KANSAS
How to Clear Your Criminal Record
in Kansas
A free, plain English guide to Kansas expungement — waiting periods by severity level, diversion agreement expungement, gun rights restoration, and how to file under K.S.A. § 21-6614.
LEGAL TERM
Expungement
FILING FEE
$176 docket fee
GOVERNING LAW
K.S.A. § 21-6614
What You Need to Know First

Kansas expungement restores firearm rights. Under the 2021 amendments to K.S.A. § 21-6614(k)(2), a person who successfully expunges a conviction that resulted in loss of firearms rights "shall be deemed to have had such person's right to keep and bear arms fully restored." This is one of Kansas's most significant expungement benefits — and applies to both pardons and expungements for qualifying offenses.

Kansas expungement also covers diversion agreements. If you completed a diversion agreement (a pre-prosecution alternative to conviction), you can petition to expunge it under the same statute after meeting the waiting period. The expungement treats the arrest as if it never occurred for most purposes.

The court applies a three-part test. Kansas expungement is not automatic even when waiting periods are met. The court must find: (1) no felony conviction in the past two years and no pending proceedings; (2) your circumstances and behavior warrant expungement; and (3) expungement is consistent with the public welfare. For felony expungements, the court also considers whether firearm possession would pose a public safety threat.

What Can — and Can't — Be Expunged
ELIGIBLE FOR EXPUNGEMENT
  • Traffic infractions and cigarette/tobacco infractions — after 3 years
  • Misdemeanor convictions — after 3 years
  • Class D and E felonies (pre-1993) — after 3 years
  • Nongrid felonies and severity level 6–10 non-drug felonies — after 3 years
  • Level 5 drug felonies (post-2012) — after 3 years
  • Severity level 1–5 non-drug felonies and level 1–4 drug felonies — after 5 years
  • First or second DUI conviction — after 5 years
  • Completed diversion agreements — after 3 years
  • Specialty court program completions — after 3 years (fee waivable)
  • Arrest records (no conviction) — petition under K.S.A. § 22-2410
NOT ELIGIBLE FOR EXPUNGEMENT
  • Murder and capital murder
  • Rape and criminal sodomy
  • Any sex offense requiring registration
  • Felony DUI — third or subsequent offense
  • Commercial vehicle DUI
  • Violent serious crimes listed in § 21-6614(e)
  • Felony conviction in the past 2 years
  • Pending felony proceedings
Waiting Periods

Waiting periods run from the date the sentence was satisfied or discharge from probation, parole, postrelease supervision, or conditional release — whichever is later. No felony conviction in the prior 2 years and no pending felony proceedings.

Misdemeanors, level 6–10 felonies, level 5 drug felonies
3 years
Diversion agreement completion
3 years
Level 1–5 felonies, level 1–4 drug felonies, first/second DUI
5 years
Second DUI (depending on when offense committed)
7–10 years
How to File — Step by Step
1
Get Your Kansas Criminal History
Request your criminal history from the Kansas Bureau of Investigation at kansas.gov/kbi. Review every charge, severity level, and conviction date to confirm eligibility and calculate your waiting period precisely.
2
Download the Kansas Judicial Council Expungement Forms
Get the official Kansas expungement petition forms from the Kansas Judicial Council at kansasjudicialcouncil.org. The petition must be docketed in the original criminal action — you file in the court where the conviction or diversion occurred.
3
File in the Court of Original Jurisdiction and Pay the $176 Fee
File your petition in the district court that handled your original case. Pay the $176 docket fee — the court may waive all or part of the fee for specialty court program completions. The court may also inquire into your background and has access to reports from the Secretary of Corrections or the prisoner review board. Any person with relevant information about you may testify at the hearing.
4
Hearing — Demonstrate Rehabilitation and Public Welfare
Attend the hearing prepared to demonstrate: no felony conviction in the past 2 years, no pending proceedings, that your behavior warrants expungement, and that expungement is consistent with the public welfare. For felony expungements, also address why firearms possession would not pose a public safety threat. Bring employment records, character letters, and community involvement documentation.
5
KBI Notifies FBI and Law Enforcement
If granted, the clerk sends a certified copy to the KBI. The KBI then notifies the FBI, the Kansas Secretary of Corrections, and any Kansas law enforcement agency involved. Important: the KBI does NOT notify private background check agencies of an expungement — those companies must be contacted separately and disputed individually.
Official Forms and Resources
Kansas Judicial Council — Expungement Forms
Official Kansas expungement petition forms for convictions and diversion agreements
Visit kansasjudicialcouncil.org →
KBI — Criminal History and Expungement Info
Request your Kansas criminal history and read the KBI expungement fact sheet
Visit kansas.gov/kbi →
Kansas Courts — Find Your District Court
Find the district court where your conviction occurred to file your expungement petition
Visit kscourts.org →
Kansas Legal Services — Free Help
Free civil legal help for low-income Kansans — including expungement guidance and petition assistance
Visit kansaslegalservices.org →
Helpful Resources
FREE LEGAL HELP
Kansas Legal Services
Free civil legal help for low-income Kansans statewide — including expungement guidance and petition assistance
kansaslegalservices.org →
HOUSING, FOOD & BENEFITS
findhelp.org
Search thousands of free and reduced-cost programs for housing, food, work, and more in your area
findhelp.org →
JOB SEARCH HELP
American Job Centers
Free job search assistance, resume help, and training — including resources for people with records
careeronestop.org →
EXPUNGEMENT FACT SHEET
KBI — Expungement Fact Sheet
Official Kansas Bureau of Investigation fact sheet on expungement eligibility and process
kansas.gov/kbi →
Frequently Asked Questions
Does Kansas expungement restore my gun rights? +
Yes — under the 2021 amendments to K.S.A. § 21-6614(k)(2), a successful expungement of a conviction that resulted in loss of firearms rights fully restores those rights under Kansas state law. The statute specifically says the person "shall be deemed to have had such person's right to keep and bear arms fully restored." This applies to both pardons and expungements. However, federal firearms law applies independently — consult a Kansas attorney before purchasing or possessing any firearm after a felony conviction, as federal law may still impose restrictions.
Can a felony DUI be expunged in Kansas? +
First and second DUI offenses can be expunged after 5 years (or 7–10 years for second offenses depending on timing). Third and subsequent DUI offenses — which are felonies in Kansas — cannot be expunged under any circumstances. The statute explicitly bars felony DUI from expungement, and Kansas courts have no discretion to grant it regardless of how much time has passed or your rehabilitation. Commercial vehicle DUI is also permanently ineligible.
What does the court consider at the hearing? +
At the expungement hearing, the court must find three things: (1) you have not been convicted of a felony in the past two years and no felony proceeding is pending; (2) your circumstances and behavior warrant expungement; and (3) expungement is consistent with the public welfare. For felony expungements, the court additionally considers whether firearm possession by you is likely to pose a threat to public safety. Come prepared with employment records, character letters, community involvement, and any evidence of rehabilitation. Any person with relevant information about you may testify.
Will private background check companies update their records? +
Not automatically. The KBI notifies the FBI, the Secretary of Corrections, and Kansas law enforcement agencies — but explicitly does NOT notify private background check companies. After receiving your expungement order, you must contact each private background check company individually to dispute and request removal. Keep certified copies of your expungement order and send them to any company that still shows the record. Under the Fair Credit Reporting Act, compliant companies must update their records.
Can a diversion agreement be expunged? +
Yes — Kansas K.S.A. § 21-6614 specifically covers diversion agreements. If you fulfilled all terms of your diversion agreement, you can petition for expungement after 3 years. After expungement, the diversion is treated as if the arrest never occurred for most purposes. This is a strong pathway for people who successfully completed diversion but still have the arrest visible on background checks.
After Your Record Is Expunged

After Kansas expungement, you are treated as not having been arrested, convicted, or diverted of the crime for most purposes. Records are sealed from public view — not destroyed — but inaccessible to the general public. Gun rights are restored for qualifying offenses.

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Employment and Housing
Expunged records are sealed from public access and will not appear on Kansas background checks sourced from the KBI. You can legally deny the conviction on most employment and housing applications. Kansas has ban-the-box protections for state government employment. Law enforcement and certain specified agencies retain access to sealed records.
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Important Caveat — Sentencing Enhancement
Kansas law specifies that an expunged conviction may still be considered as a prior conviction for sentencing purposes in any subsequent criminal conviction. This means if you commit a new crime after expungement, the expunged conviction can still affect your sentence as a prior offense — even though it is otherwise treated as not having occurred.

For general information about what changes after expungement — including housing, employment resources, and more — visit our After Expungement page.

This guide is for informational purposes only and does not constitute legal advice. Laws change — always verify current requirements with your county court clerk or a licensed attorney in your state before filing.