State v. Jaben
Annotate this CaseIn this State appeal, the State contended the district court erred in expunging Allen Jaben's 1977 convictions for attempted rape, rape, aggravated sodomy, aggravated kidnapping, and aggravated battery. The State urged the Supreme Court to find that the district court should have applied the expungement statute in effect at the time Jaben filed his expungement petition, Kan. Stat. Ann. 21-4619(c), which prohibited expungement of those convictions. Instead, the district court applied the statute in effect at the time Jaben committed his crimes of conviction, Kan. Stat. Ann. 21-4617, which permitted expungement of Jaben's convictions. The Supreme Court affirmed, holding that the district court correctly applied the expungement statute in effect at the time the crimes underlying the convictions sought to be expunged were committed, as because the legislature did not clearly indicate an intent to retrospectively apply the statute in effect at the time Jaben filed his petition, section 21-4619 applies only prospectively.
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