US Laws, Codes, Statutes & Cases

      38-1610.   Expungement of records. (a) Except as provided in subsection (b), any records or files specified in this code concerning a juvenile offender may be expunged upon application to a judge of the court of the county in which the records or files are maintained. The application for expungement may be made by the person who is the juvenile offender or, if the person is a juvenile, by the person's parent or next friend.

      (b)   There shall be no expungement of records or files concerning acts committed by a juvenile which, if committed by an adult, would constitute a violation of K.S.A. 21-3401, 21-3402, 21-3403, 21-3404, 21-3439, 21-3442, 21-3502 (a)(1), 21-3503, 21-3504, 21-3506, 21-3510, 21-3511, 21-3516, 21-3518, 21-3603, 21-3608 or 21-3609, and amendments thereto, or which would constitute an attempt to commit a violation of any of the offenses specified in this subsection.

      (c)   When a petition for expungement is filed, the court shall set a date for a hearing on the petition and shall give notice thereof to the county or district attorney. The petition shall state: (1) The juvenile's full name; (2) the full name of the juvenile at the time of the trial, if different than (1); (3) the juvenile's sex and date of birth; (4) the offense for which the juvenile was adjudicated; (5) the date of the trial; and (6) the identity of the trial court. There shall be no docket fee for filing a petition pursuant to this section. All petitions for expungement shall be docketed in the original action. Any person who may have relevant information about the petitioner may testify at the hearing. The court may inquire into the background of the petitioner.

      (d) (1)   After hearing, the court shall order the expungement of the records and files if the court finds that:

      (A)   The person has reached 23 years of age or that two years have elapsed since the final discharge of the person;

      (B)   since the final discharge of the person, the person has not been convicted of a felony or of a misdemeanor other than a traffic offense or a juvenile offender under the Kansas juvenile justice code and no proceedings are pending seeking such a conviction or adjudication; and

      (C)   the circumstances and behavior of the petitioner warrant expungement.

      (2)   The court may require that all court costs, fees and restitution shall be paid.

      (e)   Upon entry of an order expunging records or files, the offense which the records or files concern shall be treated as if it never occurred, except that upon conviction of a crime or adjudication in a subsequent action under this code the offense may be considered in determining the sentence to be imposed. The person, the court and all law enforcement officers and other public offices and agencies shall properly reply on inquiry that no record or file exists with respect to the person. Inspection of the expunged files or records thereafter may be permitted by order of the court upon petition by the person who is the subject thereof. The inspection shall be limited to inspection by the person who is the subject of the files or records and those persons designated by that person.

      (f)   Copies of any order made pursuant to subsection (a) or (c) shall be sent to each public officer and agency in the county having possession of any records or files ordered to be expunged. If the officer or agency fails to comply with the order within a reasonable time after its receipt, the officer or agency may be adjudged in contempt of court and punished accordingly.

      (g)   The court shall inform any juvenile who has been adjudicated a juvenile offender of the provisions of this section.

      (h)   Nothing in this section shall be construed to prohibit the maintenance of information relating to an offense after records or files concerning the offense have been expunged if the information is kept in a manner that does not enable identification of the offender.

      (i)   Nothing in this section shall be construed to permit or require expungement of files or records related to a child support order registered pursuant to the Kansas juvenile justice code.

      (j)   Whenever the records or files of any adjudication have been expunged under the provisions of this section, the custodian of the records or files of adjudication relating to that offense shall not disclose the existence of such records or files, except when requested by:

      (1)   The person whose record was expunged;

      (2)   a private detective agency or a private patrol operator, and the request is accompanied by a statement that the request is being made in conjunction with an application for employment with such agency or operator by the person whose record has been expunged;

      (3)   a court, upon a showing of a subsequent conviction of the person whose record has been expunged;

      (4)   the secretary of social and rehabilitation services, or a designee of the secretary, for the purpose of obtaining information relating to employment in an institution, as defined in K.S.A. 76-12a01, and amendments thereto, of the department of social and rehabilitation services of any person whose record has been expunged;

      (5)   a person entitled to such information pursuant to the terms of the expungement order;

      (6)   the Kansas lottery, and the request is accompanied by a statement that the request is being made to aid in determining qualifications for employment with the Kansas lottery or for work in sensitive areas within the Kansas lottery as deemed appropriate by the executive director of the Kansas lottery;

      (7)   the governor or the Kansas racing commission, or a designee of the commission, and the request is accompanied by a statement that the request is being made to aid in determining qualifications for executive director of the commission, for employment with the commission, for work in sensitive areas in parimutuel racing as deemed appropriate by the executive director of the commission or for licensure, renewal of licensure or continued licensure by the commission; or

      (8)   the Kansas sentencing commission.

      History:   L. 1982, ch. 182, § 68; L. 1983, ch. 140, § 31; L. 1986, ch. 129, § 2; L. 1989, ch. 96, § 2; L. 1992, ch. 312, § 14; L. 1996, ch. 229, § 50; L. 1997, ch. 156, § 49; L. 1998, ch. 131, § 7; L. 2005, ch. 168, § 3; July 1.