12-4516.   Expungement of certain convictions, arrestrecords and diversion agreements.(a) (1) Except as provided in subsection (b) or (c), any person whohas been convicted of a violation of a city ordinance of this state maypetition the convicting court for the expungement of such conviction andrelated arrest records if three or more years have elapsed since the person:

      (A)   Satisfied the sentence imposed; or

      (B)   was discharged from probation, parole or a suspended sentence.

      (2)   Except as provided in subsection (b) or (c), any person who hasfulfilled the terms of a diversion agreement based on a violation of a cityordinance of this state may petition the court for the expungement of suchdiversion agreement and related arrest records if three or more years haveelapsed since the terms of the diversion agreement were fulfilled.

      (b)   No person may petition for expungement until five or more years haveelapsed since the person satisfied the sentence imposed or the terms of adiversion agreement or was discharged from probation, parole, conditionalrelease or a suspended sentence, if such person was convicted of the violationof a city ordinance which would also constitute:

      (1)   Vehicular homicide, as defined by K.S.A. 21-3405, and amendments thereto;

      (2)   driving while the privilege to operate a motor vehicle on the publichighways of this state has been canceled, suspended or revoked, as prohibitedby K.S.A. 8-262, and amendments thereto;

      (3)   perjury resulting from a violation of K.S.A. 8-261a,and amendments thereto;

      (4)   a violation of the provisions of the fifth clause ofK.S.A. 8-142, and amendments thereto, relating to fraudulent applications;

      (5)   any crime punishable as a felony wherein a motorvehicle was used in the perpetration of such crime;

      (6)   failing to stop at the scene of an accident and performthe duties required by K.S.A. 8-1602, 8-1603 or 8-1604, and amendments thereto;

      (7)   a violation of the provisions of K.S.A. 40-3104, andamendments thereto, relating to motor vehicle liability insurance coverage; or

      (8)   a violation of K.S.A. 21-3405b, and amendments thereto.

      (c)   There shall be no expungement of convictions or diversions for aviolation of a city ordinance which would also constitute a violation of K.S.A.8-1567 or 8-2,144, and amendments thereto.

      (d)   When a petition for expungement is filed, the court shall set a datefor a hearing of such petition and shall cause notice of such hearing to begiven to the prosecuting attorney and the arresting law enforcement agency. Thepetition shall state: (1) The defendant's full name;

      (2)   the full name of the defendant at the time of arrest, conviction ordiversion, if different than the defendant's current name;

      (3)   the defendant's sex, race and date of birth;

      (4)   the crime for which the defendant was arrested, convicted or diverted;

      (5)   the date of the defendant's arrest, conviction or diversion; and

      (6)   the identity of the convicting court, arresting law enforcement agency ordiverting authority. A municipal court may prescribe a fee to be charged ascosts for a person petitioning for an order of expungement pursuant to thissection. Any person who may have relevant information about the petitioner maytestify at the hearing. The court may inquire into the background of thepetitioner and shall have access to any reports or records relating to thepetitioner that are on file with the secretary of corrections or the Kansasparole board.

      (e)   At the hearing on the petition, the court shall orderthe petitioner's arrest record, conviction or diversion expunged if the courtfinds that:

      (1)   The petitioner has not been convicted of a felony in the past two yearsand no proceeding involving any such crime is presently pending or beinginstituted against the petitioner;

      (2)   the circumstances and behavior of the petitioner warrantthe expungement; and

      (3)   the expungement is consistent with the public welfare.

      (f)   When the court has ordered an arrest record, convictionor diversion expunged, the order of expungement shall state the informationrequired to be contained in the petition. The clerk of the court shall send acertified copy of the order of expungement to the Kansas bureau ofinvestigation which shall notify the federal bureau of investigation, thesecretary of corrections and any other criminal justice agency which may have arecord of the arrest, conviction or diversion. After the order of expungementis entered, the petitioner shall be treated as not having been arrested,convicted or diverted of the crime, except that:

      (1)   Upon conviction for any subsequent crime, the conviction that wasexpunged may be considered as a prior conviction in determining thesentence to be imposed;

      (2)   the petitioner shall disclose that the arrest, conviction ordiversion occurred if asked about previous arrests, convictions or diversions:

      (A)   In any application for employment as a detective with a private detectiveagency, as defined by K.S.A. 75-7b01, and amendments thereto; as securitypersonnel with a private patrol operator, as defined by K.S.A. 75-7b01, andamendments thereto; or with an institution, as defined in K.S.A. 76-12a01, andamendments thereto, of the department of social and rehabilitation services;

      (B)   in any application for admission, or for an order of reinstatement, tothe practice of law in this state;

      (C)   to aid in determining the petitioner's qualifications for employment withthe Kansas lottery or for work in sensitive areas within the Kansas lottery asdeemed appropriate by the executive director of the Kansas lottery;

      (D)   to aid in determining the petitioner's qualifications for executivedirector of the Kansas racing and gaming commission, for employment withthe commission orfor work in sensitive areas in parimutuel racing as deemed appropriate by theexecutive director of the commission, or to aid in determining qualificationsfor licensure or renewal of licensure by the commission;

      (E)   to aid in determining the petitioner's qualifications for thefollowingunder the Kansasexpanded lottery act: (i) Lottery gaming facility manager or prospectivemanager, racetrack gaming facility manager or prospective manager, licensee orcertificate holder;or (ii) an officer,director, employee, owner, agent or contractor thereof;

      (F)   upon application for a commercial driver's licenseunderK.S.A. 8-2,125 through 8-2,142, and amendments thereto;

      (G)   to aid in determining the petitioner's qualificationsto be an employeeof the state gaming agency;

      (H)   to aid in determining the petitioner's qualificationsto be an employeeof a tribal gaming commission or to hold a license issued pursuant to atribal-state gaming compact;

      (I)   in any application for registration as a broker-dealer,agent,investment adviser or investment adviser representative all as defined inK.S.A. 17-12a102, and amendments thereto;

      (J)   in any application for employment as a law enforcement officer, asdefined in K.S.A. 22-2202 or 74-5602, and amendments thereto; or

      (K)   for applications received on and after July 1, 2006, to aid indetermining the petitioner's qualifications for a license to carry a concealedweapon pursuant to the personal and family protection act,K.S.A. 2009 Supp.75-7c01 etseq., and amendments thereto;

      (3)   the court, in the order of expungement, may specify othercircumstances under which the arrest, conviction or diversion is to bedisclosed; and

      (4)   the conviction may be disclosed in a subsequent prosecution foran offense which requires as an element of such offense a priorconviction of the type expunged.

      (g)   Whenever a person is convicted of an ordinanceviolation, pleads guilty and pays a fine for such a violation, is placed onparole or probation or is granted a suspended sentence for such a violation,the person shall be informed of the ability to expunge the arrest records orconviction. Whenever a person enters into a diversion agreement, the personshall be informed of the ability to expunge the diversion.

      (h)   Subject to the disclosures required pursuant tosubsection (f), in any application for employment, license orother civil right or privilege, or any appearance as a witness, a person whosearrest records, conviction or diversion of an offense has been expunged underthis statute may state that such person has never been arrested, convicted ordiverted of such offense.

      (i)   Whenever the record of any arrest, conviction ordiversion has been expunged under the provisions of this section or under theprovisions of any other existing or former statute, the custodian of therecords of arrest, conviction, diversion and incarceration relating to thatcrime shall not disclose the existence of such records, except when requestedby:

      (1)   The person whose record was expunged;

      (2)   a private detective agency or a private patrol operator, and the requestis accompanied by a statement that the request is being made in conjunctionwith an application for employment with such agency or operator by the personwhose record has been expunged;

      (3)   a court, upon a showing of a subsequent conviction of the personwhose record has been expunged;

      (4)   the secretary of social and rehabilitation services, or adesignee of the secretary, for the purpose of obtaining informationrelating to employment in an institution, as defined in K.S.A.76-12a01, and amendments thereto, of the department of socialand rehabilitation services of any person whose record has been expunged;

      (5)   a person entitled to such information pursuant to the terms ofthe expungement order;

      (6)   a prosecuting attorney, and such request is accompanied by astatement that the request is being made in conjunction with aprosecution of an offense that requires a prior conviction as one of theelements of such offense;

      (7)   the supreme court, the clerk or disciplinary administrator thereof,the state board for admission of attorneys or the state board for disciplineof attorneys, and the request is accompanied by a statement that the requestis being made in conjunction with an application for admission, or for anorder of reinstatement, to the practice of law in this state by the personwhose record has been expunged;

      (8)   the Kansas lottery, and the request is accompanied by a statementthat the request is being made to aid in determining qualifications foremployment with the Kansas lottery or for work in sensitive areas withinthe Kansas lottery as deemed appropriate by the executive director of theKansas lottery;

      (9)   the governor or the Kansas racing and gaming commission, or adesignee of thecommission, and the request is accompanied by a statement that the request isbeing made to aid in determining qualifications for executive director of thecommission, for employment with the commission, for work in sensitive areas inparimutuel racing as deemed appropriate by the executive director of thecommission or for licensure, renewal of licensure or continued licensure by thecommission;

      (10)   the Kansas racing and gaming commission, or a designee of thecommission, and therequest is accompanied by a statement that the request is being made to aid indeterminingqualifications of the following under the Kansas expanded lottery act: (A)Lottery gaming facilitymanagers and prospective managers, racetrack gaming facility managers andprospective managers,licensees and certificate holders; and (B) their officers, directors,employees, owners, agents andcontractors;

      (11)   the state gaming agency, and the request isaccompanied by a statementthat the request is being made to aid in determining qualifications: (A) To bean employee of the state gaming agency; or (B) to be an employee of a tribalgaming commission or to hold a license issued pursuant to a tribal-state gamingcompact;

      (12)   the Kansas securities commissioner, or a designee ofthe commissioner,and the request is accompanied by a statement that the request is being made inconjunction with an application for registration as a broker-dealer, agent,investment adviser or investment adviser representative by such agency and theapplication was submitted by the person whose record has been expunged;

      (13)   the attorney general, and the request is accompaniedby a statement thatthe request is being made to aid in determining qualifications for a license tocarry a concealed weapon pursuant to the personal and family protectionact;

      (14)   the Kansas sentencing commission;

      (15)   the Kansascommissiononpeace officers' standards and trainingand the requestisaccompanied by a statement that the request is being made to aid in determiningcertification eligibility as a law enforcement officer pursuant to K.S.A.74-5601 et seq., and amendments thereto; or

      (16)   a law enforcement agency and the request isaccompanied by a statementthat the request is being made to aid in determining eligibility for employmentas a law enforcement officer as defined by K.S.A. 22-2202, and amendmentsthereto.

      History:   L. 1978, ch. 120, § 27; L. 1980, ch. 102, § 1;L. 1981,ch. 158, § 1; L. 1982, ch. 139, § 1;L. 1985, ch. 48, § 13; L. 1985, ch. 78, § 5;L. 1987, ch. 292, § 22;L. 1988, ch. 315, § 1;L. 1989, ch. 38, § 45;L. 1995, ch. 251, § 9;L. 1996, ch. 256, § 10;L. 1998, ch. 131, § 4;L. 2004, ch. 154, § 55;L. 2006, ch. 32, § 19;L. 2006, ch. 171, § 1;L. 2007, ch. 110, § 56;L. 2008, ch. 162, § 1; July 1.