Having a record of arrests or convictions can have a serious impact on someone’s future. Not only is it damaging to your reputation, but it can also have a negative effect on your future economic opportunities, including employment. Many states have recognized these consequences and have enacted legislation that provides a means for the expungement of criminal records. These laws help ensure that future employers, licensing agencies, creditors, and communities view a person in light of his or her present conduct rather than the mistakes that may have been made in the distant past. If you are seeking expungement of criminal records in Wichita or anywhere in the south central Kansas area, you should seek the assistance of a seasoned criminal defense attorney such as J. Joseph Weber of Weber Law Office, P.A.
Grounds for Expungement
Kansas statute at K.S.A. § 22-2410 provides a limited opportunity for the expungement of arrest records. This provision applies to those who have been arrested and charged with an offense. Under this expungement provision, a person who has been arrested in Kansas may petition the district court for the expungement of such arrest record. Once it receives the petition, the court shall schedule a hearing and provide notice to the prosecuting attorney and the arresting law enforcement agency. A district court is required to order the expungement of the petitioner’s arrest record and subsequent court proceedings if it finds one of the following:
- The arrest occurred because of mistaken identity;
- There was no probable cause for the arrest;
- The petitioner was found not guilty in court proceedings; or
- The expungement would be in the best interests of justice and either the charges have been dismissed, or no charges have been or are likely to be filed.
Additionally, Kansas statute requires petitioners to pay a fee of $100 for asking for expungement. However, the fee is waived if the petitioner was arrested as a result of being a victim of identity theft, or who has had criminal charges dismissed because a court has found that there was no probable cause for the arrest or the petitioner was found not guilty, or the charges otherwise dismissed.
Once a court grants a petition for expungement, the clerk of the court is required to send a certified copy of that order to the Kansas Bureau of Investigation, which will notify the Federal Bureau of Investigation, the Secretary of Corrections, and any other criminal justice agency which may have a record of the arrest. The statute provides once an order of expungement is entered, the petition must be treated as not having been arrested.
Possibility of Disclosure
The statute also provides for limited circumstances where a court may make arrest records available, even though they have been expunged. These circumstances include applications for employment as a detective with a private detective agency or as a security personnel with a private patrol operator. They may also be disclosed when the individual applies for a job with an institution of the Department of Social and Rehabilitation Services. Additional circumstances include an application for admission to practice law, applications for a commercial driver’s license, or certain jobs involving the Kansas lottery or gaming agencies.
You should contact an experienced defense attorney if you believe you are eligible for expungement of your arrest records, which can seriously affect your prospects for future employment and economic opportunities. Call Weber Law Office, P.A.at (316) 265-7802 or submit our online information request form. We will review your records, conduct a thorough investigation, and help you pursue successful expungement of your arrest records.