How to expunge a felony in Kansas?

How to Expunge a Felony in Kansas

Expunging a felony conviction in Kansas can be a complex and challenging process, but it’s possible with the right guidance. In this article, we’ll walk you through the steps to expunge a felony in Kansas and provide you with the necessary information to successfully complete the process.

Eligibility for Felony Expungement in Kansas

Before we dive into the process, it’s essential to understand who is eligible for felony expungement in Kansas. According to Kansas Statute 21-6610, you may be eligible for felony expungement if:

• You have completed your sentence, including any probation or parole
• You have not been convicted of a felony or misdemeanor crime within the past 10 years
• You are not currently charged with or under investigation for a felony or misdemeanor crime
• You have not been revoked from probation or parole
• You have not been convicted of a crime of violence or a crime against a child

Steps to Expunge a Felony in Kansas

Here are the steps to follow to expunge a felony in Kansas:

Step 1: Gather Required Documents

To start the expungement process, you’ll need to gather the following documents:

• A copy of your conviction record
• A copy of your sentence and any court orders related to your case
• A copy of your probation or parole discharge papers
• A letter from your probation or parole officer stating that you have completed your sentence and any outstanding fines or fees
• A copy of any certificates of completion for court-ordered programs or services

Step 2: Determine the Type of Expungement You Need

There are two types of expungement available in Kansas: complete expungement and partial expungement.

• Complete Expungement: This type of expungement completely seals your conviction record and makes it unavailable to the public.
• Partial Expungement: This type of expungement only seals certain records or information related to your conviction.

Step 3: File the Petition for Expungement

Once you’ve gathered the necessary documents and determined the type of expungement you need, you’ll need to file a petition for expungement with the court. You can file the petition in the same court where you were originally convicted.

Petition for Expungement

The petition for expungement should include the following information:

• Your name and address
• The name of the court where you were convicted
• The date and location of your conviction
• A description of the crime for which you were convicted
• The sentence you received
• The reason for your petition (e.g. you’re seeking employment or education opportunities)

Step 4: Serve the Defendant and File Proof of Service

After filing the petition, you’ll need to serve the defendant (i.e. the state of Kansas) with a copy of the petition. You’ll also need to file proof of service with the court.

Proof of Service

The proof of service should include the following information:

• The name and address of the person who served the defendant
• The date and time of service
• A description of the documents that were served

Step 5: Attend a Hearing (If Necessary)

If the defendant objects to your petition for expungement, you’ll need to attend a hearing. The hearing will be scheduled by the court and will give you an opportunity to present your case and address any objections raised by the defendant.

Hearing Requirements

At the hearing, you’ll need to present evidence to support your petition for expungement. This may include testimony from witnesses, including experts or character witnesses. You’ll also need to present evidence that you’ve met the eligibility requirements for expungement.

Step 6: Receive the Court’s Decision

After the hearing, the court will issue a decision regarding your petition for expungement. If your petition is granted, the court will order the expungement of your conviction record. If your petition is denied, you’ll receive a written explanation of the court’s decision.

What Happens After Expungement

After your conviction record has been expunged, you may:

• Seal Your Conviction Record: Your conviction record will be sealed, making it unavailable to the public.
• Remove the Conviction from Your Background Check: You may be able to remove the conviction from your background check, depending on the type of expungement you received.
• Improve Your Job and Education Opportunities: With a expunged conviction, you may have better job and education opportunities, as many employers and educational institutions do not consider expunged convictions.

Timeline for Expunging a Felony in Kansas

The timeline for expunging a felony in Kansas can vary depending on the complexity of your case and the court’s docket. On average, the process can take:

• 3-6 months: From filing the petition to receiving the court’s decision
• 6-12 months: From filing the petition to the completion of the process, including any necessary hearings or appeals

Fees and Costs

There are several fees and costs associated with expunging a felony in Kansas, including:

• Petition Fee: $30-$50
• Filing Fee: $20-$50
• Service Fee: $10-$20
• Hearing Fee: $20-$50

Conclusion

Expunging a felony conviction in Kansas can be a complex and challenging process, but it’s possible with the right guidance. By following the steps outlined in this article, you can successfully expunge your conviction record and improve your job and education opportunities. Remember to gather the necessary documents, determine the type of expungement you need, file the petition, serve the defendant, and attend a hearing (if necessary). With patience and persistence, you can achieve a fresh start and leave your past behind.