Kansas: Adult Diversion/Deferral Program (KS-C-2)

Records relating to a conviction or diversion agreement for prostitution can be expunged by the court one year after discharge or sentence completion if the petitioner can prove they were acting under coercion. K.S.A. § 21-6614(b).

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Discretionary

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

This provision applies only to offenses specified in K.S.A. § 21-6614(b).

Procedure General

The petition must be filed in the convicting court, and must include the information specified in section 21-6614(g)(1). For the specific procedure, see K.S.A. § 21-6614.

Fees

The petition must be accompanied by a $176 docket fee. K.S.A. § 21-6614(g)(2).

Effect

The person is treated as if they were never arrested or convicted and can say so, except when asked in the circumstances specified in section 21-6614(i)(2). See K.S.A. §§ 21-6614(i), (k). The records custodian will not disclose their existence, unless for the purposes specified in K.S.A. § 21-6614(l).

Forms

For an application to expunge records in Kansas, visit here.

Waiting Periods

The petition can be filed one year after discharge or sentence completion.

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