Expungement means that all records of your arrest and conviction/diversion are sealed. This means that employers and the public will not be able to see the records in the KBI criminal history database. You will be treated as though the arrest/conviction never happened, and you are able to answer that you were not arrested or convicted in most instances, including most job applications. There are statutory exceptions in which you must still disclose the arrest/conviction, and certain agencies will still be able to see the information.
The Kansas Legislature has frequently changed the eligibility requirements for expungement of DUI convictions. Currently, a person becomes eligible for expungement 7 years from the time they have either satisfied their sentence, or have been discharged from probation. DUI expungement eligibility is determined from the law in effect at the time of your conviction, and therefore different time frames may apply to different people.
- Convictions before July 1, 2006 require a waiting period of 5 years from date the sentence is satisfied, or the person is discharged from probation
- Convictions between July 1, 2006, and July 1, 2011 occurred during a period of time when the Kansas legislature prohibited DUI expungements. There is no definitive answer yet, but the waiting period will likely be either 7 or 10 years from the date the sentence was satisfied, or the person was discharged from probation
- Convictions from July 1, 2011, and July 1, 2014 require a waiting period of 10 years from date the sentence was satisfied, or the person was discharged from probation.
- Convictions after July 1, 2014 require a 7 year waiting period from date the sentence was satisfied, or the person was released from probation.
If you believe you may be eligible, or have questions regarding your eligibility to expunge your record, please call us at (316) 263-7596. We will be happy to schedule a free consultation to discuss your case with you.