Kansas Motion for New Trial for Purpose of Expunging Criminal Record

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Multi-State
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US-02609BG
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Description

Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

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FAQ

Your criminal conviction can be expunged if the required amount of time has passed and you have not been convicted of a felony in the past 2 years. Other felonies and motor vehicle offenses, such as driving while suspended, can be expunged 5 years after the completion of the sentence.

This program allows people to enroll in payment plans, schedule new court dates for outstanding warrants, and expunge old violations without the fear of arrest.

Kansas Statute 21-6613(a) provides that ?A person who has been convicted in any state or federal court of a felony shall, by reason of such conviction, be ineligible to hold any public office under the laws of the state of Kansas, or to register as a voter or to vote in any election held under the laws of the state of ...

§ 21-6304(a)(3), (4). Previously, the periods of dispossession were ten and five years. The 2021 amendments also made clear that either a pardon or an expungement restores firearms rights for all but those who lose rights for eight years. See HB2058, adding § 21-6304(c).

To request an expungement of arrest records, the Petitioner must submit to the Municipal Court Clerk's Office an original and one (1) copy of a Motion and Order. Only one arrest may be expunged in each original petition and a $90 filing fee with be assessed per arrest.

Whenever a person enters into a diversion agreement, the person shall be informed of the ability to expunge the diversion.

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Kansas Motion for New Trial for Purpose of Expunging Criminal Record