Many people ask whether prior DUI convictions or diversions can be expunged from their record. Until July 2011, the answer was NO per K.S.A. 21-4619(c)(21); Senate Bill 6 now allows for expungements after 10 years. However, Senate Bill 55 requires courts to make the expunged records available to the KBI and FBI to complete a driver's criminal history and to determine a person's qualification to possess a firearm. In other words, law enforcement still has access to these records. Despite the new law, clients still pursue expungement Orders for employment purposes. Employers generally don't have access to expunged records and therefore having a ‘clean' slate may increase your chances for employment. Expungement actions are also available for certain non-dui convictions after three years and after five years for certain felonies. Contact my office to determine whether an expungement is in your best interest.
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