Kansas - Expungement

What is Expungement?

Kansas offers expungement of some adult criminal records. In Kansas, an expunged record is hidden from public view, not destroyed. Private employers, landlords, and banks cannot see an expunged record. Only authorized agencies and courts have access to expunged information.

Who is Eligible for Expungement?

In general, you are eligible for expungement in Kansas if:

You have not been convicted of a felony in the last two years; and
You do not have any proceeding involving a crime currently pending against you.

You may also be eligible for expungement if, in the judgement of the court:

Your circumstances and behavior warrant expungement; and
The expungement is consistent with the public welfare.

Certain crimes cannot be expunged in Kansas. For a list of crimes that are not eligible for expungement, see the Kansas Legal Services website here: Facts About Expungement in Kansas.

If you are uncertain whether you are eligible for expungement, consult with an attorney.

What Effect Does Expungement Have?

Once a Kansas court grants an expungement, the court orders the Kansas Bureau of Investigation (KBI) to notify the FBI and any other criminal justice agencies. Only certain state agencies and criminal courts have the authority to access the expunged record. The court may also specify other circumstances under which the expunged record must be disclosed.

When Can I Apply for Expungement?

You can apply for expungement after the applicable waiting period. For a list of waiting periods, visit the Kansas Legal Services website here: Chart of Eligibility for Expungement.

For juvenile records, you may apply for expungement either after two years or when you turn 23 years of age.

How Do I Apply for Expungement?

Here are the 14 steps to apply for expungement of an Arrest Record only:

Complete a "Criminal Cover Sheet" to give to the Clerk of the Court when you file your petition. To access the Criminal Cover Sheet, visit the Kansas Judicial Council’s website here: Criminal Cover Sheet.
Complete the "Petition for Expungement of Arrest Record." To access the Petition for Expungement of Arrest Record, visit the Kansas Judicial Council’s website here: Petition for Expungement of Arrest Record.
File the original petition and required number of copies with the Clerk of the Court in the county in which you were arrested. Ask the Clerk how many copies are required.
Pay the $176.00 docket fee. There may also be a service fee of up to $19.00 for non-judicial personnel. The fee is usually included when you file the petition with the court clerk. You can have the fee waived if the arrest was the result of identity theft, you were found not guilty, or the charges have been dismissed.
Obtain the case number from the Clerk of the Court if the Petition is not filed under an existing case number.
Ask the Clerk of the Court or the Judge's administrative assistant for a hearing date.
Complete the "Notice of Hearing." To access the Notice of Hearing, visit the Kansas Judicial Council’s website here: Notice of Hearing.
Make two additional copies.
File the original notice and copies with the Clerk of the Court. They will send a copy to the office of the prosecuting attorney and the arresting law enforcement agency.
Complete the "Order of Expungement of Arrest Record Cover Sheet." To access the Petition for Expungement of Arrest Record, visit the Kansas Judicial Council’s website here: Order of Expungement of Arrest Record Cover Sheet.
Complete paragraphs numbered 1 through 4 of the "Order for Expungement of Arrest Record." To access the Order for Expungement of Arrest Record, visit the Kansas Judicial Council’s website here: Order for Expungement of Arrest Record.
Complete paragraphs numbered 1 through 4 of the Order "Denying Expungement of Arrest Record." To access the Order Denying Expungement of Arrest Record, visit the Kansas Judicial Council’s website here: Order Denying Expungement of Arrest Record.
Bring the Order of Expungement of Arrest Record Cover Sheet, Order for Expungement of Arrest Record, and Order Denying Expungement of Arrest Record to the hearing.
Attend the hearing and answer any questions the court may have.

Here are the 13 steps to apply for expungement of a Conviction of Diversion:

Complete a "Criminal Cover Sheet" to give to the Clerk of the Court when you file your petition. To access the Criminal Cover Sheet, visit the Kansas Judicial Council’s website here: Criminal Cover Sheet.
Complete the "Petition for Expungement of Conviction or Diversion." Be sure to read all the instructions. To access the Petition for Expungement of Conviction or Diversion, visit the Kansas Judicial Council’s website here: Petition for Expungement of Conviction or Diversion.
File the original petition and required number of copies with the Clerk of the Court in the county in which you were arrested. Ask the Clerk how many copies are required.
Pay the $176.00 docket fee. There may also be a service fee of up to $19.00 for non-judicial personnel.
Ask the Clerk of the Court or the Judge's administrative assistant for a hearing date.
Complete the "Notice of Hearing." To access the Notice of Hearing, visit the Kansas Judicial Council’s website here: Notice of Hearing.
Make two additional copies.
File the original notice and copies with the Clerk of the Court. They will send a copy to the office of the prosecuting attorney and the arresting law enforcement agency.
Complete the "Order of Expungement of Conviction or Diversion Cover Sheet." To access the Petition for Expungement of Conviction or Diversion, visit the Kansas Judicial Council’s website here: Order of Expungement of Conviction or Diversion Cover Sheet.
Complete paragraphs numbered 1 through 4 of the "Order for Expungement of Conviction or Diversion." To access the Order for Expungement of Conviction or Diversion, visit the Kansas Judicial Council’s website here: Order for Expungement of Conviction or Diversion.
Complete paragraphs numbered 1 through 4 of the "Order Denying Expungement of Conviction or Diversion." To access the Order Denying Expungement of Conviction or Diversion, visit the Kansas Judicial Council’s website here: Order Denying Expungement of Conviction or Diversion.
Bring the Order of Expungement of Conviction or Diversion Cover Sheet, Order for Expungement of Conviction or Diversion, and Order Denying Expungement of Conviction or Diversion to the hearing.
Attend the hearing and answer any questions the court may have.

The Court will review your petition. The court will grant the petition if the Court finds the petitioner has not been convicted of a felony in the past two years and no proceeding is presently pending against the petitioner; the circumstances and behavior of the petitioner warrant the expungement; and the expungement is consistent with the public welfare.

More Information About Expungement

For more information about expungement, call the Kansas Bureau of Investigation at (785) 296-0915.

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