What is an Expungement?

Expungement is the removal of an arrest or conviction from a person’s criminal record. When a person’s record is expunged, no information related to the arrest or conviction may be disclosed, with certain exceptions. In Kansas, arrest records, criminal convictions, and juvenile adjudications can be expunged.

Expunging Records

Expunging Arrest Records

Any arrest record can be expunged – there is no time limit required. An arrest record can be expunged if any of these items occurred:

  • Mistaken identity
  • The court found there was no probable cause for the arrest
  • You were found not guilty in the court proceedings, or
  • The expungement would be in the best interests of justice and either charges were dismissed or charges won’t be filed.

Expunging Criminal Convictions

A criminal conviction can be expunged if the required amount of time has passed, and there hasn’t been an additional felony conviction in the past 2 years. Some convictions can be expunged 3 years after payment of all fines and the completion of the sentence. Those convictions include minor offenses, traffic violations, and some felonies. Other felonies and motor vehicle offenses, such as driving while suspended, can be expunged 5 years after the completion of the sentence.

To view the Expungement Time Requirement chart, please click HERE.

There are some criminal convictions that cannot be expunged. They are:

  • Capital murder
  • Murder in the first or second degree
  • Voluntary and involuntary manslaughter
  • Rape
  • Aggravated sexual battery
  • Sexual battery of underage victim
  • Indecent liberties with a child
  • Criminal sodomy
  • Indecent solicitation of a child
  • Sexual exploitation of a child
  • Aggravated incest
  • Endangering a child
  • Abuse of a child

Convictions and Voting

If you are granted probation or parole, you are “under supervision” until the probation or parole are finished.  When those are finished, you can register and vote in Kansas.

Only people who have been convicted of a state or federal felony lose their voting rights.  State law (KSA 21-4603, 21-4603d, 21,4615) prevents persons who have been convicted of a fellow from registering to vote, voting, holding public office or serving on a jury. 

You have to reregister to vote, even if you were registered before, when you become eligible. You will not be asked for any proof that you have been discharged from supervision.  The voter registration application form contains an affidavit that you sign stating that your right to vote has been restored. 

Juvenile Adjudications

Most juvenile adjudications can be expunged if:

  • The juvenile has reached the age of 23 or it has been 2 years since the sentence was completed.
  • Since the sentence was completed, there are no pending criminal cases; and
  • The circumstances and behavior of the juvenile warrant expungement.

There are some adjudications cannot be expunged. They are:

  • Murder
  • Manslaughter
  • Rape
  • Indecent liberties
  • Criminal Sodomy
  • Indecent solicitation
  • Sexual exploitation
  • Aggravated incest
  • Endangering a child
  • Abuse of a child

Expunging a Juvenile Offense

Juvenile expungement can be filed:

  • At any age, when 2 years have passed since a final discharge (sentence served and restitution paid.). 
  • At age 23 even if there is no final discharge.
  • No felony or misdemeanor conviction after the juvenile case (although courts may often allow this when 2 years have occurred since the prior case was finalized.)

There is a $100 docket fee for filing the expungement. The paperwork is filed in the juvenile court case, using the same case number.


Forms are available on the Kansas Judicial Council website. Please click HERE.

Disclaimer: This is general information. For specific advice on individual matters, you should consult an attorney.