In Municipal Court, if you are found not guilty, if your case is dismissed, or if you are convicted, you may petition for expungement. Expungement means that the case information will be considered "erased" and the public will not have access to the information, except in certain situations.
You can petition for expungement of most city ordinance convictions after three years if you have satisfied the sentence imposed.
- Expungement petition request form (.pdf file)
The time frame is five years for convictions, including leaving the scene of an accident, driving on a suspended license, and failing to maintain insurance liability (Pursuant to state law, driving under the influence convictions may no longer be expunged).
Once you have petitioned for expungement, the court will set a hearing date and send a notice to the prosecutor. Anyone who has relevant information about you may testify at the hearing. The court may look into your background and will be given access to any reports or records that may be on file with the Secretary of Corrections or the Kansas Adult Authority.
At the hearing, your case information may be expunged if the court finds:
- You have not been convicted of a felony in the last two years and no criminal proceedings are currently pending or being instituted.
- Your behavior and circumstances warrant it.
- Expungement is consistent with the public welfare.
- You are convicted of another crime. In that case, the conviction that was expunged can be viewed as a prior conviction at sentencing.
- You apply for admission, or for an order of reinstatement to the practice of law in this state.
- You apply for employment with a criminal justice agency, private detective agency, private patrol agency, or with the Department of Social and Rehabilitation Services.
- You apply for a job with the Kansas Lottery or Racing commissions.
- You apply for a commercial driver's license.
- Other circumstances as determined by the judge.