An expungement is the legal process of asking a judge to seal the court record of a previous criminal (or juvenile) offense. It is important to remember that, in Kansas, an expunged record is NOT destroyed. The police, FBI, immigration officers, and other public officials may still see sealed court files for certain purposes.
Most city ordinance convictions can be expunged after three (3) years.
A five (5) year wait period is required for convictions of leaving the scene of accident; driving on a suspended driver's license; failure to maintain car insurance; and first offense DUI convictions and/or diversions.
A ten (10) year wait period is required for second and subsequent DUI convictions.
The waiting period begins when the sentence or diversion has been completed, so for example, you must wait six years from the date you sign a diversion agreement. Expungements are a great way to clean your record but as noted above, law enforcement can still access the record through their online shared system. Court filing fees range from $100-$200 depending on the court. The Judge signs the Order, and the clerks must send a copy to local and state agencies for it to be "sealed."
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