Kansas uses K.S.A. § 21-6614 for expunging an arrest record. Read those subsections before you draft. The title is only the outline. K.S.A. § 22-2410 is the arrest-record petition. K.S.A. § 21-6614 is the conviction petition.
Petitions the courts already decided
State of Kansas v. Lanny Riedel, 242 Kan. 834 (1988) is worth reading in full. The opinion puts it this way: “In 1981 defendant sought and received an order of the Douglas County District Court expunging the 1970 conviction.”
William H. Chamberlain v. Janice Buhrman, 250 Kan. 277 (1992) is worth reading in full. The opinion puts it this way: “K.S.A. 1990 Supp. 12-4516(e) provides, in part: “When the court has ordered a conviction expunged, the order of expungement shall state the information required to be contained in the petition.”
State of Kansas v. Daniel Yrigolla, 38 Kan. App. 2d 1029 (2008) is worth reading in full. The opinion puts it this way: “Ortiz, Jr., appeal the trial court’s order denying their motions to expunge their arrest records.”
The petition and the sections next to it
K.S.A. § 12-4516 deals with expunging an arrest record. The subsections are what a petition has to satisfy.
K.S.A. § 22-2410 deals with expunging an arrest record. The statute says: “(a) (1) Any person who has been arrested in this state may petition the district court for the expungement of such arrest record.”
K.S.A. § 22-4908 deals with - Petition for relief from registration; procedure; elements of proof; expungement. The subsections are what a petition has to satisfy.
Filing order
- Open K.S.A. § 21-6614 and read the part on expunging an arrest record. Everything else in the filing has to fit that section.
- Ask the clerk which local form that Kansas county uses, then check the form against K.S.A. § 21-6614.
- Then read State of Kansas v. Lanny Riedel, 242 Kan. 834 (1988). That is a Kansas court already applying this kind of request.
Frequently asked questions
How do you expunge a criminal record in Kansas?
Kansas uses K.S.A. § 21-6614 for expunging an arrest record. Read those subsections before you draft. The title is only the outline. K.S.A. § 22-2410 is the arrest-record petition. K.S.A. § 21-6614 is the conviction petition.
How have Kansas courts ruled on expungement?
State of Kansas v. Lanny Riedel, 242 Kan. 834 (1988) “In 1981 defendant sought and received an order of the Douglas County District Court expunging the 1970 conviction.”
Nothing on this page is a prediction of how a Kansas judge will rule. K.S.A. § 21-6614 is the text the petition has to satisfy.