Kansas Expungement: K.S.A. 21-6614 Waiting Periods and How to File
Kansas allows expungement of many convictions under K.S.A. 21-6614 after 3-5 year waiting periods. Felonies, misdemeanors, and diversions may qualify.
Kansas allows expungement of a wider range of convictions than many people realize. Under K.S.A. 21-6614, most misdemeanors can be expunged after 3 years, and many felonies can be expunged after 3-5 years depending on the severity level. The law also covers diversions and arrests that did not result in convictions. If you have been carrying a Kansas conviction on your record and it has been more than a few years since you finished your sentence, there is a genuine chance your record may be eligible.
This is not legal advice.
This guide explains how the law works in general terms. Whether you qualify depends on your specific record, and a judge makes the final call. If your situation is complicated — multiple convictions, charges in multiple states, or a previous denial — consulting a lawyer who handles expungement is worth the cost of a consultation.
How Kansas expungement works
Kansas expungement is a court-ordered process that seals your criminal record from public view. After expungement, the record does not appear on Kansas state background checks, and you can legally deny the arrest and conviction on most applications. The KBI updates the state criminal history database, and court records are sealed.
Kansas courts apply a public welfare standard — the judge must find that the expungement is consistent with the public welfare. This gives judges discretion, which means your petition is not automatically granted just because you meet the waiting period. The court also considers your behavior since the conviction, any subsequent criminal history, and whether possession of a firearm by you would pose a threat to public safety (for felony convictions).
Who qualifies — and who does not
May qualify
- Misdemeanor convictions — after 3 years from discharge
- Infractions — after 3 years from discharge
- Non-drug felony convictions (severity level 6-10) — after 3 years
- Non-drug felony convictions (severity level 1-5) — after 5 years
- Drug felony convictions (severity level 5) — after 3 years
- Drug felony convictions (severity level 1-4) — after 5 years
- Motor vehicle offenses (driving while suspended, no insurance) — after 5 years
- Completed diversion agreements — after 2-3 years
- Arrests with no conviction — immediately
Generally does not qualify
- Murder and voluntary manslaughter
- Rape and aggravated sexual battery
- Sexual exploitation of a child
- Kidnapping and aggravated kidnapping
- Aggravated robbery
- Felony DUI convictions (K.S.A. 8-1567)
- Domestic violence offenses (limited eligibility)
- Any conviction where a felony conviction occurred in the past 2 years
- Any conviction where there are pending criminal charges
Kansas's exclusion list focuses on the most serious violent and sexual offenses. Many felonies that are excluded in other states — such as drug felonies and property crimes — are eligible in Kansas. The 'serious violent offenses' list in K.S.A. 21-6614 defines the hard exclusions.
Waiting periods
Kansas measures waiting periods from the date of discharge — meaning the day you were released from probation, parole, post-release supervision, or incarceration, whichever comes last. This is different from states that measure from the date of conviction. If you finished your sentence but stayed on probation for another two years, the clock starts when probation ended.
Waiting Periods
The clock starts on the date shown below — not your arrest date.
Misdemeanor conviction
Clock starts: Date of discharge from probation or release from incarceration, whichever is later
No felony convictions in the past 2 years. Behavior and circumstances must warrant expungement.
Infraction
Clock starts: Date of discharge from probation or release from incarceration
Same waiting period as misdemeanors.
Non-drug felony conviction (severity level 6-10)
Clock starts: Date of discharge from probation, parole, or post-release supervision
Lower-level felonies. Court must find the expungement is in the public welfare and the petitioner is not likely to pose a firearm threat.
Non-drug felony conviction (severity level 1-5)
Clock starts: Date of discharge from probation, parole, or post-release supervision
Higher-level felonies. Same requirements as level 6-10 plus more judicial scrutiny.
Drug felony conviction (severity level 5)
Clock starts: Date of discharge from supervision
Drug offenses have their own classification system in Kansas.
Drug felony conviction (severity level 1-4)
Clock starts: Date of discharge from supervision
Higher-level drug felonies. Court applies additional scrutiny.
Motor vehicle offense (driving while suspended, eluding, no insurance)
Clock starts: Date of discharge
Motor vehicle offenses have a longer waiting period than most misdemeanors.
Diversion agreement
Clock starts: Date of diversion fulfillment
If you completed a diversion program, the diversion record can be expunged. Contact the diversion supervisor or the DA's office.
Arrest with no conviction
Clock starts: Date of case resolution
No waiting period for acquittals, dismissals, or cases where no charges were filed.
How to file for expungement in Kansas
The Kansas expungement process
- 1
Get your Kansas criminal history from KBI
1-3 weeks$20Request your official criminal history from the Kansas Bureau of Investigation (KBI). This shows every Kansas arrest, charge, and conviction. You need this to verify your record, confirm eligibility, and get case numbers.
Request online at kansas.gov/kbi. The KBI report is the official record — use it rather than third-party background check sites.
- 2
Confirm the waiting period has passed
1 dayFreeVerify that enough time has passed since your discharge from probation, parole, or incarceration. Kansas measures from the date of discharge — not conviction. If you are not sure when you were officially discharged, check with your former probation officer or the court.
Your probation termination letter or parole discharge certificate shows the exact date. If you cannot find it, the clerk of the court may have a copy.
- 3
Prepare the petition for expungement
30-60 minutesFreeKansas does not have a single statewide expungement form — each district court may have its own. Contact the clerk of the district court in the county where your conviction occurred and ask for the petition form. Some courts have forms online.
Some counties have specific local requirements beyond the statutory petition. Call the clerk before you go to confirm what they need.
- 4
File the petition with the district court
1 day$100-$200 (varies by county)File your completed petition with the clerk of the district court in the county where your conviction or diversion occurred. Pay the filing fee. Kansas courts typically charge $100-$200 for expungement petitions.
Ask about fee waivers when you file. Kansas courts have a poverty affidavit process for waiving filing fees.
- 5
Hearing before the court
15-30 minutesFreeKansas courts typically schedule a hearing for expungement petitions. The judge reviews whether you meet all the statutory requirements and considers whether the expungement is consistent with the public welfare. You may be asked about your life since the conviction.
Bring documentation of your life since the conviction: employment records, education, community involvement, letters of support. Kansas law gives judges discretion — showing rehabilitation helps.
- 6
Court issues the expungement order
30-60 days for KBI to processFreeIf the court finds the criteria are met and the expungement is in the public welfare, it issues an order. KBI updates the state criminal history. Court records are sealed. You receive a copy of the order.
After expungement, you can legally state that you have not been arrested or convicted of the offense on most applications. Send the order to private background check companies if they lag behind.
Fees
Filing fees for Kansas expungement petitions vary by county, typically ranging from $100 to $200. There is also the $20 KBI criminal history request fee. Fee waivers are available — Kansas courts use a poverty affidavit to determine eligibility for fee reduction or waiver.
The firearm question for felonies
Kansas law requires the court to consider whether possession of a firearm by the petitioner would pose a threat to public safety when deciding felony expungement petitions. This does not mean you have to want a firearm — it is a factor the court uses to evaluate the risk level of granting the expungement.
If the court grants the expungement, Kansas state law generally restores your right to possess firearms under state law. However, federal firearms law is separate — a felony conviction may continue to disqualify you from possessing firearms under federal law even after state expungement. If firearms rights are important to you, consult an attorney about the federal implications.
- After expungement, the conviction does not appear on Kansas state background checks
- You can legally deny the arrest and conviction on most applications
- Federal records (FBI/NCIC) are not affected — federal background checks may still show the record
- Immigration consequences remain — federal immigration law does not recognize state expungement
- Law enforcement retains access to expunged records for law enforcement purposes
- Private background check companies have their own timelines — send the court order directly
- Some professional licensing boards may still require disclosure — check with the specific board
Free legal help in Kansas
- Kansas Legal Services — free civil legal help statewide: kansaslegalservices.org or 1-800-723-6953
- Kansas Bar Association Lawyer Referral Service: ksbar.org — reduced-fee consultations
- Kansas Judicial Branch Self-Help Center: kscourts.org — court information and forms
- KBI criminal history requests: kansas.gov/kbi — get your criminal history before filing
- Washburn University Law Clinic — free legal services from supervised law students in Topeka
- Johnson County Legal Aid — free help for Johnson County residents
Kansas Legal Services has specific programs for expungement assistance. Call 1-800-723-6953 to check if you may be eligible for free representation.
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