Expunging a Criminal Record in Kansas (2026)
Reviewed by DocDraft Legal Team · Kansas · Last updated August 19, 2026
There is no general federal expungement of a state conviction, so clearing a Kansas record is governed by Kansas law. Kansas offers true expungement of many convictions, diversions, and arrest records under K.S.A. 21-6614, and separate expungement of arrest records under K.S.A. 22-2410. The waiting period runs from the completion of your sentence: generally 3 years for misdemeanors and lower-level felonies, and 5 years for more serious felonies. Certain offenses, including many serious violent and sex crimes listed in K.S.A. 21-6614(e), can never be expunged. Kansas is petition-only and has no automatic 'clean slate' sealing; you file in the district court where the case occurred, and the Kansas Bureau of Investigation updates the central record.
Find out where you stand in Kansas
What are you trying to clear?
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What record-clearing relief does Kansas offer and what is it called?
Kansas offers true expungement. Under K.S.A. 21-6614 you can expunge many convictions, completed diversions, and arrest records, and K.S.A. 22-2410 covers expungement of arrest records. An expunged record is removed from public access, though law enforcement, courts, and some licensing bodies may still see it in defined situations.
What is the waiting period to expunge a conviction in Kansas?
The wait runs from completion of your sentence, including probation, parole, and payment of fines. Under K.S.A. 21-6614 it is generally 3 years for misdemeanors, infractions, and lower-level felonies (nondrug severity levels 6 to 10 and drug level 5), and 5 years for class A, B, or C felonies and off-grid or severity level 1 to 5 nondrug felonies.
Can you expunge a felony in Kansas?
Yes, many felonies can be expunged under K.S.A. 21-6614 once the waiting period passes, but not all. Serious violent and sex offenses listed in K.S.A. 21-6614(e), such as murder, rape, and indecent liberties with a child, are permanently excluded and can never be expunged, no matter how much time passes.
Does Kansas have automatic 'clean slate' expungement?
No. Kansas has no automatic clean-slate sealing law. Expungement is petition-only: you must file a petition in the district court where the conviction or arrest occurred, pay the docket fee or seek a waiver, and obtain a judge's order. Records are not cleared automatically after a waiting period.
Who is eligible for expungement in Kansas and who is excluded?
Eligible: most misdemeanors, many felonies, completed diversions, and arrest records after the applicable 3-year or 5-year wait under K.S.A. 21-6614. Excluded: serious offenses in K.S.A. 21-6614(e), including murder, rape, other listed sex crimes, and certain violent felonies, which are never expungeable. Arrest records without conviction may qualify under K.S.A. 22-2410.
Kansas Expungement Under K.S.A. 21-6614: Waiting Periods, Exclusions, and the KBI Record
Kansas provides genuine expungement rather than mere sealing. Under K.S.A. 21-6614 a person may petition to expunge convictions, completed diversion agreements, and arrest records once the waiting period has run from completion of the sentence, meaning the end of probation, parole, or postrelease supervision and satisfaction of fines. The wait is generally 3 years for misdemeanors, infractions, nondrug felonies at severity levels 6 through 10, and drug felonies at level 5, and 5 years for class A, B, or C felonies and off-grid or severity level 1 through 5 nondrug felonies (with parallel rules for higher-level drug felonies by conviction date). K.S.A. 21-6614(e) lists offenses that can never be expunged, including murder, rape, indecent liberties with a child, aggravated sex offenses, and other serious violent crimes; certain driving-related convictions are also treated separately. A separate track, K.S.A. 22-2410, lets a person expunge an arrest record where the arrest was a mistaken identity, lacked probable cause, ended in acquittal, or where charges were dismissed or never filed and expungement serves the best interests of justice. Kansas is petition-only with no automatic clean-slate sealing. You file in the district court that handled the case, and when a judge grants the order the clerk sends a certified copy to the Kansas Bureau of Investigation, which updates the central criminal history record and notifies the FBI and other agencies. After expungement you are generally treated as if the arrest or conviction never occurred, but law enforcement, the courts, and certain licensing and firearms determinations may still access the record.
Relevant Laws
Kansas Expungement of Convictions and Diversions (K.S.A. 21-6614)
Kansas's main expungement statute. It allows expungement of many convictions, completed diversion agreements, and arrest records, sets the 3-year and 5-year waiting periods by offense class, lists offenses that can never be expunged in subsection (e), and can restore the right to keep and bear arms.
Petition-Only Relief: No Automatic Clean Slate in Kansas
Kansas has no automatic clean-slate or auto-sealing law. Relief under K.S.A. 21-6614 is available only by filing a petition in the district court, paying the docket fee or obtaining a waiver, and securing a judge's order. Records are not cleared automatically once a waiting period passes.
Expungement of Arrest Records (K.S.A. 22-2410)
Allows a person arrested in Kansas to petition the district court to expunge an arrest record, for example where the arrest was mistaken identity, lacked probable cause, ended in acquittal, or where charges were dismissed or never filed and expungement serves the best interests of justice. Sets a docket fee.
No General Federal Expungement of State Records
There is no general federal statute that expunges a state conviction, so clearing a Kansas record depends on Kansas law. When a Kansas court grants expungement, the clerk notifies the Kansas Bureau of Investigation, which updates the central record and notifies the FBI and other criminal justice agencies.
Regional Variances
Kansas Expungement Eligibility Table (K.S.A. 21-6614 and 22-2410)
Relief type and name
True expungement under K.S.A. 21-6614 (convictions, completed diversions, and arrest records) and K.S.A. 22-2410 (arrest records). An expunged record is removed from public access; you are generally treated as if the offense never occurred, subject to statutory exceptions for law enforcement and certain licensing.
3-year waiting period (misdemeanors and lower felonies)
Under K.S.A. 21-6614, a 3-year wait from completion of sentence applies to misdemeanors, infractions, nondrug felonies at severity levels 6 through 10, and drug felonies at level 5. 'Completion' includes finishing probation, parole, or postrelease supervision and paying fines and costs.
5-year waiting period (serious felonies)
A 5-year wait from completion of sentence applies under K.S.A. 21-6614 to class A, B, or C felonies and, for crimes on or after July 1, 1993, off-grid felonies and nondrug felonies at severity levels 1 through 5, with parallel timing rules for higher-level drug felonies by conviction date.
Excluded offenses (never expungeable)
K.S.A. 21-6614(e) permanently bars expungement of listed serious offenses, including murder, rape, indecent liberties with a child, aggravated sex offenses, and other serious violent crimes. Certain driving-related convictions are handled under separate rules. These records cannot be cleared regardless of how much time passes.
Clean-slate status and filing court
Kansas is petition-only with no automatic clean-slate sealing. File in the district court for the county where the conviction or arrest occurred, pay the docket fee or seek a waiver, and serve the prosecutor. When granted, the clerk sends the order to the Kansas Bureau of Investigation, the state repository.
Suggested Compliance Checklist
Confirm eligibility and the waiting period
Before you draft the petition days after startingVerify the offense class and that the K.S.A. 21-6614 wait has run from completion of sentence: generally 3 years for misdemeanors and lower felonies and 5 years for serious felonies. Confirm the offense is not permanently excluded under K.S.A. 21-6614(e), such as murder, rape, or listed sex crimes.
Obtain your Kansas criminal history from the KBI
Before filing days after startingRequest your criminal history record from the Kansas Bureau of Investigation and gather each case number, court of jurisdiction, disposition, and sentence-completion date. Matching the petition to the KBI record and the district court file prevents missed cases and avoids a rejected or incomplete filing.
Prepare the correct expungement petition
Before filing days after startingDraft a Petition for Expungement under K.S.A. 21-6614 for a conviction or completed diversion, or under K.S.A. 22-2410 for an arrest record without conviction. State the statutory ground and the facts showing eligibility, and attach proof of sentence completion. A Kansas attorney can help if the case is complex.
File in the correct district court and address the fee
When you are ready to file days after startingFile the petition in the Kansas district court for the county where the conviction or arrest occurred, and pay the docket fee; K.S.A. 22-2410 sets the arrest-record fee. If you cannot afford it, ask the court about a poverty affidavit or fee waiver before filing so the petition is not delayed.
Serve the prosecutor, attend any hearing, and confirm the KBI update
After filing, through the hearing days after startingGive notice to the prosecuting attorney and any required victim, attend a hearing if the court sets one, and bring proof of rehabilitation and sentence completion. If granted, confirm the clerk sends a certified copy of the order to the Kansas Bureau of Investigation and keep a certified copy for yourself.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm eligibility and the waiting period | Verify the offense class and that the K.S.A. 21-6614 wait has run from completion of sentence: generally 3 years for misdemeanors and lower felonies and 5 years for serious felonies. Confirm the offense is not permanently excluded under K.S.A. 21-6614(e), such as murder, rape, or listed sex crimes. | - | Before you draft the petition |
| Obtain your Kansas criminal history from the KBI | Request your criminal history record from the Kansas Bureau of Investigation and gather each case number, court of jurisdiction, disposition, and sentence-completion date. Matching the petition to the KBI record and the district court file prevents missed cases and avoids a rejected or incomplete filing. | - | Before filing |
| Prepare the correct expungement petition | Draft a Petition for Expungement under K.S.A. 21-6614 for a conviction or completed diversion, or under K.S.A. 22-2410 for an arrest record without conviction. State the statutory ground and the facts showing eligibility, and attach proof of sentence completion. A Kansas attorney can help if the case is complex. | - | Before filing |
| File in the correct district court and address the fee | File the petition in the Kansas district court for the county where the conviction or arrest occurred, and pay the docket fee; K.S.A. 22-2410 sets the arrest-record fee. If you cannot afford it, ask the court about a poverty affidavit or fee waiver before filing so the petition is not delayed. | - | When you are ready to file |
| Serve the prosecutor, attend any hearing, and confirm the KBI update | Give notice to the prosecuting attorney and any required victim, attend a hearing if the court sets one, and bring proof of rehabilitation and sentence completion. If granted, confirm the clerk sends a certified copy of the order to the Kansas Bureau of Investigation and keep a certified copy for yourself. | - | After filing, through the hearing |
Frequently Asked Questions
You pay a district court docket fee to file the petition, and K.S.A. 22-2410 sets the docket fee for arrest-record expungement. Fees vary by court and case type, and there may be a separate KBI record-check charge. If you cannot afford the fee, ask the Kansas district court about a poverty affidavit or fee waiver.
After you file in the district court, the prosecutor receives notice and time to respond, and the court may schedule a hearing, so the process commonly takes from about one to several months. Timing depends on the county's docket, whether the prosecutor or a victim objects, and how quickly you provide proof of sentence completion.
Sometimes yes. After a Kansas expungement you are generally treated as if the offense never occurred, but K.S.A. 21-6614 allows disclosure in defined situations, including certain law enforcement, court, corrections, and licensing determinations, and some professional or firearms licensing background checks. The record is removed from routine public access rather than physically destroyed in every case.
Generally yes. Once a conviction is expunged under K.S.A. 21-6614, you may in most situations state that you have not been convicted, and standard employment applications usually cannot be used against you. But specific exceptions exist, such as certain criminal justice, firearms, and regulated-licensing questions, so read a form's wording carefully before answering.
It can. K.S.A. 21-6614 provides that an expungement order may restore the right to keep and bear arms for certain convictions, but not for offenses the statute keeps excluded, and federal firearms law may still apply independently. Because the outcome depends on the specific offense, an attorney can help confirm whether your gun rights are actually restored.
Other Kansas guides
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