Article 45.--CODE FOR MUNICIPAL COURTS; TRIALS AND PROCEEDINGS INCIDENT THERETO
12-4516.Expungement of certain convictions, arrest
records and diversion agreements.
(a) (1) Except as provided in subsection (b) or (c), any person who
has been convicted of a violation of a city ordinance of this state may
petition the convicting court for the expungement of such conviction and
related 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 has
fulfilled the terms of a diversion agreement based on a violation of a city
ordinance of this state may petition the court for the expungement of such
diversion agreement and related arrest records if three or more years have
elapsed since the terms of the diversion agreement were fulfilled.
(b) No person may petition for expungement until five or more years have
elapsed since the person satisfied the sentence imposed or the terms of a
diversion agreement or was discharged from probation, parole, conditional
release or a suspended sentence, if such person was convicted of the violation
of 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 public
highways of this state has been canceled, suspended or revoked, as prohibited
by 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 of
K.S.A. 8-142, and amendments thereto, relating to fraudulent applications;
(5) any crime punishable as a felony wherein a motor
vehicle was used in the perpetration of such crime;
(6) failing to stop at the scene of an accident and perform
the 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, and
amendments 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 a
violation 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 date
for a hearing of such petition and shall cause notice of such hearing to be
given to the prosecuting attorney and the arresting law enforcement agency. The
petition shall state: (1) The defendant's full name;
(2) the full name of the defendant at the time of arrest, conviction or
diversion, 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 or
diverting authority. A municipal court may prescribe a fee to be charged as
costs for a person petitioning for an order of expungement pursuant to this
section. Any person who may have relevant information about the petitioner may
testify at the hearing. The court may inquire into the background of the
petitioner and shall have access to any reports or records relating to the
petitioner that are on file with the secretary of corrections or the Kansas
parole board.
(e) At the hearing on the petition, the court shall order
the petitioner's arrest record, conviction or diversion expunged if the court
finds that:
(1) The petitioner has not been convicted of a felony in the past two years
and no proceeding involving any such crime is presently pending or being
instituted against the petitioner;
(2) the circumstances and behavior of the petitioner warrant
the expungement; and
(3) the expungement is consistent with the public welfare.
(f) When the court has ordered an arrest record, conviction
or diversion expunged, the order of expungement shall state the information
required to be contained in the petition. The clerk of the court shall send a
certified copy of the order of expungement to the Kansas bureau of
investigation which shall notify the federal bureau of investigation, the
secretary of corrections and any other criminal justice agency which may have a
record of the arrest, conviction or diversion. After the order of expungement
is 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 was
expunged may be considered as a prior conviction in determining the
sentence to be imposed;
(2) the petitioner shall disclose that the arrest, conviction or
diversion occurred if asked about previous arrests, convictions or diversions:
(A) In any application for employment as a detective with a private detective
agency, as defined by K.S.A. 75-7b01, and amendments thereto; as security
personnel with a private patrol operator, as defined by K.S.A. 75-7b01, and
amendments thereto; or with an institution, as defined in K.S.A. 76-12a01, and
amendments thereto, of the department of social and rehabilitation services;
(B) in any application for admission, or for an order of reinstatement, to
the practice of law in this state;
(C) to aid in determining the petitioner's qualifications for employment with
the Kansas lottery or for work in sensitive areas within the Kansas lottery as
deemed appropriate by the executive director of the Kansas lottery;
(D) to aid in determining the petitioner's qualifications for executive
director of the Kansas racing and gaming commission, for employment with
the commission or
for work in sensitive areas in parimutuel racing as deemed appropriate by the
executive director of the commission, or to aid in determining qualifications
for licensure or renewal of licensure by the commission;
(E) to aid in determining the petitioner's qualifications for the
following
under the Kansas
expanded lottery act: (i) Lottery gaming facility manager or prospective
manager, racetrack gaming facility manager or prospective manager, licensee or
certificate holder;
or (ii) an officer,
director, employee, owner, agent or contractor thereof;
(F) upon application for a commercial driver's license
under
K.S.A. 8-2,125 through 8-2,142, and amendments thereto;
(G) to aid in determining the petitioner's qualifications
to be an employee
of the state gaming agency;
(H) to aid in determining the petitioner's qualifications
to be an employee
of a tribal gaming commission or to hold a license issued pursuant to a
tribal-state gaming compact;
(I) in any application for registration as a broker-dealer,
agent,
investment adviser or investment adviser representative all as defined in
K.S.A. 17-12a102, and amendments thereto;
(J) in any application for employment as a law enforcement officer, as
defined 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 in
determining the petitioner's qualifications for a license to carry a concealed
weapon pursuant to the personal and family protection act,
K.S.A. 2009 Supp.
75-7c01 et
seq., and amendments thereto;
(3) the court, in the order of expungement, may specify other
circumstances under which the arrest, conviction or diversion is to be
disclosed; and
(4) the conviction may be disclosed in a subsequent prosecution for
an offense which requires as an element of such offense a prior
conviction of the type expunged.
(g) Whenever a person is convicted of an ordinance
violation, pleads guilty and pays a fine for such a violation, is placed on
parole 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 or
conviction. Whenever a person enters into a diversion agreement, the person
shall be informed of the ability to expunge the diversion.
(h) Subject to the disclosures required pursuant to
subsection (f), in any application for employment, license or
other civil right or privilege, or any appearance as a witness, a person whose
arrest records, conviction or diversion of an offense has been expunged under
this statute may state that such person has never been arrested, convicted or
diverted of such offense.
(i) Whenever the record of any arrest, conviction or
diversion has been expunged under the provisions of this section or under the
provisions of any other existing or former statute, the custodian of the
records of arrest, conviction, diversion and incarceration relating to that
crime shall not disclose the existence of such records, except when requested
by:
(1) The person whose record was expunged;
(2) a private detective agency or a private patrol operator, and the request
is accompanied by a statement that the request is being made in conjunction
with an application for employment with such agency or operator by the person
whose record has been expunged;
(3) a court, upon a showing of a subsequent conviction of the person
whose record has been expunged;
(4) the secretary of social and rehabilitation services, or a
designee of the secretary, for the purpose of obtaining information
relating to employment in an institution, as defined in K.S.A.
76-12a01, and amendments thereto, of the department of social
and rehabilitation services of any person whose record has been expunged;
(5) a person entitled to such information pursuant to the terms of
the expungement order;
(6) a prosecuting attorney, and such request is accompanied by a
statement that the request is being made in conjunction with a
prosecution of an offense that requires a prior conviction as one of the
elements 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 discipline
of attorneys, and the request is accompanied by a statement that the request
is being made in conjunction with an application for admission, or for an
order of reinstatement, to the practice of law in this state by the person
whose record has been expunged;
(8) the Kansas lottery, and the request is accompanied by a statement
that the request is being made to aid in determining qualifications for
employment with the Kansas lottery or for work in sensitive areas within
the Kansas lottery as deemed appropriate by the executive director of the
Kansas lottery;
(9) the governor or the Kansas racing and gaming commission, or a
designee of the
commission, and the request is accompanied by a statement that the request is
being made to aid in determining qualifications for executive director of the
commission, for employment with the commission, for work in sensitive areas in
parimutuel racing as deemed appropriate by the executive director of the
commission or for licensure, renewal of licensure or continued licensure by the
commission;
(10) the Kansas racing and gaming commission, or a designee of the
commission, and the
request is accompanied by a statement that the request is being made to aid in
determining
qualifications of the following under the Kansas expanded lottery act: (A)
Lottery gaming facility
managers and prospective managers, racetrack gaming facility managers and
prospective managers,
licensees and certificate holders; and (B) their officers, directors,
employees, owners, agents and
contractors;
(11) the state gaming agency, and the request is
accompanied by a statement
that the request is being made to aid in determining qualifications: (A) To be
an employee of the state gaming agency; or (B) to be an employee of a tribal
gaming commission or to hold a license issued pursuant to a tribal-state gaming
compact;
(12) the Kansas securities commissioner, or a designee of
the commissioner,
and the request is accompanied by a statement that the request is being made in
conjunction with an application for registration as a broker-dealer, agent,
investment adviser or investment adviser representative by such agency and the
application was submitted by the person whose record has been expunged;
(13) the attorney general, and the request is accompanied
by a statement that
the request is being made to aid in determining qualifications for a license to
carry a concealed weapon pursuant to the personal and family protection
act;
(14) the Kansas sentencing commission;
(15) the Kansas
commission
on
peace officers' standards and training
and the request
is
accompanied by a statement that the request is being made to aid in determining
certification 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 is
accompanied by a statement
that the request is being made to aid in determining eligibility for employment
as a law enforcement officer as defined by K.S.A. 22-2202, and amendments
thereto.
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.
Article 45.--CODE FOR MUNICIPAL COURTS; TRIALS AND PROCEEDINGS INCIDENT THERETO
12-4516.Expungement of certain convictions, arrest
records and diversion agreements.
(a) (1) Except as provided in subsection (b) or (c), any person who
has been convicted of a violation of a city ordinance of this state may
petition the convicting court for the expungement of such conviction and
related 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 has
fulfilled the terms of a diversion agreement based on a violation of a city
ordinance of this state may petition the court for the expungement of such
diversion agreement and related arrest records if three or more years have
elapsed since the terms of the diversion agreement were fulfilled.
(b) No person may petition for expungement until five or more years have
elapsed since the person satisfied the sentence imposed or the terms of a
diversion agreement or was discharged from probation, parole, conditional
release or a suspended sentence, if such person was convicted of the violation
of 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 public
highways of this state has been canceled, suspended or revoked, as prohibited
by 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 of
K.S.A. 8-142, and amendments thereto, relating to fraudulent applications;
(5) any crime punishable as a felony wherein a motor
vehicle was used in the perpetration of such crime;
(6) failing to stop at the scene of an accident and perform
the 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, and
amendments 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 a
violation 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 date
for a hearing of such petition and shall cause notice of such hearing to be
given to the prosecuting attorney and the arresting law enforcement agency. The
petition shall state: (1) The defendant's full name;
(2) the full name of the defendant at the time of arrest, conviction or
diversion, 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 or
diverting authority. A municipal court may prescribe a fee to be charged as
costs for a person petitioning for an order of expungement pursuant to this
section. Any person who may have relevant information about the petitioner may
testify at the hearing. The court may inquire into the background of the
petitioner and shall have access to any reports or records relating to the
petitioner that are on file with the secretary of corrections or the Kansas
parole board.
(e) At the hearing on the petition, the court shall order
the petitioner's arrest record, conviction or diversion expunged if the court
finds that:
(1) The petitioner has not been convicted of a felony in the past two years
and no proceeding involving any such crime is presently pending or being
instituted against the petitioner;
(2) the circumstances and behavior of the petitioner warrant
the expungement; and
(3) the expungement is consistent with the public welfare.
(f) When the court has ordered an arrest record, conviction
or diversion expunged, the order of expungement shall state the information
required to be contained in the petition. The clerk of the court shall send a
certified copy of the order of expungement to the Kansas bureau of
investigation which shall notify the federal bureau of investigation, the
secretary of corrections and any other criminal justice agency which may have a
record of the arrest, conviction or diversion. After the order of expungement
is 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 was
expunged may be considered as a prior conviction in determining the
sentence to be imposed;
(2) the petitioner shall disclose that the arrest, conviction or
diversion occurred if asked about previous arrests, convictions or diversions:
(A) In any application for employment as a detective with a private detective
agency, as defined by K.S.A. 75-7b01, and amendments thereto; as security
personnel with a private patrol operator, as defined by K.S.A. 75-7b01, and
amendments thereto; or with an institution, as defined in K.S.A. 76-12a01, and
amendments thereto, of the department of social and rehabilitation services;
(B) in any application for admission, or for an order of reinstatement, to
the practice of law in this state;
(C) to aid in determining the petitioner's qualifications for employment with
the Kansas lottery or for work in sensitive areas within the Kansas lottery as
deemed appropriate by the executive director of the Kansas lottery;
(D) to aid in determining the petitioner's qualifications for executive
director of the Kansas racing and gaming commission, for employment with
the commission or
for work in sensitive areas in parimutuel racing as deemed appropriate by the
executive director of the commission, or to aid in determining qualifications
for licensure or renewal of licensure by the commission;
(E) to aid in determining the petitioner's qualifications for the
following
under the Kansas
expanded lottery act: (i) Lottery gaming facility manager or prospective
manager, racetrack gaming facility manager or prospective manager, licensee or
certificate holder;
or (ii) an officer,
director, employee, owner, agent or contractor thereof;
(F) upon application for a commercial driver's license
under
K.S.A. 8-2,125 through 8-2,142, and amendments thereto;
(G) to aid in determining the petitioner's qualifications
to be an employee
of the state gaming agency;
(H) to aid in determining the petitioner's qualifications
to be an employee
of a tribal gaming commission or to hold a license issued pursuant to a
tribal-state gaming compact;
(I) in any application for registration as a broker-dealer,
agent,
investment adviser or investment adviser representative all as defined in
K.S.A. 17-12a102, and amendments thereto;
(J) in any application for employment as a law enforcement officer, as
defined 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 in
determining the petitioner's qualifications for a license to carry a concealed
weapon pursuant to the personal and family protection act,
K.S.A. 2009 Supp.
75-7c01 et
seq., and amendments thereto;
(3) the court, in the order of expungement, may specify other
circumstances under which the arrest, conviction or diversion is to be
disclosed; and
(4) the conviction may be disclosed in a subsequent prosecution for
an offense which requires as an element of such offense a prior
conviction of the type expunged.
(g) Whenever a person is convicted of an ordinance
violation, pleads guilty and pays a fine for such a violation, is placed on
parole 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 or
conviction. Whenever a person enters into a diversion agreement, the person
shall be informed of the ability to expunge the diversion.
(h) Subject to the disclosures required pursuant to
subsection (f), in any application for employment, license or
other civil right or privilege, or any appearance as a witness, a person whose
arrest records, conviction or diversion of an offense has been expunged under
this statute may state that such person has never been arrested, convicted or
diverted of such offense.
(i) Whenever the record of any arrest, conviction or
diversion has been expunged under the provisions of this section or under the
provisions of any other existing or former statute, the custodian of the
records of arrest, conviction, diversion and incarceration relating to that
crime shall not disclose the existence of such records, except when requested
by:
(1) The person whose record was expunged;
(2) a private detective agency or a private patrol operator, and the request
is accompanied by a statement that the request is being made in conjunction
with an application for employment with such agency or operator by the person
whose record has been expunged;
(3) a court, upon a showing of a subsequent conviction of the person
whose record has been expunged;
(4) the secretary of social and rehabilitation services, or a
designee of the secretary, for the purpose of obtaining information
relating to employment in an institution, as defined in K.S.A.
76-12a01, and amendments thereto, of the department of social
and rehabilitation services of any person whose record has been expunged;
(5) a person entitled to such information pursuant to the terms of
the expungement order;
(6) a prosecuting attorney, and such request is accompanied by a
statement that the request is being made in conjunction with a
prosecution of an offense that requires a prior conviction as one of the
elements 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 discipline
of attorneys, and the request is accompanied by a statement that the request
is being made in conjunction with an application for admission, or for an
order of reinstatement, to the practice of law in this state by the person
whose record has been expunged;
(8) the Kansas lottery, and the request is accompanied by a statement
that the request is being made to aid in determining qualifications for
employment with the Kansas lottery or for work in sensitive areas within
the Kansas lottery as deemed appropriate by the executive director of the
Kansas lottery;
(9) the governor or the Kansas racing and gaming commission, or a
designee of the
commission, and the request is accompanied by a statement that the request is
being made to aid in determining qualifications for executive director of the
commission, for employment with the commission, for work in sensitive areas in
parimutuel racing as deemed appropriate by the executive director of the
commission or for licensure, renewal of licensure or continued licensure by the
commission;
(10) the Kansas racing and gaming commission, or a designee of the
commission, and the
request is accompanied by a statement that the request is being made to aid in
determining
qualifications of the following under the Kansas expanded lottery act: (A)
Lottery gaming facility
managers and prospective managers, racetrack gaming facility managers and
prospective managers,
licensees and certificate holders; and (B) their officers, directors,
employees, owners, agents and
contractors;
(11) the state gaming agency, and the request is
accompanied by a statement
that the request is being made to aid in determining qualifications: (A) To be
an employee of the state gaming agency; or (B) to be an employee of a tribal
gaming commission or to hold a license issued pursuant to a tribal-state gaming
compact;
(12) the Kansas securities commissioner, or a designee of
the commissioner,
and the request is accompanied by a statement that the request is being made in
conjunction with an application for registration as a broker-dealer, agent,
investment adviser or investment adviser representative by such agency and the
application was submitted by the person whose record has been expunged;
(13) the attorney general, and the request is accompanied
by a statement that
the request is being made to aid in determining qualifications for a license to
carry a concealed weapon pursuant to the personal and family protection
act;
(14) the Kansas sentencing commission;
(15) the Kansas
commission
on
peace officers' standards and training
and the request
is
accompanied by a statement that the request is being made to aid in determining
certification 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 is
accompanied by a statement
that the request is being made to aid in determining eligibility for employment
as a law enforcement officer as defined by K.S.A. 22-2202, and amendments
thereto.
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.
Article 45.--CODE FOR MUNICIPAL COURTS; TRIALS AND PROCEEDINGS INCIDENT THERETO
12-4516.Expungement of certain convictions, arrest
records and diversion agreements.
(a) (1) Except as provided in subsection (b) or (c), any person who
has been convicted of a violation of a city ordinance of this state may
petition the convicting court for the expungement of such conviction and
related 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 has
fulfilled the terms of a diversion agreement based on a violation of a city
ordinance of this state may petition the court for the expungement of such
diversion agreement and related arrest records if three or more years have
elapsed since the terms of the diversion agreement were fulfilled.
(b) No person may petition for expungement until five or more years have
elapsed since the person satisfied the sentence imposed or the terms of a
diversion agreement or was discharged from probation, parole, conditional
release or a suspended sentence, if such person was convicted of the violation
of 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 public
highways of this state has been canceled, suspended or revoked, as prohibited
by 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 of
K.S.A. 8-142, and amendments thereto, relating to fraudulent applications;
(5) any crime punishable as a felony wherein a motor
vehicle was used in the perpetration of such crime;
(6) failing to stop at the scene of an accident and perform
the 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, and
amendments 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 a
violation 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 date
for a hearing of such petition and shall cause notice of such hearing to be
given to the prosecuting attorney and the arresting law enforcement agency. The
petition shall state: (1) The defendant's full name;
(2) the full name of the defendant at the time of arrest, conviction or
diversion, 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 or
diverting authority. A municipal court may prescribe a fee to be charged as
costs for a person petitioning for an order of expungement pursuant to this
section. Any person who may have relevant information about the petitioner may
testify at the hearing. The court may inquire into the background of the
petitioner and shall have access to any reports or records relating to the
petitioner that are on file with the secretary of corrections or the Kansas
parole board.
(e) At the hearing on the petition, the court shall order
the petitioner's arrest record, conviction or diversion expunged if the court
finds that:
(1) The petitioner has not been convicted of a felony in the past two years
and no proceeding involving any such crime is presently pending or being
instituted against the petitioner;
(2) the circumstances and behavior of the petitioner warrant
the expungement; and
(3) the expungement is consistent with the public welfare.
(f) When the court has ordered an arrest record, conviction
or diversion expunged, the order of expungement shall state the information
required to be contained in the petition. The clerk of the court shall send a
certified copy of the order of expungement to the Kansas bureau of
investigation which shall notify the federal bureau of investigation, the
secretary of corrections and any other criminal justice agency which may have a
record of the arrest, conviction or diversion. After the order of expungement
is 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 was
expunged may be considered as a prior conviction in determining the
sentence to be imposed;
(2) the petitioner shall disclose that the arrest, conviction or
diversion occurred if asked about previous arrests, convictions or diversions:
(A) In any application for employment as a detective with a private detective
agency, as defined by K.S.A. 75-7b01, and amendments thereto; as security
personnel with a private patrol operator, as defined by K.S.A. 75-7b01, and
amendments thereto; or with an institution, as defined in K.S.A. 76-12a01, and
amendments thereto, of the department of social and rehabilitation services;
(B) in any application for admission, or for an order of reinstatement, to
the practice of law in this state;
(C) to aid in determining the petitioner's qualifications for employment with
the Kansas lottery or for work in sensitive areas within the Kansas lottery as
deemed appropriate by the executive director of the Kansas lottery;
(D) to aid in determining the petitioner's qualifications for executive
director of the Kansas racing and gaming commission, for employment with
the commission or
for work in sensitive areas in parimutuel racing as deemed appropriate by the
executive director of the commission, or to aid in determining qualifications
for licensure or renewal of licensure by the commission;
(E) to aid in determining the petitioner's qualifications for the
following
under the Kansas
expanded lottery act: (i) Lottery gaming facility manager or prospective
manager, racetrack gaming facility manager or prospective manager, licensee or
certificate holder;
or (ii) an officer,
director, employee, owner, agent or contractor thereof;
(F) upon application for a commercial driver's license
under
K.S.A. 8-2,125 through 8-2,142, and amendments thereto;
(G) to aid in determining the petitioner's qualifications
to be an employee
of the state gaming agency;
(H) to aid in determining the petitioner's qualifications
to be an employee
of a tribal gaming commission or to hold a license issued pursuant to a
tribal-state gaming compact;
(I) in any application for registration as a broker-dealer,
agent,
investment adviser or investment adviser representative all as defined in
K.S.A. 17-12a102, and amendments thereto;
(J) in any application for employment as a law enforcement officer, as
defined 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 in
determining the petitioner's qualifications for a license to carry a concealed
weapon pursuant to the personal and family protection act,
K.S.A. 2009 Supp.
75-7c01 et
seq., and amendments thereto;
(3) the court, in the order of expungement, may specify other
circumstances under which the arrest, conviction or diversion is to be
disclosed; and
(4) the conviction may be disclosed in a subsequent prosecution for
an offense which requires as an element of such offense a prior
conviction of the type expunged.
(g) Whenever a person is convicted of an ordinance
violation, pleads guilty and pays a fine for such a violation, is placed on
parole 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 or
conviction. Whenever a person enters into a diversion agreement, the person
shall be informed of the ability to expunge the diversion.
(h) Subject to the disclosures required pursuant to
subsection (f), in any application for employment, license or
other civil right or privilege, or any appearance as a witness, a person whose
arrest records, conviction or diversion of an offense has been expunged under
this statute may state that such person has never been arrested, convicted or
diverted of such offense.
(i) Whenever the record of any arrest, conviction or
diversion has been expunged under the provisions of this section or under the
provisions of any other existing or former statute, the custodian of the
records of arrest, conviction, diversion and incarceration relating to that
crime shall not disclose the existence of such records, except when requested
by:
(1) The person whose record was expunged;
(2) a private detective agency or a private patrol operator, and the request
is accompanied by a statement that the request is being made in conjunction
with an application for employment with such agency or operator by the person
whose record has been expunged;
(3) a court, upon a showing of a subsequent conviction of the person
whose record has been expunged;
(4) the secretary of social and rehabilitation services, or a
designee of the secretary, for the purpose of obtaining information
relating to employment in an institution, as defined in K.S.A.
76-12a01, and amendments thereto, of the department of social
and rehabilitation services of any person whose record has been expunged;
(5) a person entitled to such information pursuant to the terms of
the expungement order;
(6) a prosecuting attorney, and such request is accompanied by a
statement that the request is being made in conjunction with a
prosecution of an offense that requires a prior conviction as one of the
elements 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 discipline
of attorneys, and the request is accompanied by a statement that the request
is being made in conjunction with an application for admission, or for an
order of reinstatement, to the practice of law in this state by the person
whose record has been expunged;
(8) the Kansas lottery, and the request is accompanied by a statement
that the request is being made to aid in determining qualifications for
employment with the Kansas lottery or for work in sensitive areas within
the Kansas lottery as deemed appropriate by the executive director of the
Kansas lottery;
(9) the governor or the Kansas racing and gaming commission, or a
designee of the
commission, and the request is accompanied by a statement that the request is
being made to aid in determining qualifications for executive director of the
commission, for employment with the commission, for work in sensitive areas in
parimutuel racing as deemed appropriate by the executive director of the
commission or for licensure, renewal of licensure or continued licensure by the
commission;
(10) the Kansas racing and gaming commission, or a designee of the
commission, and the
request is accompanied by a statement that the request is being made to aid in
determining
qualifications of the following under the Kansas expanded lottery act: (A)
Lottery gaming facility
managers and prospective managers, racetrack gaming facility managers and
prospective managers,
licensees and certificate holders; and (B) their officers, directors,
employees, owners, agents and
contractors;
(11) the state gaming agency, and the request is
accompanied by a statement
that the request is being made to aid in determining qualifications: (A) To be
an employee of the state gaming agency; or (B) to be an employee of a tribal
gaming commission or to hold a license issued pursuant to a tribal-state gaming
compact;
(12) the Kansas securities commissioner, or a designee of
the commissioner,
and the request is accompanied by a statement that the request is being made in
conjunction with an application for registration as a broker-dealer, agent,
investment adviser or investment adviser representative by such agency and the
application was submitted by the person whose record has been expunged;
(13) the attorney general, and the request is accompanied
by a statement that
the request is being made to aid in determining qualifications for a license to
carry a concealed weapon pursuant to the personal and family protection
act;
(14) the Kansas sentencing commission;
(15) the Kansas
commission
on
peace officers' standards and training
and the request
is
accompanied by a statement that the request is being made to aid in determining
certification 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 is
accompanied by a statement
that the request is being made to aid in determining eligibility for employment
as a law enforcement officer as defined by K.S.A. 22-2202, and amendments
thereto.
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.