Kansas Petition for Expungement of Record in Case of Acquittal and Release without Conviction

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US-02243BG
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Description

Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

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FAQ

Kansas Statute 21-6613(a) provides that ?A person who has been convicted in any state or federal court of a felony shall, by reason of such conviction, be ineligible to hold any public office under the laws of the state of Kansas, or to register as a voter or to vote in any election held under the laws of the state of ...

This program allows people to enroll in payment plans, schedule new court dates for outstanding warrants, and expunge old violations without the fear of arrest.

§ 21-6614(h)(2); see also § 21-6614(k). Effective May 2021, an expungement is effective to remove state firearms restrictions (which are generally time-limited in any event, see Part I above). § 21-6614(j).

Most people, when they want to get an expungement, call a lawyer. The lawyer will look at their case and determine whether they have met the statutory requirements.

§ 21-6304(a)(3), (4). Previously, the periods of dispossession were ten and five years. The 2021 amendments also made clear that either a pardon or an expungement restores firearms rights for all but those who lose rights for eight years. See HB2058, adding § 21-6304(c).

The expungement process generally takes 8 to 12 weeks. Sometimes you can get it done faster in some municipal courts; but if it's in a district court, 8 to 12 weeks are standard. What Are The Remedies Available To Someone Who Is Not Eligible For An Expungement? Any remedies would depend on why you're not eligible.

If the expungement is approved, the clerk of the court will mail a certified copy to the Kansas Bureau of Investigation (KBI). Once the certified order of expungement is received at the KBI, it takes approximately 2-4 weeks to process the expungement and update the criminal history record.

In the case of a misdemeanor, complete and submit CR-180 California Penal Code section 1203.4a states the requirements of expunging a California misdemeanor, including completing and submitting form CR-180, the Petition for Dismissal. Note that you must submit the petition for expungement in the county of conviction.

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Kansas Petition for Expungement of Record in Case of Acquittal and Release without Conviction