Sealing and Expunging Criminal Records in Kansas

The Kansas judicial system presumes all accused persons are innocent until proven guilty. However, a criminal record is typically created once an individual is accused and apprehended by a law enforcement officer in the state. These records are accessible to interested state residents. Open criminal records may sometimes result in the inability to access social aid, as well as employment, housing, and financial loans. In Kansas, eligible residents may be able to have their criminal history records expunged or sealed.

An expunged record typically does not appear on the statewide repository maintained by the Kansas Bureau of Investigation. However, not all crimes may be expunged in the state of Kansas. The Kansas expungement law lists all the crimes and describes the criteria for restricting a record from public view.

The Difference Between Sealing and Expunging Criminal Records

The terms sealing and expunging have separate meanings. While a sealed record is a partial removal of criminal history records from the public, expungement is the complete erasure of a criminal history file from the record custodian’s database. In Kansas, there is no difference between a sealed and an expunged record. The only alternative to expungement in Kansas is obtaining a state pardon from the Governor. State clemency or pardon is granted by the Governor on the advice of the prisoner review board. A pardon does not expunge or seal the conviction record. However, just like expungement, state clemency may restore the rights of the ex-convict.

How to Seal a Criminal Record in Kansas

Not all records may be sealed in Kansas. Selected arrest records, records of trials that resulted in acquittal, and records of dropped or dismissed charges may be eligible for sealing. Individuals convicted of a crime may also get their records sealed, provided they have completed their sentences and paid all fines. Also, the convict must have completed the three-year or five-year waiting period. Note that record sealing is not open to:

• Sex offenders
• Convictions for murder or manslaughter
• Child abuse and all other offenses listed under K.S.A. § 21–6614(e).

According to K. S. A. 12–4516 (g), eligible persons may initiate the process of expungement by submitting a petition to the criminal court. The petition should contain important details such as:

• The name of the applicant. More preferably, the name of the applicant at the time of the arrest or conviction.
• The applicant’s date of birth, sex, and race
• The type and date of the offense committed.
• The law enforcement agency, prosecutor, and court that pronounced the verdict.

Requestors must be informed that municipal courts in Kansas may charge a petition fee. After filing the petition, the court typically verifies the eligibility status of the applicant. A hearing date is typically chosen where persons with information about the applicant may testify. The court may also go through reports about the applicant from the prisoner review board or the Kansas Department of Corrections.

Once the court grants the expungement, the court clerk typically mails a copy of the certified order of expungement to the Kansas Bureau of Investigation (KBI). The law enforcement agency typically processes the expungement within two or four weeks. The department typically also updates its public database and informs all necessary public agencies of the new developments.

What Crimes May Be Expunged in Kansas?

Selected arrest records and records of criminal trials in which the alleged offender was acquitted are eligible for expunction. Furthermore, offenders convicted for minor crimes such as traffic infractions, misdemeanors, class D or E felonies, and drug-related felonies may have their records restricted on request. However, these expungement requests may only be made three years after the offender’s sentence is complete.

Severe offenses, such as convictions of class A, B, and C felonies, perjury, and vehicular homicide, may be expunged. The expungement is typically granted five years after the date of the conviction. Fines, jail, and probation sentences must have been completed before expunging this criminal history.

Can a Felony be Expunged in Kansas?

Kansas provides an avenue to expunge convictions and arrest records, but this is subject to specific limitations. According to Kansas law, many nonviolent and lower-level felonies may be expunged after predetermined waiting periods.

Under Kansas’ Statutes (K.S.A. § 21-6614), individuals convicted of nonviolent, lower-level felonies (for example, severity level 6-10 non-drug felonies or equivalent drug felonies) may apply for expungement three years after completing the terms of their sentence, including probation, parole, or conditional release. More serious offenses, such as severity level 1-5, require a five-year waiting period after completion of the sentence. These time limitations also apply to diversion agreements or deferred sentences after all requirements are met.

The statute excludes violent crimes (e.g., murder, manslaughter), sexual offenses, or felonies requiring registration under the Kansas Offender Registration Act. Certain driving-under-the-influence convictions and public-safety offenses are also barred or subject to extended waiting periods.

The court must also determine that the behaviour of the applicant demonstrates rehabilitation and good character, and if the expungement aligns with public welfare. If new criminal charges, unpaid restitutions, or other factors suggest harm to public interest, a petition may be denied.

How to Expunge Criminal Records in Kansas

In Kansas, the terms ‘expungement’ and ‘sealing’ are used interchangeably, and the procedures for each of these processes are largely identical. However, expunging a record in Kansas only removes the document online or from other public platforms. According to the law, the record is still open to approved agencies listed under K.S.A. § 21–6614(l).

Do Sealed Records Show up in Kansas Background Checks?

No, online background checks and other public platforms are restricted from including an expunged criminal file. Authorized persons with exclusive access to the file must state their reasons, which must align with the Kansas expungement law. During a job interview, individuals whose criminal history records have been expunged may deny taking part in a crime.

Who May See Sealed Criminal Records in Kansas?

Sealed Criminal records in Kansas are not destroyed. However, state residents cannot access this record online. As stated under K.S.A. § 21–6614(l), documents that have been expunged are still accessible to:

• The record holder
• Private patrol operator or private detective agency
• The state police
• School and health-care officials
• Financial institution
• Real Estate companies
• State agencies such as the Kansas Sentencing Commission, the Kansas Lottery, the Kansas Racing and Gaming Commission, the Kansas Department for Aging and disability services, the Kansas Securities Commissioner, the Attorney General, etc

How may I Get My Record Expunged for Free in Kansas?

Although a district court may waive the filing fee, most petitions incur additional expenses. Under K.S.A. § 21-6614, counties may charge a docket fee of up to $195. Furthermore, applicants typically pay an additional $20-$80 for certified copies, background checks, or other administrative expenses, many of which are non-refundable if the petition is denied. The process generally requires:

• Confirmation of eligibility under K.S.A. § 21-6614.
• Completing the petition forms provided by the Kansas Judicial Council.
• Filing the petition with the district court, attaching a fee-waiver request if required.
• Attending scheduled hearing(s); prior to rendering a decision, the court typically considers rehabilitation evidence and legal criteria.

Applicants are expected to provide the following before filing a petition:

• Full legal name, date of birth, and Social Security number.
• The case number and county where it was filed.
• The date of arrest and the final outcome.

This information is usually available from the District Court Clerk in the county where the case was handled or through the Kansas Bureau of Investigation (KBI) criminal history records (KBI Criminal History Record Check).

How to Obtain Sealed Records in Kansas

The Kansas Bureau of Investigation maintains criminal history records. The records are restricted from the public after the court notifies the department of the expungement. However, authorized persons such as approved state agencies and the record-holder may have access to the sealed criminal record. Typically, agencies seeking to obtain the record need a court order. This is granted by the criminal court, where the order of expungement was given. Record holders may also be able to get the file by submitting a mail request and a personal identification fingerprint card. Requests typically contain:

• The name of the record holder
• The purpose of the request
• The mail address of the record holder
• A $35 check or money order for processing the request

Completed mail request should be sent to:

Kansas Bureau of Investigation
Criminal History Records Section
1620 SW Tyler
Topeka, KS 66612–1837

Records that are considered public may be accessible from some third-party websites. Operating independently of any federal, state, or local agency, such websites may simplify the search process as they are not limited by geographic location. In addition, third-party sites typically have search engines that may be used for filtering specific or multiple records. To use third-party or government websites, interested parties may need to provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that the person resides in or was accused in

However, third-party sites are independent of government sources and are not sponsored by these government agencies. Because of this, record availability cannot be guaranteed.