Expunging or Sealing a Felony in Kansas

Lower-level felonies (class D or E, nondrug severity levels 6-10, nongrid felonies, and lower drug levels) may be expunged three years after the sentence is satisfied or supervision ends. Higher-level felonies (class A, B or C, off-grid, nondrug levels 1-5, upper drug levels) and felonies involving a motor vehicle require five years. Never eligible: rape, indecent liberties with a child, aggravated criminal sodomy, sexual exploitation of a child, child pornography trafficking, aggravated incest, endangering or abuse of a child, capital or first- or second-degree murder, voluntary or involuntary manslaughter, sexual battery of a minor, aggravated sexual battery, commercial-vehicle DUI, and attempts of these; and no expungement while sex-offender registration is required. For a felony, the court must also find that the person's possession of a firearm is not likely to threaten public safety.

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.

After expungement the person is treated as not having been arrested, convicted or diverted, and record custodians may not disclose the record except to listed requesters. The person must still disclose the expunged record when asked in certain applications, including law enforcement employment, admission to the practice of law, private detective and security work, gaming and lottery jobs or licenses, securities registration, bail enforcement licensing, and commercial driver's licenses. An expunged conviction can count as a prior conviction for sentencing later. An expunged record may not be the basis for denying a concealed-carry license, and the law also addresses restoration of firearm rights. Immigration authorities may treat expunged convictions differently.