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DUI Expungement in Kansas

Kansas law has recently undergone a change for DUI expungement.  Prior to the amendments, offenders could petition the court for expungement beginning three years after they had either finished their sentence or completed probation.  Currently, Kansas law allows a petition for expungement of a DUI after 10 years.

If charged and found guilty of vehicular homicide while under the influence of alcohol, expungement will never be an option.

In order to successfully expunge a record for DUI, the offender must first file a petition with the court.  The court will then set a date for a hearing and provide notice to the prosecuting attorney and the arresting law enforcement agency.   The petition should include the defendants name, sex, race, date of birth, crime for which they were arrested or convicted,  the date of their arrest or conviction, the identity of the court where they were convicted, and the identity of the arresting law enforcement authority.   The petition fee for expungement is $100.00 and they should be docketed in the original criminal action.

At the hearing, any person with relevant information may testify and the court may inquire into the background and reports or records relating to the petitioner that are on file with the corrections or parole board.  The court shall order the petitioners arrest record or conviction expunged if the petitioner has not been convicted of a felony within the past two years, if no crime proceedings are pending, if the circumstances and behavior of the petitioner warrant the expungement and if expungement is consistent with the public welfare.

If arrested for subsequent crimes after expungement, the conviction that was expunged may be considered as a prior conviction and the petitioner must disclose such information if asked about previous arrests in many circumstances such as applying for a government position and reinstatement to the practice of law.

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