What do I need to know about Expungement of a Criminal case in Kansas?


I am a criminal defense lawyer based out of Overland Park, Kansas. In this video, I am going to talk a little bit about expungement of a criminal offense. What an expungement does after it is finished is it will take down your record from public view. It will not lower your criminal history score if you are charged with a new crime. It will not hide your record from law enforcement. It is only to take down your record in the civil context. When a person wants to get an expungement, they will draft a Petition for Expungement. They will have to pull their old criminal file and will pull out specific things from their file and put that in their petition. That petition has to be verified, signed and sworn in front of a notary that everything in that petition is accurate. Once the person has completed the petition, you are going to send it to the district attorney’s office, or the city prosecutor’s office if you are trying to get an expungement in a municipal court. That agency will have an amount of time to essentially review the petition and say whether they want to sign off on it, basically if they want to agree to let you get the petition granted. If the petition is signed off on by the court, then generally the judge is going to look at that favorably when they consider whether you are going to get the expungement granted. If the district attorney’s office or city prosecutor’s office does not want you to have this expungement, then your case stops right there. You will get notice from that prosecutor’s office and then you will have to request a hearing on the matter. You would go in front of the judge and it will be your burden to prove that you should get your expungement granted. Now, expungements aren’t for everyone. It is going to be based on the charge in which you were convicted of. Certain charges cannot be expunged. But the vast majority can. You will fall into one of four groups. The first is an inexpungable crime. The second is second or third time DUI’s which are a ten-year waiting periods. Ten years after which your case is concluded. The third group is for more serious crimes, like felonies are a five-year waiting period. The fourth group is going to be people that have to wait 3 years. Those are for almost all misdemeanors and the lower level felony charges. Remember that time frame begins to run after your case is completed. If you are trying to get an expungement and you need help, you need to sit down with a criminal defense lawyer that has experience, feel free to contact my office at 913-732-3014.
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