Kansas Expungement Laws: K.S.A. 21-6614 Eligibility, Waiting Periods, and Filing Steps
Kansas Expungement Laws: Eligibility, Waiting Periods, and How to File
Kansas law gives eligible residents a statutory path to seal criminal convictions and arrest records under K.S.A. 21-6614 and K.S.A. 22-2410, clearing the way for employment, housing, and licensing opportunities blocked by an old record.
Information last verified on May 29, 2026. This article has not yet been reviewed by a licensed attorney.
Jurisdiction scope: This article covers Kansas state law only. For a comparison across all 50 states, see Expungement Laws by State.
Who Is Eligible Under K.S.A. 21-6614
Kansas law permits a petition for expungement of a conviction when the offense falls within the eligible categories and the required waiting period has passed. Under K.S.A. 21-6614(a), eligible offenses include traffic infractions, tobacco infractions, misdemeanors, class D and E felonies (pre-sentencing-guidelines cases), nongrid felonies, and felonies ranked at severity levels 6 through 10 of the nondrug grid. Certain drug-grid felonies at levels 4 and 5 are also eligible depending on the date of the offense. Diversion agreements are expressly covered: a petitioner may seek expungement three years after completing the terms of diversion. Participants who complete a specialty court program (such as a drug court or veterans court) may petition immediately upon program completion, and courts have discretion to waive the docket fee in those cases. To qualify at the hearing stage, the petitioner must show they have not been convicted of a felony in the two years before filing and that no felony proceeding is pending (K.S.A. 21-6614(h)).
Waiting Periods by Offense Type
The clock on a Kansas expungement waiting period starts when the sentence is completed, meaning when the petitioner has satisfied the sentence imposed or was discharged from probation, a community corrections program, parole, postrelease supervision, conditional release, or a suspended sentence (K.S.A. 21-6614(a)). The standard waiting period is three years for most misdemeanors and lower-level felonies. A five-year wait applies to class A, B, or C felonies; off-grid felonies; and severity levels 1 through 5 of the nondrug grid. Five years is also required for a first violation of K.S.A. 8-1567 (driving under the influence) under K.S.A. 21-6614(d)(1). Repeat DUI offenders face a ten-year wait under K.S.A. 21-6614(d)(2). Certain motor vehicle offenses such as vehicular homicide, driving with a suspended license, and leaving the scene of an accident carry a five-year period as well. Meeting the waiting period does not guarantee expungement; the court still must find at a hearing that circumstances and the public welfare support granting the petition.
Offenses That Can Never Be Expunged
K.S.A. 21-6614(e) lists 19 offense categories that are permanently ineligible for expungement, regardless of how much time has passed or how well the petitioner has rehabilitated. The permanently barred offenses include: rape (K.S.A. 21-5503); criminal sodomy and aggravated criminal sodomy (K.S.A. 21-5504); indecent liberties with a child and aggravated indecent liberties with a child (K.S.A. 21-5506); indecent solicitation of a child and aggravated indecent solicitation (K.S.A. 21-5508); sexual exploitation of a child (K.S.A. 21-5510); internet trading in child pornography and aggravated internet trading (K.S.A. 21-5514); aggravated incest (K.S.A. 21-5604); endangering a child and aggravated endangering a child (K.S.A. 21-5601); abuse of a child (K.S.A. 21-5602); capital murder (K.S.A. 21-5401); first-degree murder (K.S.A. 21-5402); second-degree murder (K.S.A. 21-5403); voluntary manslaughter (K.S.A. 21-5404); involuntary manslaughter (K.S.A. 21-5405); sexual battery where the victim was under 18, and aggravated sexual battery (K.S.A. 21-5505); and violations of K.S.A. 8-2,144. Any person required to register under the Kansas Offender Registration Act also cannot petition for expungement while registration remains active.
DUI Expungement in Kansas
Kansas does allow expungement of a DUI conviction, but the waiting periods are longer than for most other offenses and are set out separately in K.S.A. 21-6614(d). A first DUI conviction under K.S.A. 8-1567 requires five years to elapse after sentence completion before a petition may be filed. A second or any subsequent DUI conviction requires ten years. Beyond the waiting period, the standard hearing findings still apply: the court must be satisfied that the petitioner has not been convicted of a felony within the prior two years, that no felony case is pending, that the circumstances warrant expungement, and that the public welfare is served. DUI expungement in Kansas does not automatically restore driving privileges suspended by the Department of Revenue; those are separate proceedings. For a broader state-by-state comparison, see DUI expungement by state.
Expunging an Arrest Record Under K.S.A. 22-2410
A separate statute, K.S.A. 22-2410, covers expungement of arrest records that did not result in a conviction. Any person arrested in Kansas may petition the district court for expungement. Mandatory expungement applies when the arrest resulted from mistaken identity or identity theft and charges were dismissed or never filed; in those cases the prosecuting attorney must petition the court, which is required to order the record expunged and purged from all applicable state and federal systems at no fee. For other situations, the court may order expungement upon finding that the arrest occurred because of mistaken identity, that no probable cause existed, that the petitioner was acquitted, or that charges were dismissed and expungement serves the interests of justice. The docket fee for a K.S.A. 22-2410 petition is $176, but no fee applies to persons who were arrested as a result of being a victim of identity theft, whose charges were dismissed for lack of probable cause, who were found not guilty, or whose charges were dismissed. After expungement under this statute, the person may state they have never been arrested for that offense in employment and licensing contexts.
How to File for Expungement in Kansas
The petition for expungement under K.S.A. 21-6614 is filed in the district court where the original conviction or diversion occurred. Under K.S.A. 21-6614(g)(1), the petition must include the petitioner's full name (and any name used at the time of arrest or conviction if different), sex, race, date of birth, the crime charged, the date of arrest or conviction, and the identity of the convicting court, arresting law enforcement agency, or diverting authority. The petition must be accompanied by a $176 docket fee (K.S.A. 21-6614(g)(2)). The court sets a hearing date and gives notice to the prosecutor and the arresting law enforcement agency (K.S.A. 21-6614(g)(3)). At the hearing, if the court grants the petition, the clerk sends certified copies of the expungement order to the Kansas Bureau of Investigation, which in turn notifies the FBI, the Secretary of Corrections, and other criminal justice agencies to update or purge records from their databases (K.S.A. 21-6614(i)). Self-help forms are available through the Kansas district courts; contact the clerk of the court in the originating county for the current approved petition form.
Legal Effect of an Expungement
After a Kansas court grants expungement under K.S.A. 21-6614, the petitioner is treated as if they were never convicted for most purposes. In response to employment, housing, or civil inquiries, the person may state that no such conviction exists (K.S.A. 21-6614(k)). However, the statute requires disclosure of the expunged record in specific contexts: applications for positions as a private detective or security officer, law enforcement employment, Kansas Lottery positions, admission to the practice of law, gaming or racing industry roles, commercial driver's licenses, and bail enforcement agent licenses. Effective July 1, 2021, expungement of a conviction that had prohibited firearm possession also restores the right to use, transport, receive, purchase, transfer, and possess firearms under Kansas law.
Disclaimer: This article provides general legal information about Kansas expungement law as of May 29, 2026, and reflects statutes in effect at that date. It is not legal advice and does not create an attorney-client relationship. Expungement eligibility depends on the specific facts of each case. Consult a licensed Kansas attorney for advice about your situation.
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Sources
The statutes cited in this article are drawn directly from the Kansas Legislature and Kansas Revisor of Statutes, the official sources for Kansas law.
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RecordingLaw.com provides legal information, not legal advice. Laws change; verify current statutes at ksrevisor.gov before relying on this content.