Kansas: Adult Non-Conviction Arrests (KS-NC-2)

Records of the arrest and the subsequent court proceedings, if any, can be expunged by the court following dismissal of charges. K.S.A. § 22-2410(c)(4).

Record Detail(s)

Charges resolved in favor of defendant

Charges not filed

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Discretionary

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 must 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 charges have been dismissed. K.S.A. § 22-2410(b).

Effect

The person can state that they were not arrested in response to any application for employment, license, or other civil right or privilege, except if asked for purposes specified in section 22-2410(e). The court can determine that the record should be available for the purposes specified in section 22-2410(e), and will make the records available for purposes specified in section 22-2410(f). K.S.A. § 22-2410 (d)-(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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