How Do I Get a Felony Expunged in Kansas?
- 1). Determine if your felony conviction is eligible for expungement. Some felonies stay on your record no matter what. If you were convicted for committing or attempting murder, manslaughter or a sexual offense, you cannot petition for expungement of those records.
- 2). Determine if enough time has passed since you completed your sentence. Times vary depending on the particular crime. To ensure appropriate sentencing, Kansas uses a 10-level grid system to classify felonies based on their severity, where the lower the number, the more severe the crime. Drug crimes have a separate four-level grid that follows the same logic.
For non-drug felonies from 6 to 10 on the severity scale, or level 4 drug felonies, you can petition the court that convicted you three years after you finished your sentence.
For non-drug felonies from 1 to 5 on the severity scale, or level 1 to 3 drug felonies, you must wait five years after the completion of your sentence. This also applies to "off-grid" felonies outside Kansas' grid scheme, but most of those crimes are not eligible for expungement. - 3). File a "Petition for Expungement" with the court that convicted you. Your petition must include your full name at the time of conviction; your sex, race and date of birth; information about the felony you want expunged, including the date of conviction; and information about the convicting court. Include the $100 docket fee. The court will schedule a hearing to consider your petition.
The Kansas Judicial Council provides approved expungement petition forms on its website. - 4). Attend the expungement hearing. The court will decide whether "the circumstances and behavior of the petitioner warrant the expungement," and whether it serves the public interest to wipe your slate clean. If so, the court will grant an expungement order.
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