How to 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.

The statutory docket fee for a petition to expunge a conviction, diversion, arrest record or juvenile record is $176. The court may waive all or part of the fee for people who completed a specialty court program, and no fee applies to arrest expungement for identity-theft victims or when a court found no probable cause for the arrest.

Any person arrested in Kansas may petition the district court to expunge the arrest record. The court holds a hearing (with notice to the prosecutor and arresting agency) and must order expungement if the arrest was due to mistaken identity, a court found no probable cause, the person was found not guilty, or expungement is in the best interests of justice and charges were dismissed or none have been or are likely to be filed. In mistaken-identity or identity-theft cases where the charge is dismissed or not prosecuted, the prosecutor must petition for expungement. Completed diversion agreements can be expunged three years after the terms were fulfilled (five years for a first DUI diversion).

The Kansas Bureau of Investigation (KBI), Criminal History Records Section, keeps the Kansas central repository. For your complete record (including arrests without convictions, diversions, expungements and juvenile data), have your fingerprints taken on an FBI Personal Identification card (FD-353, or FD-258 if unavailable) by local police or sheriff (who may charge a fee) or by the KBI in Topeka by appointment ($10, no cash, 785-296-4038); write a letter identifying yourself, stating your reason and giving the mailing address for the response; and mail it with the $45.00 fee (check or money order) to Kansas Bureau of Investigation, Attn: Criminal History Records Section, 1620 SW Tyler, Topeka, KS 66612-1837 (do not crease or staple the card). An online name-based check ($30.00) shows only adult convictions. Errors can be corrected by letter to the same address with supporting documents.