Kansas: Adult Factual Innocence (KS-FI-1)

Records of an arrest and subsequent court proceedings can be expunged by the court if the arrest occurred without probable cause or because of mistaken identity. K.S.A. §§ 22-2410(c)(1), (2).

Record Detail(s)

Unlawful or mistaken arrest or charge

Identity theft

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Mandatory

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The petition must be filed in the district court and include the information specified in section 22-2410(b). For the specific procedure, see K.S.A. § 22-2410.

Fees

No surcharge or fee can be imposed if the petitioner was arrested as a result of being a victim of identity theft, or if the charges were dismissed because the court found that there was no probable cause for the arrest. Otherwise, a petition for expungement should be accompanied by a $176 docket fee. The supreme court may impose an additional charge, not to exceed $19 per docket fee, to fund the costs of non-judicial personnel. K.S.A. § 22-2410(b).

Effect

Person is treated as if they were never arrested and can say so. The records custodian will not disclose them. K.S.A. § 22-2410(d), (f), (g), (h).

Forms

For forms and assistance regarding expunging records in Kansas, visit here.

Waiting Periods

The petition can be filed at any time.

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