinance if three or more years have elapsed since the terms of the diversion agreement were fulfilled. A person may not petition for expungement until five or more years have elapsed since the person satisfied the sentence imposed or the terms of a diversion agreement or was discharged from probation, parole, conditional release or a suspended sentence, if such person was convicted of the violation of a city ordinance which would also constitute certain crimes under state statutes such as perjury and vehicular homicide: 12-4516.
3. A person arrested on a criminal charge when there was no probable cause for the arrest; the petitioner was found not guilty in court proceedings; or the expungement would be in the best interests of justice and
(A) Charges have been dismissed; or
(B) no charges have been or are likely to be filed. 22-2410.
4. a)(1) Except as provided in subsections (b) and (c), any person who hasn't had a felony in the past two years, is not currently charged with a crime, and was convicted in this state of a traffic infraction, cigarette or tobacco infraction, misdemeanor or a class D or E felony, or for crimes committed on or after July 1, 1993, nondrug crimes ranked in severity levels 6 through 10 or any felony ranked in severity level 4 of the drug grid, may petition the convicting court for the expungement of such conviction or related arrest records if three or more years have elapsed since the person: (A) Satisfied the sentence imposed; or (B) was discharged from probation, a community correctional services program, parole, postrelease supervision, conditional release or a suspended sentence.
(2) Except as provided in subsections (b) and (c), any person who has fulfilled the terms of a diversion agreement may petition the district court for the expungement of such diversion agreement and related arrest records if three or more years have elapsed since the terms of the diversion agreement were fulfilled.
(b) Except as provided in subsection (c), no person may petition for expungement until five or more years have elapsed since the person satisfied the sentence imposed, the terms of a diversion agreement or was discharged from probation, a community correctional services program, parole, postrelease supervision, conditional release or a suspended sentence, if such person was convicted of a class A, B or C felony, or for crimes committed on or after July 1, 1993, if convicted of an off-grid felony or any nondrug crime ranked in severity levels 1 through 5 or any felony ranked in severity levels 1 through 3 of the drug grid, or:
(1) Vehicular homicide, as defined by K.S.A. 21-3405, and amendments thereto, or as prohibited by any law of another state which is in substantial conformity with that statute;
(2) driving while the privilege to operate a motor vehicle on the public highways of this state has been canceled, suspended or revoked, as prohibited by K.S.A. 8-262, and amendments thereto, or as prohibited by any law of another state which is in substantial conformity with that statute;
(3) perjury resulting from a violation of K.S.A. 8-261a, and amendments thereto, or resulting from the violation of a law of another state which is in substantial conformity with that statute;
(4) violating the provisions of the fifth clause of K.S.A. 8-142, and amendments thereto, relating to fraudulent applications or violating the provisions of a law of another state which is in substantial conformity with that statute;
(5) any crime punishable as a felony wherein a motor vehicle was used in the perpetration of such crime;
(6) failing to stop at the scene of an accident and perform the duties required by K.S.A. 8-1602, 8-1603 or 8-1604, and amendments thereto, or required by a law of another state which is in substantial conformity with those statutes;
(7) violating the provisions of K.S.A. 40-3104, and amendments thereto, relating to motor vehicle liability insurance coverage; or
(8) a violation of K.S.A. 21-3405b, prior to its repeal.
(c) There shall be no expungement of convictions for the following offenses or of convictions for an attempt to commit any of the following offenses: (1) Rape as defined in K.S.A. 21-3502, and amendments thereto; (2) indecent liberties with a child as defined in K.S.A. 21-3503, and amendments thereto; (3) aggravated indecent liberties with a child as defined in K.S.A. 21-3504, and amendments thereto; (4) criminal sodomy as defined in subsection (a)(2) or (a)(3) of K.S.A. 21-3505, and amendments thereto; (5) aggravated criminal sodomy as defined in K.S.A. 21-3506, and amendments thereto; (6) indecent solicitation of a child as defined in K.S.A. 21-3510, and amendments thereto; (7) aggravated indecent solicitation of a child as defined in K.S.A. 21-3511, and amendments thereto; (8) sexual exploitation of a child as defined in K.S.A. 21-3516, and amendments thereto; (9) aggravated incest as defined in K.S.A. 21-3603, and amendments thereto; (10) endangering a child as defined in K.S.A. 21-3608, and amendments thereto; (11) aggravated endangering a child, as defined in K.S.A. 21-3608a, and amendments thereto; (12) abuse of a child as defined in K.S.A. 21-3609, and amendments thereto; (13) capital murder as defined in K.S.A. 21-3439, and amendments thereto; (14) murder in the first degree as defined in K.S.A. 21-3401, and amendments thereto; (15) murder in the second degree as defined in K.S.A. 21-3402, and amendments thereto; (16) voluntary manslaughter as defined in K.S.A. 21-3403, and amendments thereto; (17) involuntary manslaughter as defined in K.S.A. 21-3404, and amendments thereto; (18) involuntary manslaughter while driving under the influence of alcohol or drugs as defined in K.S.A. 21-3442, and amendments thereto; (19) sexual battery as defined in K.S.A. 21-3517, and amendments thereto, when the victim was less than 18 years of age at the time the crime was committed; (20) aggravated sexual battery as defined in K.S.A. 21-3518, and amendments thereto; (21) a violation of K.S.A. 8-1567, and amendments thereto, including any diversion for such violation; (22) a violation of K.S.A. 8-2,144, and amendments thereto, including any diversion for such violation; or (23) any conviction for any offense in effect at any time prior to the effective date of this act, that is comparable to any offense as provided in this subsection. 21-4619.
5. A person arrested for violation of a city ordinance if (1) The arrest occurred because of mistaken identity;
(2) a court has found that there was no probable cause for the arrest;
(3) the petitioner was found not guilty in court proceedings; or
(4) the expungement would be in the best interests of justice and (A)charges have been dismissed; or (B) no charges have been or are likely tobe filed. 12-4516a
5. How do I get records expunged?
1. In juvenile offense cases, records may be expunged upon petition to a judge of the court of the county in which the records or files are maintained. The petition for expungement may be made by the person who is the juvenile offender or, if the person is a juvenile, by the person's parent or next friend. The petition shall state:
(1) The juvenile's full name;
(2) the full name of the juvenile at the time of the trial, if different than (1);
(3) the juvenile's sex and date of birth;
(4) the offense for which the juvenile was adjudicated;
(5) the date of the trial; and
(6) the identity of the trial court. There is no docket fee for filing a petition. A court hearing will be held and any person who may have relevant information about the petitioner may testify at the hearing. 38-2312.
2. A person arrested for violating a municipal ordinance may petition the convicting court for expungement of the conviction and related arrest records. The petition shall state:
(1) The defendant's full name;
(2) the full name of the defendant at the time of arrest, conviction or diversion, if different than the defendant's current name;
(3) the defendant's sex, race and date of birth;
(4) the crime for which the defendant was arrested, convicted or diverted;
(5) the date of the defendant's arrest, conviction or diversion; and
(6) the identity of the convicting court, arresting law enforcement agency or diverting authority.
A court hearing will be held. A municipal court may prescribe a fee to be charged as costs. Any person who may have relevant information about the petitioner may testify at the hearing. The court may inquire into the background of the petitioner and shall have access to any reports or records relating to the petitioner that are on file with the secretary of corrections or the Kansas parole board. 12-4516.
3. A person who has been arrested for a crime may petition the district court for the expungement of the arrest record. The court will set a date for hearing on the petition and give notice of the hearing to the prosecuting attorney and the arresting law enforcement agency. The petition must state:
(1) The petitioner's full name;
(2) the full name of the petitioner at the time of arrest, if different than the petitioner's current name;
(3) the petitioner's sex, race and date of birth;
(4) the crime for which the petitioner was arrested;
(5) the date of the petitioner's arrest; and
(6) the identity of the arresting law enforcement agency. There is no docket fee for filing the petition. Any person who may have relevant information about the petitioner may testify at the hearing. The court may inquire into the background of the petitioner. 22-2410.
4. A person convicted of a crime may petition the district court to expunge the conviction and any related arrest records. The petition must state:
(1) The defendant's full name,
(2) the full name of the defendant at the time of arrest, conviction or diversion, if different than the defendant's current name;
(3) the defendant's sex, race and date of birth;
(4) the crime for which the defendant was arrested, convicted or diverted;
(5) the date of the defendant's arrest, conviction or diversion; and
(6) the identity of the convicting court, arresting law enforcement authority or diverting authority.
There is no docket fee for filing the petition. All petitions for expungement will be docketed in the original criminal action. A court hearing will be held Any person who may have relevant information about the petitioner may testify at the hearing. The court may inquire into the background of the petitioner and will have access to any reports or records relating to the petitioner that are on file with the secretary of corrections or the Kansas parole board. 21-4619.

Kansas Expungement Package

Kansas Expungement Package

Understanding this form

Key components of this form

Related forms

When this form is needed

Who can use this document

Steps to complete this form

Does this document require notarization?

Get your form ready online

Mistakes to watch out for

Benefits of completing this form online

What to keep in mind

Looking for another form?

Form popularity

FAQ

Do misdemeanors go away in Kansas?

What felonies can be expunged in Kansas?

Can you file for expungement online?

How much does it cost to get your record expunged in Kansas?

How long does an expungement take in Kansas?

How much does expunging a record cost?

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Trusted and secure by over 3 million people of the world’s leading companies

Kansas Expungement Package

Understanding this form

Key components of this form

Related forms

When this form is needed

Who can use this document

Steps to complete this form

Does this document require notarization?

Get your form ready online

Mistakes to watch out for

Benefits of completing this form online

What to keep in mind

Looking for another form?

Form popularity

FAQ

Do misdemeanors go away in Kansas?

What felonies can be expunged in Kansas?

Can you file for expungement online?

How much does it cost to get your record expunged in Kansas?

How long does an expungement take in Kansas?

How much does expunging a record cost?

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