Kansas: Adult Convictions (KS-C-5)

Records relating to a second or subsequent conviction of driving under the influence or refusal to submit to an alcohol or drug test can be expunged by the court 10 years after discharge or sentence completion. K.S.A. § 21-6614(d)(2).

Record Detail(s)

Misdemeanor

Felony

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Discretionary

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

Applies only to second or subsequent violations of offenses specified in K.S.A. § 21-6614(d)(2).

Procedure General

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

Fees

The petition must be accompanied by a $176 docket fee. On and after July 1, 2019, through June 30, 2025, the supreme court may impose a charge, not to exceed $19 per case, to fund the costs of non-judicial personnel. 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). 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 10 years after discharge or sentence completion.

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