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Expungement in Kansas

Can I clear my record in Kansas?

Kansas clears records through expungement, which people must ask a court for; nothing is cleared automatically.

You have to apply

How did your case end?

Pick the one that matches. We'll show the routes Kansas law offers for it, with the wait and the cost.

Pick an answer above to see your routes, waits and costs.

At a glance

Arrests that didn't lead to a conviction can be expunged with no wait, and most convictions and diversions can be expunged after 3 years (misdemeanors and lower-level felonies), 5 years (serious felonies, some driving offenses and a first DUI) or 10 years (a second or later DUI). Murder, manslaughter, rape and many other sex offenses, child abuse offenses and commercial-vehicle DUI can never be expunged in district court. An expunged record isn't destroyed: it can still be released in limited situations to courts, prosecutors, law enforcement and some employers and licensing agencies.1,2,3,4

Checked October 22, 2026 against 30 sources, starting with Kansas law, then by a second reader.

What it's called
Expungement1,2,3
Automatic clearing
No, you have to apply2,3,11
DUI or DWI
Sometimes1,2,12
Filing fee
$1951,2,3
Fee waiver
Available1,2,3

Expungement

Expungement of a conviction or diversion

After the order, the person is treated as not having been arrested, convicted or diverted of the crime and may state that they have never been arrested, convicted or diverted of it (K.S.A. 21-6614(i), (k)(1)). The record is not destroyed. The clerk sends the order to the Kansas Bureau of Investigation (KBI), which notifies the FBI, the Department of Corrections and other criminal justice agencies, and record custodians may release the expunged record only to listed requesters, such as the person, courts, prosecutors, law enforcement and certain licensing and employing agencies (§ 21-6614(i), (l)). An expunged conviction can still count as a prior conviction in a later case, and the person must still disclose it when applying for certain jobs and licenses: private detective, firearms trainer or security work and certain state institution jobs, admission to practice law, Kansas Lottery and racing or gaming jobs and licenses, tribal and state gaming, a commercial driver's license, broker-dealer or investment adviser registration, law enforcement jobs and bail enforcement licenses (§ 21-6614(i)(2)). Since July 1, 2026, the list also includes insurance producer and public adjuster licenses when the record involves a fraudulent insurance act (2025 HB 2323, L. 2026, ch. 61). If the expunged record was the reason for a state or federal ban on having guns, the person's right to keep and bear arms is deemed fully restored (§ 21-6614(k)(2)).1,2,3

What it's for: Most misdemeanor and felony convictions and completed diversions in state district court, after a 1-, 3-, 5- or 10-year wait, except a list of serious violent, sexual and child-abuse offenses.

Who can use it

  • Convictions for a traffic infraction, cigarette or tobacco infraction, any misdemeanor, a class D or E felony, any nongrid felony or a felony ranked at severity levels 6 through 10 of the nondrug grid, and the lowest drug-grid felonies (severity level 4 for crimes committed from July 1, 1993 through June 30, 2012, or level 5 for crimes on or after July 1, 2012), 3 years after the sentence was satisfied or the person was discharged from probation, community corrections, parole, postrelease supervision, conditional release or a suspended sentence (K.S.A. 21-6614(a)(1)).
  • A completed diversion agreement, 3 years after its terms were fulfilled (§ 21-6614(a)(2)).
  • Class A, B or C felonies, off-grid felonies, nondrug felonies at severity levels 1 through 5, and drug felonies at levels 1 through 3 (crimes before July 1, 2012) or 1 through 4 (crimes on or after July 1, 2012), after 5 years (§ 21-6614(c)).
  • Some driving-related offenses also need 5 years: vehicular homicide, driving while your license is canceled, suspended or revoked, perjury connected to a license application, a fraudulent license application, any felony in which a motor vehicle was used, leaving the scene of an accident, and driving without required liability insurance (§ 21-6614(c)(1)-(8)).
  • A first DUI under K.S.A. 8-1567, including a DUI diversion, after 5 years; a second or later DUI after 10 years (§ 21-6614(d)). See the DUI section.
  • Prostitution, or a violation of K.S.A. 21-6419, or a diversion for it, 1 year after the sentence, diversion or supervision ended, if the person can prove they were acting under coercion caused by someone else (§ 21-6614(b)).
  • People who completed a specialty court program may petition without the usual wait, and the court may waive all or part of the docket fee (§ 21-6614(a)(3); Kansas Judicial Council petition form).
  • The court must grant the petition if it finds that the person has not been convicted of a felony in the past two years and no felony case is pending or being brought against them (for a specialty court petition, only the pending-case test applies), their circumstances and behavior warrant expungement, expungement is consistent with the public welfare, and, for a felony, that their having a firearm is not likely to threaten public safety (§ 21-6614(h)).

What doesn't qualify

  • Rape; indecent liberties or aggravated indecent liberties with a child; criminal sodomy and aggravated criminal sodomy; indecent solicitation or aggravated indecent solicitation of a child; sexual exploitation of a child; internet trading or aggravated internet trading in child pornography; aggravated incest; endangering or aggravated endangering a child; abuse of a child; sexual battery of a victim under 18; and aggravated sexual battery (§ 21-6614(e)).
  • Capital murder, first- and second-degree murder, voluntary manslaughter and involuntary manslaughter (§ 21-6614(e)).
  • Driving a commercial motor vehicle under the influence (K.S.A. 8-2,144), including a diversion for it (§ 21-6614(e)).
  • Comparable offenses committed before July 1, 2011, and attempts to commit any offense on this list (§ 21-6614(e)).
  • Any conviction, while the person is required to register under the Kansas Offender Registration Act, except as K.S.A. 22-4908 allows (§ 21-6614(f)).
  • Anyone convicted of a felony in the past two years, or with a felony case pending or being brought; for people who completed a specialty court program, only a pending felony case is a bar (§ 21-6614(h)(1)).

How long you have to wait

RecordWaiting period
Misdemeanor, traffic or tobacco infraction, class D or E felony, nondrug felony levels 6-10, nongrid felony, lowest drug-grid level3 years after the sentence was satisfied or supervision endedK.S.A. 21-6614(a)(1). Kansas Legal Services describes this as 3 years after payment of all fines and completion of the sentence.
Completed diversion (other than DUI)3 years after the diversion terms were fulfilled§ 21-6614(a)(2).
Class A, B or C felony, off-grid felony, nondrug felony levels 1-5, higher drug-grid levels, and listed driving offenses5 years after the sentence was satisfied or supervision ended§ 21-6614(c).
First DUI (K.S.A. 8-1567), including diversion5 years§ 21-6614(d)(1).
Second or later DUI10 years§ 21-6614(d)(2). The 10-year rule does not apply to violations committed from July 1, 2014 through June 30, 2015; the Judicial Council petition form lists a 7-year wait for those dates.
Prostitution or K.S.A. 21-6419 offense committed under coercion1 year after the sentence, diversion or supervision endedThe person must prove they were acting under coercion caused by someone else (§ 21-6614(b)).
Completed specialty court programNo waiting period stated§ 21-6614(a)(3). The Judicial Council form treats this route as covering offenses that would otherwise be eligible after 3 years and calls it 'immediate expungement'; Kansas Legal Services says most graduates can expunge the crime 'the moment they graduate.'

How to apply

  1. Check that the waiting period has passed and the offense is not on the excluded list. Kansas Legal Services and the Judicial Council petition form include waiting-period charts.
  2. Fill out a Petition for Expungement of Conviction or Diversion for each case. The petition must give your full name and any name used in the case, sex, race, date of birth, the crime, the dates of arrest and of conviction or diversion, and the court or agency involved (§ 21-6614(g)(1)). Some counties also ask for a KBI cover sheet and a criminal cover sheet (Douglas County).
  3. File the petition with the clerk of the district court, in the original criminal case (§ 21-6614(g)(3)). Pay the $195 docket fee or file a poverty affidavit asking the judge to waive it.
  4. The statute says the court sets a hearing and notifies the prosecutor and the arresting agency; anyone with relevant information may testify (§ 21-6614(g)). In some counties, such as Johnson County, an order is sent to the judge without a hearing if the district attorney doesn't object, and a hearing is held if the DA asks for one or the judge requires it.
  5. If the judge grants the petition, the clerk sends the order to the KBI, which notifies the FBI and other agencies (§ 21-6614(i)).
Where to file
The district court that convicted you or that handled the diversion, in the original criminal case (K.S.A. 21-6614(a), (g)(3)). Municipal court cases go to the municipal court (see the municipal remedy).
Cost
The statute sets a $176 docket fee per petition and lets the Kansas Supreme Court add up to $19 per case to fund non-judicial court staff. The earlier authorization for that charge ran from July 1, 2019 through June 30, 2025; 2025 HB 2393 and 2026 SB 430 authorize it from July 1, 2026 through June 30, 2030 (K.S.A. 21-6614(g)(2), as amended effective July 1, 2026). Douglas County and the Johnson County District Attorney list $195 per case, and Johnson County says the fee is non-refundable. The statute says this is the only fee collected for the case.
If you can't pay
You can ask to file without paying. Douglas County's clerk says a poverty affidavit (Kansas Judicial Council form) may be used in any expungement type and the judge decides whether to approve it. For people who completed a specialty court program, the statute lets the court waive all or part of the fee (§ 21-6614(a)(3)). No other part of 21-6614 mentions a fee waiver, and a 2026 bill to spell one out (HB 2724) died, so practice may differ by county; ask the clerk.
Court hearing
Sometimes
How long it takes
The Johnson County District Attorney says processing takes about 8 to 12 weeks (its FAQ says 6 to 12 weeks). Douglas County sets petitions on its monthly expungement docket in the second month after filing.

Official forms

Expungement

Expungement of arrest records

The person is treated as not having been arrested and may state that they have never been arrested, subject to disclosures the court orders under the statute (K.S.A. 22-2410(d), (g)); record custodians may not disclose the arrest except as the order directs or to the person (§ 22-2410(h)). The court file is separated from other records once the petition is filed (§ 22-2410(b)(2)), and expunged records stay available to the KBI for criminal history and firearm background checks (§ 22-2410(f)). When expungement is granted on the statute's 'interests of justice' ground, the court decides whether the records stay available for listed purposes, such as private detective or security work, admission to practice law, and lottery or gaming jobs (§ 22-2410(c)(4), (e)).5,15,16

What it's for: Arrests in Kansas that did not lead to a conviction, including dismissed charges, not-guilty verdicts, mistaken identity and arrests where no charges were filed.

Who can use it

  • Any person arrested in Kansas may petition the district court (K.S.A. 22-2410(a)(1)).
  • The court must order expungement if the arrest was due to mistaken identity, a court found no probable cause for the arrest, or the person was found not guilty (§ 22-2410(c)(1)-(3)).
  • The court must also order it if expungement would serve the interests of justice and the charges were dismissed, or no charges have been or are likely to be filed (§ 22-2410(c)(4)).
  • If the arrest came from mistaken identity or someone else using the person's identifying information, and the charge was dismissed or not prosecuted, the prosecutor (or the judicial officer who dismissed it) must notify the court and petition for expungement, and the court must order the records expunged and purged from state and federal systems (§ 22-2410(a)(2)).

What doesn't qualify

  • Arrests that led to a conviction or diversion use the conviction and diversion route (K.S.A. 21-6614) instead.

How long you have to wait

RecordWaiting period
Arrest with no convictionNoneThe statute sets no waiting period; Kansas Legal Services says 'no time limit is required.'

How to apply

  1. Fill out a Petition for Expungement of Arrest Record (Judicial Council or county form).
  2. File it with the clerk of the district court. If charges were filed, the petition goes in that case; if there was only an arrest, Douglas County files it as a new civil case.
  3. The court sets a hearing and notifies the prosecutor and the arresting law enforcement agency (§ 22-2410(b)(1)).
  4. Attend the hearing if one is held. If granted, the order goes to the KBI and other agencies.
Where to file
The district court in the county where you were arrested or charged.
Cost
No fee or surcharge is charged if you were arrested because you were a victim of identity theft, if the charges were dismissed because a court found no probable cause, if you were found not guilty, or if the charges were dismissed (K.S.A. 22-2410(b)(3)(B)). Otherwise, for example when no charges were filed, the docket fee is $176 plus up to $19 that the Supreme Court may add from July 1, 2026 through June 30, 2030 (§ 22-2410(b)(3)(A), as amended by 2025 HB 2393, L. 2026, ch. 35, effective July 1, 2026). Douglas County and Johnson County list the expungement docket fee as $195.
If you can't pay
You can ask to file without paying. Besides the no-fee cases in the statute, Douglas County's clerk says a poverty affidavit may be used in any expungement type, with the judge deciding whether to approve it.
Court hearing
Yes

Official forms

Expungement

Expungement of municipal court convictions, diversions and arrests

Works like expungement in district court: after the order the person is treated as not having been convicted, diverted or arrested and may say so, with limited cases where the record must still be disclosed, such as applications for law enforcement, private detective, gaming, commercial driver's, concealed-carry and bail enforcement licenses or jobs (K.S.A. 12-4516(i), (k), (l); 12-4516a(d), (e), (g), (h)).17,18,19

What it's for: Convictions, diversions and arrests for violating a city ordinance, handled in a municipal court.

Who can use it

  • A person convicted of violating a city ordinance may petition the convicting court once 3 years have passed since they satisfied the sentence or were discharged from probation, parole or a suspended sentence (K.S.A. 12-4516(a)(1)).
  • A completed diversion for a city ordinance violation, 3 years after its terms were fulfilled (§ 12-4516(a)(2)).
  • Some offenses need 5 years: city ordinance violations that would also be vehicular homicide, driving while your license is canceled, suspended or revoked, perjury connected to a license application, a fraudulent license application, a felony in which a motor vehicle was used, leaving the scene of an accident, driving without required liability insurance, or a violation of K.S.A. 21-3405b (§ 12-4516(d)). A city DUI equal to a first violation of K.S.A. 8-1567 needs 5 years and a second or later one needs 10 years (§ 12-4516(e)).
  • A city prostitution or K.S.A. 21-6419-type violation, or a diversion for it, 1 year after the sentence, diversion or supervision ended, if the person can prove they were acting under coercion caused by someone else (§ 12-4516(c)).
  • A conviction or diversion under a city ordinance that K.S.A. 12-16,134(a) or (b) now prohibits and that was adopted before July 1, 2014, with no waiting period stated (§ 12-4516(b)).
  • The court must order expungement if the person has not been convicted of a felony in the past two years and no such case is pending, their circumstances and behavior warrant it, and it is consistent with the public welfare (§ 12-4516(h)).
  • Anyone arrested for violating a city ordinance may petition to expunge the arrest; the court must grant it for mistaken identity, no probable cause, a not-guilty finding, an arrest under an ordinance K.S.A. 12-16,134(a) or (b) prohibits that was adopted before July 1, 2014, or when it serves the interests of justice and the charges were dismissed or are not likely to be filed (K.S.A. 12-4516a(a), (c)).

What doesn't qualify

  • City ordinance violations that would also be driving a commercial motor vehicle under the influence (K.S.A. 8-2,144), including diversions for them (§ 12-4516(f)). That is the only offense the municipal statute bars outright; the longer never-expungeable list in K.S.A. 21-6614(e) applies to district court cases.
  • Anyone convicted of a felony in the past two years, or with such a case pending or being brought (§ 12-4516(h)(1)).

How long you have to wait

RecordWaiting period
Most municipal ordinance convictions and diversions3 yearsFrom when the sentence was satisfied, supervision ended or the diversion terms were fulfilled (K.S.A. 12-4516(a)).
Listed driving offenses (such as driving while suspended) and first city DUI5 years§ 12-4516(d), (e)(1).
Second or later city DUI10 years§ 12-4516(e)(2). The DUI waits apply to violations committed on or after July 1, 2006 (§ 12-4516(e)(3)).
City prostitution or K.S.A. 21-6419-type violation committed under coercion1 yearThe person must prove they were acting under coercion caused by someone else (§ 12-4516(c)).
Ordinance now prohibited by K.S.A. 12-16,134(a) or (b), adopted before July 1, 2014None stated§ 12-4516(b); § 12-4516a(c)(4) for arrests.
Municipal arrest with no convictionNoneK.S.A. 12-4516a sets no waiting period.

How to apply

  1. Ask the municipal court clerk about forms. Salina's municipal court says no specific form is required and offers sample forms; the petition must include the information the statute lists (§ 12-4516(g)(1); 12-4516a(b)).
  2. File the petition with the municipal court that handled the case and pay the fee that court sets (Salina charges $75). The municipal statutes don't mention a poverty affidavit, so ask the clerk whether the court will waive the fee.
  3. The court sets a hearing and notifies the prosecutor and the arresting agency (§ 12-4516(g)(1); 12-4516a(b)). Bring a proposed order for expungement if the court asks for one; Salina's judge signs the order at the hearing if the petition is granted.
Where to file
The municipal court that handled the case.
Cost
Each municipal court may set its own fee (K.S.A. 12-4516(g)(2), 12-4516a(b)); Salina's municipal court charges $75, paid when you file and not refunded if you don't qualify. No fee may be charged for a municipal arrest-record petition by someone arrested because they were a victim of identity theft (§ 12-4516a(b)).
Court hearing
Yes

Automatic clearing

Kansas has no Clean Slate law and does not clear records automatically; every expungement needs a petition (K.S.A. 21-6614, 22-2410). A bill to require automated expungement (HB 2655, 2023-2024 session) died. The 2026 session changed expungement law only to renew the court staff surcharge and add an insurance licensing disclosure, effective July 1, 2026 (2026 composite listings of amended statutes); 2026 bills on municipal specialty-court expungement and fee waivers (HB 2655 and HB 2724, 2025-2026 session) died.2,3,4,11,13,20

DUI and DWI records in Kansas

Most DUI convictions and diversions can be expunged: a first DUI under K.S.A. 8-1567 (including a diversion) 5 years after the sentence or diversion was completed, and a second or later DUI after 10 years (K.S.A. 21-6614(d)). The 10-year rule doesn't apply to violations committed from July 1, 2014 through June 30, 2015 (§ 21-6614(d)(2)). DUI-related offenses on the 5-year list include vehicular homicide and any felony in which a motor vehicle was used (§ 21-6614(c)). Driving a commercial motor vehicle under the influence (K.S.A. 8-2,144) can never be expunged, including a diversion for it, and neither can involuntary manslaughter (§ 21-6614(e)). An expunged record must still be disclosed on an application for a commercial driver's license (§ 21-6614(i)(2)(F)). City DUI cases follow the same 5- and 10-year waits in municipal court, without the 2014-2015 exception, and a city violation equal to commercial-vehicle DUI can't be expunged (K.S.A. 12-4516(e), (f)). We did not confirm how expungement affects Kansas driving records.1,2,12,17

Arrests and dismissed charges

Arrests that didn't lead to a conviction are expunged by petition under K.S.A. 22-2410, with no waiting period. The court must grant it for mistaken identity, no probable cause or a not-guilty verdict, or when charges were dismissed or are not likely to be filed and expungement serves the interests of justice. There is no fee if the charges were dismissed or you were found not guilty. Completed diversions are not covered here; they use K.S.A. 21-6614 after 3 years (5 years for a DUI diversion).2,5,10

Marijuana records

We found no Kansas law with its own clearing route for marijuana offenses. Marijuana convictions follow the general rules: a misdemeanor can be expunged 3 years after the sentence is complete, and drug felonies after 3 or 5 years depending on severity level (K.S.A. 21-6614(a)(1), (c)). City ordinance marijuana convictions follow the municipal rules (K.S.A. 12-4516).2,17

What employers can see afterward

After expungement, a person may state that they have never been arrested, convicted or diverted of the crime (K.S.A. 21-6614(k)(1); 22-2410(g)), except on applications for the jobs and licenses listed in § 21-6614(i)(2): private detective or security work, certain state institution jobs, law practice, Kansas Lottery and racing or gaming, tribal and state gaming, commercial driver's licenses, broker-dealer and investment adviser registration, law enforcement and bail enforcement, and, since July 1, 2026, insurance producer and public adjuster licenses when the record involves a fraudulent insurance act. Under K.S.A. 22-4710, an employer may require an applicant to sign a release giving it access to their criminal history record to decide fitness for employment, may not require a person to inspect or challenge their own record to qualify for a job, and is not liable for an employment decision based on criminal history information that reasonably bears on the person's trustworthiness. We did not find a Kansas statute limiting when private employers may ask about criminal records.2,3,5,21

Free help in Kansas

Before you file

  • You can ask a background screening company for the information it has on you, and the CFPB keeps a list of consumer reporting companies, including employment screening companies, with their contact details.26,27,28
  • The FCRA's seven-year limit does not apply to criminal convictions, so under federal law a conviction can show up on a background report no matter how old it is.29,30

This page explains Kansas's rules in general terms from the law and official court sources. It isn't legal advice, and laws change. A legal aid office or the court's self-help center can tell you whether your own record qualifies.

Spot something out of date? Tell us at contact@secondchanceindex.com.

Cite this page

Second Chance Index, "Can I clear my record in Kansas?" https://secondchanceindex.com/record-clearing/kansas, checked October 22, 2026.

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Sources

Each source was opened and checked on October 22, 2026.

  1. K.S.A. 21-6614
  2. Senate Bill 430 (2026), enrolled: reconciled text of K.S.A. 21-6614 (L. 2026, ch. 157)Kansas Legislature
  3. 2026 Composite Listing of New, Amended and Repealed Statutes (Bill Order)Kansas Office of Revisor of Statutes
  4. 2026 Composite Listing of New, Amended and Repealed Statutes (K.S.A. Order), August 13, 2026Kansas Office of Revisor of Statutes
  5. House Bill 2393, enrolled (amending K.S.A. 21-6614 and 22-2410; L. 2026, ch. 35)Kansas Legislature
  6. House Bill 2323, as introduced (insurance licensing disclosure added to K.S.A. 21-6614)Kansas Legislature
  7. Petition for Expungement of Conviction or Diversion (K.S.A. 21-6614), Rev. KSJC 08/2022Kansas Judicial Council
  8. Getting an ExpungementDouglas County (KS) Clerk of the District Court
  9. ExpungementJohnson County (KS) District Attorney's Office
  10. Facts About Expungement in Kansas (last updated August 26, 2026)Kansas Legal Services
  11. HB 2655 (2023-2024 session): automated expungement bill (died)Kansas Legislature
  12. K.S.A. 8-2,144 (driving a commercial motor vehicle under the influence)Kansas Office of Revisor of Statutes
  13. HB 2724 (2025-2026 session): poverty affidavits for expungement docket fees (died)Kansas Legislature
  14. Expungement in Kansas brochure (revised 3/2026)Kansas Legal Services
  15. K.S.A. 22-2410
  16. House Bill 2393, as introduced (text of K.S.A. 22-2410)Kansas Legislature
  17. K.S.A. 12-4516, 12-4516a
  18. K.S.A. 12-4516a (expungement of municipal arrest records; history ends L. 2015, ch. 100)Kansas Office of Revisor of Statutes
  19. ExpungementCity of Salina (KS) Municipal Court
  20. HB 2655 (2025-2026 session): municipal specialty courts and expungement fee waivers (died)Kansas Legislature
  21. K.S.A. 22-4710 (criminal history record information; employers)Kansas Office of Revisor of Statutes
  22. K.S.A. 21-6614 (2023 Kansas Statutes)Kansas Legislature
  23. HB 2393 bill page (title and status)Kansas Legislature
  24. Legal Forms: Expungement (Adult)Kansas Judicial Council
  25. House Bill 2724 (2026), as introduced (docket fees and poverty affidavits in expungement cases)Kansas Legislature
  26. List of consumer reporting companiesConsumer Financial Protection Bureau
  27. What Employment Background Screening Companies Need to Know About the Fair Credit Reporting ActFederal Trade Commission
  28. Employer Background Checks and Your RightsFederal Trade Commission
  29. 15 U.S. Code § 1681c - Requirements relating to information contained in consumer reportsLegal Information Institute, Cornell Law School (U.S. Code text)
  30. Advisory Opinion to Nadell (12-10-98)Federal Trade Commission (staff advisory opinion)