Clearing a DUI From Your Record in Kansas
Whether a DUI or DWI conviction can be expunged or sealed in Kansas, and what to do instead if it can't.
Short answer: Yes, with longer waits. A first DUI conviction or diversion (K.S.A. 8-1567) may be expunged five years after the sentence is satisfied or supervision ends; a second or later DUI requires ten years. Commercial-vehicle DUI (K.S.A. K.S.A. 21-6614(d), (e)(18), (i)(2)(F)
| DUI / DWI convictions | Yes, with longer waits. A first DUI conviction or diversion (K.S.A. 8-1567) may be expunged five years after the sentence is satisfied or supervision ends; a second or later DUI requires ten years. Commercial-vehicle DUI (K.S.A. 8-2,144), including any diversion for it, cannot be expunged. The person must disclose an expunged conviction when applying for a commercial driver's license. |
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| How to apply | File a petition in the original criminal case in the convicting court (arrest petitions in district court) stating the person's full name (and name at the time of arrest if different), sex, race and date of birth, the crime, the date of arrest, conviction or diversion, and the court and arresting agency. The court sets a hearing and notifies the prosecutor and arresting agency; anyone with relevant information may testify, and the court may review corrections and prisoner review board records. If granted, the clerk sends the order to the Kansas Bureau of Investigation, which notifies the FBI and other agencies. |
Where to get help in Kansas
More Kansas expungement & criminal records
- Getting a Copy of Your Kansas Criminal Record
- Expunging or Sealing a Felony in Kansas
- How to File for Expungement in Kansas
- Sealing or Expunging Juvenile Records in Kansas
- All Kansas expungement & criminal records rules
FAQ
Can a DUI be expunged in Kansas?
Yes, with longer waits. A first DUI conviction or diversion (K.S.A. 8-1567) may be expunged five years after the sentence is satisfied or supervision ends; a second or later DUI requires ten years. Commercial-vehicle DUI (K.S.A. 8-2,144), including any diversion for it, cannot be expunged. The person must disclose an expunged conviction when applying for a commercial driver's license.
How do you file for expungement in Kansas?
File a petition in the original criminal case in the convicting court (arrest petitions in district court) stating the person's full name (and name at the time of arrest if different), sex, race and date of birth, the crime, the date of arrest, conviction or diversion, and the court and arresting agency. The court sets a hearing and notifies the prosecutor and arresting agency; anyone with relevant information may testify, and the court may review corrections and prisoner review board records. If granted, the clerk sends the order to the Kansas Bureau of Investigation, which notifies the FBI and other agencies.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.