Felonies, Misdemeanors, and Infractions in Kansas

The Kansas Justice system defines crime as any act or omission that legally confers upon convicted violators a sentence of death, imprisonment, fine, or both imprisonment and fine (K.S.A. 21-5102). There are four categories of crime in the state of Kansas:

• Felonies 
• Misdemeanors
• Traffic infractions 
• Cigarette or tobacco infractions

They have defined corresponding penalties in line with the Kansas penal code based on their respective gravity.

What is a Felony in Kansas?

A felony is a crime that, upon conviction, attracts a legal punishment of death or life imprisonment in any state correctional facility. Felonies, unlike misdemeanors, are more heinous criminal offenses and are generally punishable by heavier imprisonment terms and higher fines.  

Drug offenses are divided into severity levels 1 to 10, while non-drug offenses are divided into severity levels 1 to 5.

For criminal history records, level A is designated as the most serious for offenders with three or more previous convictions for crimes perpetrated against people (person felonies). Level I is assigned the least severe designation, and it defines offenders with either no criminal record or with one misdemeanor conviction. (K.S.A. §§ 21-6804, 21-6805.)

Any segment of the grid provides a range of three sentences:

• An aggravated sentence,
• A standard sentence,
• A mitigated sentence.

Although the standard sentence is generally chosen, the judge may impose an aggravated or mitigated sentence. The judge may impose an aggravated sentence in cases where a crime is notably violent or vicious. Barring this occasion, the judge would tend to choose the standard sentence (the middle sentence). An accused with a criminal history designation of level A who has been handed a notably vicious rape conviction could face up to 653 months (over 50 years) imprisonment.

Certain crimes in Kansas are classified as off-grid felonies. The majority of off-grid felonies are very severe crimes that attract a legal punishment of life imprisonment or the death penalty. Examples include first-degree murder and treason (Kan. Stat. Ann. § 21-6806.)

On the other hand, some crimes in Kansas are considered off-grid felonies. The majority of off-grid felonies are very severe crimes that attract a legal punishment of life imprisonment or the death penalty. Some examples include first-degree murder and treason (Kan. Stat. Ann. § 21-6806). In certain situations, where a judge passes a sentence relating to multiple felony charges within a particular case, they are granted the discretion to either impose:

• A consecutive sentence, or
• A concurrent sentence.

A consecutive sentence runs successively one after another, while a concurrent sentence runs all at the same time simultaneously. However, for the former case, the total term of imprisonment must not exceed two times the highest possible term for the most severe count or charge. This condition generally applies to felony convictions.

The court may also assign an additional penalty of a fine as part of the conviction of a felony.

Fines of up to $500,000 may be imposed on defendants convicted of:

• Drug crimes with severity levels 1 to 2, or
• Off-grid felony crimes

Fines of up to $300,000 may be imposed on defendants convicted of:

• Non-drug crimes with severity levels 1-5, or
• Drug crimes level 3-4.

Other felonies may be assigned fines of up to $100,000 by the judge (Kan.S.A. §§ 21-6611).

What Are Some Examples Of Felonies In Kansas?

 Some examples of Kansas felonies are as follows:

• Capital murder
• Murder of the first or second-degree
• Voluntary and involuntary manslaughter
• Rape
• Aggravated sexual battery
• Sexual battery of an underage victim
• Indecent liberties with a child
• Criminal sodomy
• Indecent solicitation of a child
• Sexual exploitation of a child
• Aggravated incest
• Endangering a child
• Abuse of a child

Can I Get a Felony Removed from a Court Record in Kansas?

Individuals who have been convicted can have their criminal records removed by expungement or sealing in Kansas. However, not all felony convictions are eligible for removal. Kansas expungement law provides for an expungement petition to be filed for felony convictions based on two stipulated waiting periods:

• Three-year waiting period
• Five-year waiting period

The state law stipulates that expungement petitions be filed by convicted individuals three years after their sentence has been completed and all fines duly paid. Other conditions for probation, community, diversion agreement, parole, or post-release supervision must also be satisfied to be eligible. Convicted crimes that fall under this category include:

• Class D or E felonies
• Off-grid felonies perpetrated from 1st of July, 1993
• Non-drug crimes of severity level 6 to10 perpetrated from 1st of July, 1993
• Drug-related felonies of severity level 4 perpetrated between 1st of July 1993 and the 1st of July, 2012
• Drug-related felonies of severity level 5 perpetrated from 1st of July, 2012

Also included under this waiting period are traffic and tobacco infractions as well as misdemeanors.

Some other convicted individuals can only petition for expungement 5 years after their sentence has been completed and all fines duly paid. The following convicted crimes must have also met conditions for probation, community service, diversion agreement, parole, post-release supervision, suspended sentence, or conditional release:

• Class A, B, or C felonies
• Off-grid felonies perpetrated from the 1st of July, 1993
• Non-drug crimes of severity level 1 to5 perpetrated from the 1st of July, 1993
• Drug-related felonies of severity level 1 to 3 perpetrated between the 1st of July 1993 and the 1st of July, 2012
• Felonies of severity level 1 to 4 perpetrated from the 1st of July, 2012
• Perjury
• Vehicular homicide
• Driving while suspended/revoked
• Any crime punished as a felony where a motor vehicle is used
• Commercial driving under the influence. (K.S.A. §§ 21-6614(a), (c) (2019))

The following crimes are examples of some felonies that can not be expunged upon conviction in the state of Kansas:

• Capital murder
• Voluntary manslaughter
• Murder in the first degree
• Involuntary manslaughter
• Child abuse
• Rape
• Sexual battery (for victims aged below 18 years)
• Aggravated incest
• Criminal sodomy
• Aggravated child endangerment
• Indecent solicitation of a child
• Aggravated sexual battery (K.S.A. §§ 21-6614(e) (2019)) 

In addition, individuals with convictions for crimes that are listed under the Kansas Registration Act are not eligible to petition for expungement. Registration under this Act is a mandatory legal requirement for violent felonies, serious sex-related felonies, and numerous drug offenses. (K.S.A. §§ 21-6614(f), 22-4902 (2019)). It is also noteworthy that only one criminal conviction can be expunged at a time.

Is Expungement The Same as Sealing Court Records In Kansas?

In Kansas, expungement of court records is essentially the same as sealing. Although an expungement effectively seals the subject of the record from the public's view, it fails to erase the document. Specific groups of state institutions, like the criminal justice system, are statutorily authorized to access expunged in Kansas. Kansas state laws also allow an individual who has successfully expunged their record to be considered as not having been arrested, convicted, or diverted of the crime. Nevertheless, expunged records are usually assessed as previous convictions for sentencing. This particularly holds true in cases where a prior conviction is a requirement for subsequent convictions (K.S.A. §§ 21-6614(h) (1), (4)).  

How Long Does a Felony Stay on Your Record in Kansas?

A conviction or arrest can stay on an individual's record throughout their life in Kansas. Except for capital murder, serious felonies, and violent sex crimes, any criminal conviction can be expunged in Kansas state. The conditions of legal waiting time and the absence of recent criminal convictions within the past two years must be fully satisfied.

Some convictions for misdemeanors and all infractions can be expunged 3 years after payment of all fines and the completion of the sentence. In contrast, others like D.U.I. require a 5-year waiting period in addition to satisfying all the other legal conditions for a successful expungement. Barring this, a criminal conviction or arrest record can stay on a person's record for a lifetime.

What is a Misdemeanor in Kansas?

Misdemeanors are criminal offenses that attract legal punishments of a jail term of up to one year in county jails, fines, or both upon conviction. However, misdemeanors, unlike felonies, do not employ a complicated sentencing grid for assigning appropriate legal penalties. Misdemeanors are less complicated and are based on classification into the following subgroups:

• Class A misdemeanor
• Class B misdemeanor
• Class C misdemeanor
• Unclassified misdemeanor

Misdemeanors are generally less severe than felonies and attract less heavy penalties.

Class A misdemeanors are considered the most grave type of misdemeanors. They are crimes that attract jail sentences of up to one year in a county jail upon conviction. A fine of up to $2,500 is also imposed as a penalty (K.S.A. §§ 21-6602, K.S.A. §§ 21-6611). An example of a class A misdemeanor is a second-time D.U.I.

Class B misdemeanors are crimes that, upon conviction, are punishable by a penalty of up to six months in a county jail and fines of $1,000. In the state of Kansas, a first-time D.U.I. is an example of this class of misdemeanor (K.S.A. §§ 21-6602, K.S.A. §§ 21-6611).

Class C misdemeanors are criminal offenses that can be legally punished by a jail term of up to one month and a fine of up to $500. They are the least severe misdemeanors and attract the lightest of penalties in jail terms and fines. Examples include jumping and gambling. 

Unclassified misdemeanors are undesignated misdemeanors by the Kansas legislature. They have not been assigned any specific penalty in the statute and are subject to the same penalties defined in Class C misdemeanors.

What are Some Examples of Misdemeanors in Kansas?

 Examples of criminal offenses that constitute misdemeanors in the state of Kansas include:

Class A misdemeanor:

•  Possession of marijuana
•  Possession of paraphernalia
•  Possession of mushrooms
•  Second-time D.U.I.
•  Second-time domestic battery
•  Theft

Class B misdemeanor:

• First-time D.U.I.
• First-time domestic battery
• Simple battery
• Criminal damage
• Driving with a suspended license

Class C misdemeanor:

• Disorderly conduct
• Disturbing the peace
• Patronizing/solicitation of a prostitute 
• Gambling 
• Bail jumping

Can I Get a Misdemeanor Removed from a Record in Kansas?

Misdemeanor convictions can be removed from the criminal history record by expungement or sealing after requisite conditions are met. These criteria include:

• Satisfying the legal waiting period (three years)from the date of sentence completion.
• Ensuring that all assigned fines have been duly paid
•  Satisfying all the conditions of probation discharge, diversion agreement, suspended sentence, post-release supervision, or conditional release

Aside from misdemeanor convictions, arrest records for misdemeanors can also be expunged under the following conditions when:

• Mistaken identity is the basis of arrests.
• The court identified no probable cause
• The defendant was acquitted
• The charges were dismissed
• Expungement would serve the best interest of justice (no filing of charges).

Can a D.U.I. Be Expunged in Kansas?

Convictions for DUI-related crimes can be expunged in the state of Kansas. Individuals convicted of D.U.I. offenses are eligible to file an expungement petition if:

• The legally stipulated waiting period (five years for D.U.I.) has elapsed since the completion of their sentence.
• All fines have been duly paid
• Individuals have satisfied all the conditions of their probation, diversion agreement, suspended sentence, post-release supervision, or conditional release.

Individuals found guilty of more than one D.U.I. offense are only eligible to file for expungement after a 10-year waiting period (Kan. Stat. § 21-6614(d) (2019)).

What constitutes an Infraction in Kansas?

Infractions are the least serious class of crimes in the state of Kansas, and they are divided into two broad categories:

• Traffic infractions (also ordinance traffic infractions)
• Cigarette or tobacco infractions

Traffic infractions refer to offenses or violations against traffic laws in Kansas. These violations are punishable by a penalty of a fine upon conviction. Court costs, increased insurance, driver's license suspension, or revocation are other penalties that may be incurred. Speeding above-posted limits is a typical example of a traffic infraction. A law enforcement officer usually issues an individual charged with a traffic infraction a traffic ticket. The issuing officer in the county of traffic violation is responsible for filing the traffic ticket. The traffic ticket contains some of the following details:

• The name, address, and phone number of the court where the ticket will be filed
• The amount of the fine 
• The specific traffic violation

The state laws impose a double fine for traffic violations perpetrated within construction zones and school zones. If no specific fine is indicated, the alleged offender must contact the county court that issued the ticket. This contact must be made before the date at the ticket's bottom.

The Kansas Legislature uniformly assigns the fines imposed for traffic law violations and has been compiled into a uniform fine schedule that applies to all Kansas counties. The uniform fine schedule imposes no limitation on the actual fines that may be assigned in cases of court appearance. The offenses described within the schedule solely serve as references and may have no legal implications.

An individual accused of a traffic infraction is not mandated to appear in court unless it is expressly imposed. They may enter a written appearance, which must, however, be done before the time specified. The accused may then waive their right to trial, plead guilty or no contest, and be fined as prescribed in the uniform fine schedule. The defendant may also choose to pay a stipulated fine without entering an appearance or executing a written waiver. The court considers the payment as an appearance, a waiver of the right to trial, and a plea of no contest. They must also duly pay the relevant court costs as stipulated by law.

 All traffic fines are collected by the district courts and are paid into the state treasury. Based on the specific traffic tickets issued, an offender can pay their ticket fine by certified mail, check, money order, phone, in person, or online. A person who commits a traffic infraction has to respond to a traffic ticket within 15 days or face the risk of having their license suspended (K.S.A. 8-2110). He or she may also incur additional court fees as an extra penalty for the delay.

An individual charged with a traffic infraction may:

• Pay their ticket 
• Request a mitigation hearing
• Enter a "not guilty" plea and request a contested hearing.
• Appeal their case

Enrol for an online defensive driving course

An individual admits guilt by paying their traffic ticket and waives the right to challenge the issued ticket in court. Possible consequences of paying the traffic ticket include suspension of driver's license and increased insurance. An individual who acknowledges their guilt may, however, still request a mitigation hearing to obtain the following:

• Possible fine reduction.
• Community service
• Monthly payment plan options.

A cigarette or tobacco infraction is a violation of state laws by a legal Kansas state juvenile (an individual under 18 years old) in relation to cigarettes, electronic cigarettes, and tobacco products, which is punishable by a fine of $25. It specifically relates to persons under 18 years (also juveniles) who:

• Buy or attempt to buy cigarettes or tobacco products
• Owns or attempts to own cigarettes, electronic cigarettes, and tobacco products

When a person charged with a traffic infraction makes payment without executing a written waiver of the right to trial and plea of guilty or no contest, the payment shall be deemed such an appearance, waiver of the right to trial, and plea of no contest.

K.S. Stat § 79-3393 (2014)

A person charged with a cigarette or tobacco infraction is generally issued a written citation on a form. This form is prepared by the law enforcement officer and is approved by the secretary of revenue or another person designated by the secretary. The cigarette and tobacco citation typically contains some of the following details:    

• An order to appear in court
• The person's name and address
• The violation or violations charged
• The time when the person shall appear in court
• The name and location of the court where the citation will be filed
• The law enforcement officer's signature

A person charged with a cigarette and tobacco infraction must appear in court at most 5 days after issuance of the citation. The only exception exists if the accused requests for an earlier hearing. The hearing is usually presided over by a district court judge within the county where the infraction is alleged to have occurred. However, a municipal court judge will preside over the hearing if the violation is committed in a city with an ordinance that forbids similar deeds. The order to appear in court may also direct the alleged offender to be accompanied by a parent or legal guardian. The order to appear also communicates to the accused their right to trial (K.S. Stat § 79-3393 (2014) ).

 Examples of this class of infractions include:

• Purchase of cigarettes or tobacco products by a juvenile
• Possession of cigarettes or tobacco products by a juvenile
• Consumption of cigarettes or tobacco products by a juvenile( K.S.A. 79-3322(d), (m), (n))

This infraction differs from the class B misdemeanor, which attracts a penalty of a minimum fine of $200. A person convicted of this misdemeanor is guilty of:

• Selling, giving, or providing any cigarette or tobacco products to any juvenile
• Buying any cigarette or tobacco products for any juvenile

What are Some Examples of Infractions in Kansas?

 The following are some common examples of infractions in the state of Kansas:

Traffic infractions:

• Driving on suspended
• Reckless driving
• Driving with no insurance
• Speeding
• D.U.I.
• Running a stop sign or red light
• Driving without a seatbelt
• Talking on the phone while driving

Cigarette and tobacco infractions:

• Purchase of cigarettes or tobacco products by a juvenile
• Possession of cigarettes or tobacco products by a juvenile
• Consumption of cigarettes or tobacco products by a juvenile

Can Infractions be Expunged from a Kansas Criminal Court Record?

Individuals who have been convicted for infractions are eligible to have their records expunged in the state of Kansas. The state laws permit eligible convicted individuals to file a petition for expungement under the following conditions:

• The legal waiting period of 3 years from the date of sentence completion has elapsed.
• There have been no convictions or prosecutions during the wait period.
• All assigned fines have been duly paid.
• All the conditions of probation discharge, diversion agreement, suspended sentence, post-release supervision, or conditional release have been satisfied.