Expunge a conviction, diversion or arrest record

Download Expungement Petition (For expunging convictions ONLY)

What is an expungement?

The expungement process essentially erases convictions, diversions, and/or arrest information from a person's criminal record (certain exceptions apply). There can be significant advantages to this process, particularly on job applications.

What if I’m asked about an expunged record?

According to Kansas Law (K.S.A. 12-4516), and with certain exceptions referenced below, “in any application for employment […] a person whose arrest records, conviction or diversion of an offense has been expunged under this statute may state that such person has never been arrested, convicted or diverted of such offense.”

What are the exceptions?

K.S.A. 12-4516 specifies that expunged records shall be disclosed to certain entities (examples include prosecuting attorneys, employment applications to the State Gaming Agency, Kansas Lottery, Law Practice, and certain others). Refer to the Statute for official information.

Am I eligible?

Generally, a case is eligible for expungement after 3-5 years have passed after the case has been closed (the amount of time varies by the offense) and if the court finds that the circumstances and behavior of the petitioner warrant the expungement; and the expungement is consistent with the public welfare. For official eligibility requirements, see K.S.A. 12-4516.

How can I obtain an expungement?

The following requirements must be satisfied:

• Pay the $75 expungement fee.
• Submit a Petition for Expungement and a prepared Order of Expungement. Kansas Law (K.S.A. 12-4516) requires these documents to contain the following information:
• Name
• Name at time of Arrest
• Sex
• Race
• Date of Birth
• Crime Convicted
• Date of Arrest
• Date of Conviction (or diversion)
• Convicting Court (Newton Municipal Court)
• Signature
• Current address & phone number of defendant and/or defense counsel (required by our Court).

While there is no prescribed format for the Expungement Petition and Order, we have provided some blank forms that are formatted in an acceptable manner and that contain all the required elements. These should NOT be handwritten.

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