expungement eligibility KS/MO
Expungement Eligibility in Kansas
In Kansas, certain convictions cannot be expunged. Therefore, the first question someone considering expungement should ask is: Does my conviction qualify as an eligible offense for expungement? If the conviction is one that is not eligible for expungement, you cannot move forward with filing the petition. If the conviction of record is eligible for expungement, then you look to determine if enough time has passed.
Offenses that are NOT eligible for expungement in Kansas include:
- Murder (All Degrees)
- Manslaughter (Voluntary and Involuntary)
- Rape
- Aggravated Incest
- Criminal Sodomy
- Aggravated Sexual Battery
- Sexual Battery of Child
- Indecent Liberties with a Child
- Indecent Solicitation of a Child
- Sexual Exploitation of Child
- Abuse of a Child
- (Aggravated) Endangering a Child
If your conviction is eligible for expungement, you then figure out if it has been long enough since your sentence ended to file a petition. A sentence is considered completed on the date that you are no longer subject to State supervision (it is not the date that you were sentenced in court). Depending on what level of crime the conviction was for, you will need to wait either 3 or 5 years from the date of completion of sentence to file.
Crimes you only have to wait 3 years to file for expungement include:
- Misdemeanors
- Severity Level 6-10 Felonies (Class D and E Felonies also)
- Severity Level 5 Drug Felonies (Level 4 prior to 2012 also)
- Traffic Infractions
- Others
Crimes that require 5 year waiting periods before filing for expungement include:
- Severity Level 1-5 Felonies (Class A, B, and C Felonies also)
- Severity Level 1-3 Drug Felonies
- Perjury
- Vehicular Manslaughter
- DUI (Most 1st convictions)
- DWS
- Leaving the Scene of an Accident
- Failure to Have Insurance
- Others
In addition to the waiting period of either 3 or 5 years, you also must not have a felony conviction within the last 2 years or have any felony charges pending at the time of filing your petition for expungement.
Once you've satisfied the requirements above to be eligible to apply for expungement, you then have to demonstrate to the Court that your present "circumstances and behavior warrant expungement." That basically means that you have to show do that you deserve to have your record expunged. There is no specific formula for how to that, and no magic words that you can say, you just have to be able to effectively communicate your situation and unique facts to the Court in such a way that they see you in the best light and want to grant expungement.
Lastly, you have to demonstrate that the expungement of your record is "consistent with public welfare." Again, there is not a magic formula for how to do this. It is not always easy, and it can be a lot more difficult if the State chooses to oppose your petition and you have to argue in front of a judge. That's why many people like to hire an attorney to help handle the process and advocate on their behalf.
Expungement Eligibility in Missouri
Missouri expungement laws have been changing a lot in recent years - some to the benefit of former defendants, some not. For example, Missouri's process has been made easier and more people are now eligible for expungement than before, but Missouri also ended the policy of automatically "deleting" many moving violations from your record after 3 years, forcing people to now petition the Court for expungement instead. Changes in 2019 and 2020 have made Missouri's expungement law and procedure similar to Kansas' in many ways, though it is somewhat more complicated.
Like Kansas, Missouri law lists certain convictions that are not eligible for expungement. If your conviction falls on the not eligible list, you will not be able to proceed with filing for expungement of that record. Crimes that Missouri law will NOT permit expungement of include:
- Any Class A Felony
- Any Dangerous Felony as defined by Missouri statute
- Any crime requiring Registration as a Sex Offender
- Any Felony where Death is an element
- Felony Assault
- Domestic Assault
- Felony Kidnapping
- Others
If your conviction is eligible for expungement, you then have to make sure that enough time has passed since you completed your sentence. Missouri regards your sentence as complete when you are no longer subject to supervision (it is not the date of sentencing in Court). If the conviction was for a felony, then you must wait 3 years from the date of sentence completion to file for expungement. If the conviction was a misdemeanor, you only have to wait 1 year.
Missouri law also requires that you have no other felony or misdemeanor convictions during the time period specified above. You may not have any pending charges at the time of filing either. Any obligations imposed by your previous sentence will also have to be satisfied before you can have your record expunged - that means that if any restitution was ordered, it would have to be paid off in full prior to filing for expungement.
If you have met all of the legal requirements for expungement, you then have to demonstrate to the Court that your "habits and conduct" show that you are "not a threat to the public safety of the state." That basically means that you have to show do that you deserve to have your record expunged. There is no specific formula for how to that, and no magic words that you can say, you just have to be able to effectively communicate your situation and unique facts to the Court in such a way that they see you in the best light and want to grant expungement.
Lastly, you have to demonstrate that the expungement of your record is "consistent with the public welfare," and that "the interests of justice warrant the expungement." Again, there is not a magic formula for how to do this. It is not always easy, and it can be a lot more difficult if the State chooses to oppose your petition and you have to argue in front of a judge. That's why many people like to hire an attorney to help handle the process and advocate on their behalf.
Expungement of an Arrest Record
In both Kansas and Missouri, the expungement of an arrest record is a much rarer thing. There are very limited circumstances in which an arrest record, as opposed to a conviction record, will be expunged. Generally, those situations are limited to cases of mistaken identity or wrongful arrest. Kansas also permits arrest record expungement in some situations where charges were dismissed or are not likely to filed, or if you were found Not Guilty after Court proceedings. If you think that you might be eligible for the expungement of your arrest record, please give us call to see if we can help.