To ease the expungement process, his office has posted much of the necessary paperwork online. It's one more way, he says, to help people of all income-levels take advantage of the legal maneuver. People without internet access can use one of several computers in the Wyandotte County Courthouse's "help room. Several other counties in Kansas have had similar events, including Leavenworth, Douglas and Sedgwick, according to Dupree. He won't offer a guess as to how many people might take advantage of the free resource, but says a one-day event in Sedgwick County had to turn people away.
Listen to the entire conversation here. Luke X. Contact him at luke kcur. The highway interchange at I and the Turner Diagonal in Kansas City, Kansas, will soon get a new look that city officials say is decades overdue. The head of the state public defender's office in Kansas City testified Thursday that public defenders labor under excessive caseloads and are unable to fulfill their ethical obligations to their clients.
During a nearly hour-long proceeding in Jackson County Circuit Court, Ruth Petsch, who oversees the biggest public defender office in Missouri, occasionally broke down in tears as she discussed the pressures her attorneys face because of what she described as unmanageable caseloads. Listen Listening When Viyolla Matok came out of her C-section at Research Hospital back in January, she heard something no new parent wants to hear. A pardon does not erase the crime you committed, but it does provide an official notice that you have been forgiven for that crime.
You will still need to disclose information about past criminal activity when required, but a pardon will offset the impact of that record to some degree. The single biggest benefit of a successful expungement is that you can truthfully and legally say you were never arrested, accused or charged with a crime. It is as if the entire incident never happened and restores you to your state in life before you were ever arrested, charged or convicted. When you apply for a job, or if you are already working for an employer, they are not allowed to ask about an expunged conviction.
It cannot be used against you in any employment decision either. An expunged conviction will also not show up in most all employer background checks as well. In addition, many landlords not only run credit checks, but criminal background checks as well. The same also applies when making an application for a mortgage or a credit card in some cases as well. Expungement and related actions regarding court records are handled at a state level, so each state will have different guidelines, processes and procedures. However, there are some aspects of expungement that are common in most all states:.
Two Locations To Serve You
In all cases, to be eligible for consideration of having records expunged, a person will need to meet several criteria. Those criteria may include:. Minors vs.
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Most states treat the expungement of records for minors differently than they do for adults. In some states, the expungement of records for minors is even mandatory. Many states also seal records of minors automatically and immediately. The premise is to not have a youthful offender suffer the consequences of a legal record follow them around into adulthood, negatively impacting them for an extended period of time. The process. With few exceptions, and if all conditions are met, the expungement process will typically start by filing an application or a petition for an expungement.
A prosecutor may challenge the expungement by filing an objection before your expungement hearing. Possible reasons for denial. While reasons may vary from state to state, some things that may cause an expungement petition to be denied may include:. Expungement proceedings almost always take place at the state level.
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There is no federal law governing expungements. Each state, however, has its own qualifications and procedures for expungement, usually requiring a waiting period and a low level of severity to the offense.
Kansas Expungement Law – Expungement
Once expungement is granted, states differ in whether they will seal or destroy the record. A sealed record may remain available to a law enforcement agency, but unavailable to the public. If a record is destroyed, all relevant documentation is removed from the state court system. Many states allow for some felony convictions to be expunged. Serious felonies—including sexual offences such as rape or child pornography, or other violent crimes—are almost never eligible for expungement. Generally, a petition for expungement must be filed with the court that convicted you of the felony.
The process can be lengthy and sometimes complicated, more so with felonies than with misdemeanors. Ultimately, it is up to the judge to decide whether expungement is granted. The likelihood of clearing a misdemeanor from your record will vary from state to state. Less serious misdemeanors, especially if they are a first offense, are not usually too hard to clear. Generally all it takes is filling out the proper paperwork check with the court in which the conviction occurred , and possibly making a court appearance.
More serious misdemeanors, however, can be closer in nature to felony crimes.
Expungement and Expunction in Kansas
Some states prohibit any expungement of DUI convictions. Most states that do consider expungement for a DUI require that the DUI sentence must have involved probation only, no jail time. In addition, all provisions of the DUI probation must have been fulfilled, and there cannot be any other criminal charges pending. A DUI case affects not only your criminal record, but your driving record as well. The criminal case is separate from the administrative or civil case. Expungement does not apply to your driving record, and will not affect a license restriction or other matters handled by the Department of Motor Vehicles or equivalent state agency.
An attorney experienced in both DUI arrests and expungement might be able to help you clean up both your criminal and your driving record.
Expungement Definitions and Types
The most reliable place to obtain a full criminal history is from the FBI. This summary will include all fingerprint submissions and related data reported to the FBI by state and local law enforcement agencies. Citations and fines may or may not appear depending on whether they were reported to the federal authorities. If the fingerprint submissions are related to an arrest, the Identity History Summary includes the name of the law enforcement agency that submitted the fingerprints to the FBI, the date of the arrest, the arrest charge, and the disposition of the arrest, if known.
Only you may request a copy of your own Identity History Summary. The process is outlined on the FBI website in detail. You must fill out an application form , obtain a set of your fingerprints this service is usually offered at your local law enforcement agency , pay the fee, and mail in the required documents to the FBI CJIS Division. Current processing time is weeks.
This is a private business that has contracted with the FBI to submit your request on your behalf. An FBI-approved Channeler receives the fingerprint submission and relevant data, collects the associated fee s , electronically forwards everything to the CJIS Division, and gets the Identity History Summary back to you. Additional fees may apply above the FBI fee. Contact each Channeler for costs, processing times, and availability in your area. A quick Google search will turn up dozens of websites offering free criminal history reports.
Unfortunately, you tend to get what you pay for. To be sure you are looking at an official government website, check the end of the web address.