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Expungement

YOU HAVE DONE YOUR TIME.

YOU HAVE PAID FOR YOUR MISTAKES.

DON'T LET AN OLD CONVICTION HOLD YOU BACK.

EXPUNGEMENT DEFINITION

What is an expungement?  What does it mean to expunge a criminal record?  An expungement is the sealing of a criminal record for most public purposes.

HOW TO FILE A PETITION FOR EXPUNGEMENT

What happens after filing a petition for expungement?  A petition for expungement must be filed in the court of conviction.  Upon filing, the prosecutor and arresting agency must be notified.  Then, a hearing is set by the court.  Witnesses with relevant information may testify at the hearing.  The court will also have access to the petitioner's background information.  The court will then decide whether the circumstances warrant an expungement of the conviction, arrest record, or diversion.  If the petition is granted, the court will order the KBI to inform the FBI, Secretary of Corrections, and any other law enforcement agency of the expungement.

EXPUNGEMENT COSTS

What does an expungement cost?  How much will it cost to clear my record?  Every petition for expungement must be accompanied by a filing fee.  The fees typically range from about $100 to $200.  Of course, this amount depends on which court you are filing the petition for expungement in.

DOES AN EXPUNGEMENT HAVE TO BE DISCLOSED?

In certain circumstances, yes.  Following an expungement, the criminal record isn't destroyed.  Essentially, anytime the government wants to know about the prior conviction, it can.  For instance, an expunged conviction will count for criminal history purposes.

Prior arrests, convictions, or diversions, even if expunged, must be disclosed if:

  • applying for licensure as a private detective, private detective agency, certification as a firearms trainer, employment as a detective with a private detective agency, as security personnel with a private patrol operator, or with an institution of the Kansas Department for Aging and Disability Services;
  • applying for admission or reinstatement for the practice of law;
  • applying for employment with the Kansas Lottery, Kansas Racing Commission, state gaming agencies, tribal gaming commission;
  • applying for a commercial driver's license;
  • applying for registration in investment or financial advising activities;
  • applying as a law enforcement officer
  • applying to carry a concealed firearm
  • applying as a bail enforcement agent

It is always best to speak with your expungement attorney if an issue arises with possible disclosure of an expunged offense.

CAN A DUI CONVICTION BE EXPUNGED?

In short, yes.  Most crimes can be expunged.  Learn more about clearing a DUI a criminal record by clicking here.

CERTAIN CRIMES ARE INELIGIBLE FOR EXPUNGEMENT

If the crime conviction was one of the following, then the crime cannot be erased from the criminal record.

  • Rape
  • Indecent Liberties with a Child
  • Criminal Sodomy
  • Indecent Solicitation of a Child
  • Sexual Exploitation of a Child
  • Internet Trading in Child Pornography
  • Aggravated Incest
  • Endangering a Child
  • Abuse of a Child
  • Murder
  • Voluntary & Involuntary Manslaughter
  • Sexual Battery
  • Violations of K.S.A. 8-2,144

EXPUNGEMENT ATTORNEY

Fill out the form below.  Expungement Attorney Adam D. Stolte will briefly review your answers to determine whether you are facially eligible to petition the court for expungement.  Completion of the form should indicate whether you are statutorily eligible for expungement.  However, the decision whether to grant the diversion will be up to the judge.

Disclaimer: Completion of the form is for inquiry purposes only.  It does not create an attorney/ client relationship.

To see if you are eligible for expungement, please complete the following form. We will review your answers and get back to you.

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