Felonies, Misdemeanors And Infractions in Kansas

The Kansas Justice system defines crime as any act or omission that legally confers the following penalties on convicted offenders:

• Death sentence.
• Imprisonment
• Fines, or
• Imprisonment and fines (K.S.A. 21-5102).

There are typically four categories of crime in Kansas:

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

These offenses generally have defined corresponding penalties in line with the Kansas penal code based on their respective gravity. Alongside record classifications, Kansas law sets statutes of limitations that define the window for prosecution in the Sunflower State.

What is a Felony in Kansas?

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

Drug offenses are generally 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 one after another, while a concurrent sentence runs simultaneously. In the case of the former, the total term of imprisonment should not exceed twice 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 felony conviction:

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?

Convicted offenders may have their criminal records removed by expungement or sealing in Kansas. However, not all felony convictions are eligible for removal. In Kansas, individuals with felony convictions can file an expungement petition to have their records cleared after waiting for these timeframes:

• A three-year waiting period
• A 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. In addition, offenders seeking to expunge records may fulfill any of these court-imposed conditions:

• Probation.
• Community.
• Diversion agreement.
• Parole.
• Post-release supervision.

Convicted crimes that fall under this category include:
The following felony convictions require a 3-year waiting period for expungement:

• Class D or E felonies
• Off-grid felonies perpetrated from 1st of July, 1993
• Non-drug crimes of severity level 6 to 10 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
• Convictions for tobacco infractions and misdemeanors.

Felony convictions that require a 5-year waiting period include the following:

• Class A, B, or C felonies
• Off-grid felonies perpetrated from the 1st of July, 1993
• Non-drug crimes of severity level 1 to 5 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))

That being said, the following crimes are not eligible for expungement:

• 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 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 entities like law enforcement agencies can still access expunged records. Kansas state laws also allow an individual who has successfully expunged their record to be considered as not having been arrested or convicted for 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?

In Kansas, felony conviction or non-conviction records are permanently visible on your public records. However, you can expunge most records of most crimes, except for the following:

• Capital murder
• Serious felonies
• Violent sex crimes.

Persons seeking to expunge records may fulfill conditions, such as waiting for a specific period.

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, other crimes like DUIs may 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, such as the following:

• A maximum of one-year jail term
• Fines
• Both jail terms and fines.

Kansas does not use a complicated framework for assigning penalties for misdemeanor crimes. Penalties for misdemeanors are less complicated and are usually based on these classifications:

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

Class A misdemeanors are considered the most severe 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 a Class B 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 DUI
• 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?

You can legally remove misdemeanor convictions by filing a petition to seal or expunge. To seal or expunge, you are typically required to have fulfilled these criteria:

• Waited three years after completing the sentence.
• Paid all required fines.
• Satisfied all the conditions of a court diversion program.

Aside from misdemeanor convictions, misdemeanor arrest records are expungeable when:

• The arrest was as a result of a mistaken identity.
• 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 may be 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. Infractions may incur financial burden as a result of the following:

• Court costs
• Increased insurance
• Driver's license suspension or revocation

Speeding above posted limits is a typical example of a traffic infraction. A law enforcement officer usually issues a traffic ticket to a person charged with a traffic infraction. The issuing officer in the county of traffic violation is responsible for filing the traffic ticket. With that being said, a traffic ticket might contain 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

State laws typically impose a double fine for traffic violations perpetrated within construction and school zones. If no specific fine is indicated, the alleged offender may contact the county court that issued the ticket before the date at the bottom of the ticket.

The Kansas Legislature uniformly assigns the fines imposed for traffic law violations and has compiled them 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 is typically required to be submitted before the specified hearing date. Then, the accused may opt to waive their right to trial or plead guilty. In such instances, they will 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 any of the following:

• An appearance
• A waiver of the right to trial
• A plea of no contest.

They are also required to duly pay the relevant court costs as stipulated by law.

All traffic fines are typically collected by the district courts and are paid into the state treasury. Based on the specific traffic tickets issued, an offender may pay their ticket fine via these options:

• Certified mail
• Check
• Money order
• Phone
• In person
• Online.

A person who commits a traffic infraction is generally required 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 cigarette- or tobacco-related products. Such offenses are punishable by a fine of $25. This offense specifically concerns juveniles who:

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

If a traffic infraction offender pays without signing a written waiver of their right to trial, it will be considered as an appearance in court. This payment also acts as a waiver of the right to trial and serves as a 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 is typically required to appear in court within 5 days after issuance of the citation. The only exception exists if the accused requests 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 seeking to be convicted of infractions may have their records expunged in Kansas. State laws generally allow 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.

What is Deferred Adjudication in Kansas?

The Kansas judicial system does not offer deferred adjudication to convicted offenders. Instead, the state offers an alternative diversion program referred to as a prosecution diversion agreement. Per K.S.A 22-2907, the district attorney is responsible for issuing a diversion agreement to a defendant before a court conviction. The attorney may do so after considering these factors:

• The defendant is a first-time offender.
• The nature of the crime and circumstances around the criminal incident.
• The possibility that the offender will adhere to and benefit from the diversion program.
• The probability that the defendant committed the act due to injuries sustained while in active service.

Types of Crimes Eligible for Deferred Adjudication in Kansas

In Kansas, there is no information on crimes that are eligible for deferred adjudication. The district attorney is solely responsible for determining which crimes are eligible for the program. Nevertheless, the district attorney may exempt crimes of violence or sex-related offenses from these programs. In most cases, the district attorney weighs public safety against the need to offer the program to an offender.