Kansas: Adult Diversion/Deferral Program (KS-D-1)

Records relating to offenses for which the petitioner has successfully completed a diversion agreement can be expunged by the court three years after the terms of the diversion agreement were fulfilled. K.S.A. § 21-6614(a)(2).

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

See sections 21-6614(e) and (f) for offenses that are ineligible for expungement.

Procedure General

The petition must be filed in the district 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 diverted 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 custodian of the records 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 three years after the terms of the diversion agreement were fulfilled.

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