Can a Felony Be Expunged in Kansas? What You Need to Kn
A felony conviction can have lifelong consequences. It can affect employment opportunities, housing applications, professional licenses, and even your reputation in the community. The good news is that in Kansas, many felony convictions can be expunged, which means they are legally removed from your public record.
Here’s what you need to know if you are considering expungement in Kansas.
What Is Expungement?
Expungement is a legal process that seals your criminal record from public view. Once an expungement is granted, most employers, landlords, and members of the public will not be able to see the conviction. However, law enforcement agencies, prosecutors, and some professional licensing boards may still have access in certain situations.
Who Qualifies for Felony Expungement in Kansas?
Eligibility depends on the type of felony and how much time has passed since you completed your sentence. In general:
- Certain felonies can be expunged after three years from the completion of the sentence, probation, or parole.
- Other felonies require a five-year waiting period.
- Serious offenses such as sex crimes, violent crimes, and crimes against children are generally not eligible for expungement.
The Expungement Process
1. File a Petition: You or your attorney file a petition in the court where you were convicted.
2. Court Review: The judge reviews your record, including any new criminal activity since the conviction.
3. Hearing: In many cases, there will be a court hearing. The judge decides whether granting expungement is in the “public welfare” and consistent with justice.
4. Order of Expungement: If granted, the court issues an order sealing your record from public access.
Why Hire a Lawyer for Expungement?
While some people attempt to handle expungement on their own, the process can be technical and confusing. A mistake on paperwork can delay your case for months. An experienced Kansas criminal defense attorney can:
- Review your record and determine if you are eligible
- Prepare and file your petition correctly
- Represent you in the hearing and argue why expungement should be granted
- Increase your chances of success on the first try
The Bottom Line
If you have a felony on your record, expungement may give you the second chance you deserve. But the process is not automatic, and not every felony qualifies.
Consulting with an experienced Overland Park criminal lawyer can help you understand your options and put you on the path toward clearing your record.