JUVENILE CASES - Pursuant to statute, with the exceptions as prescribed in K.S.A. 38-2312, juvenile records, including adjudications, immediate interventions/diversions and uncharged police records, may be eligible for expungement. A record that has been "expunged" means that to most persons or agencies outside the court system, it can be treated as if it never occurred. If the matter does not meet the threshold for expungement as set out in the Statute, you can choose to set the matter for hearing before the Court. All juvenile expungement petitions will be filed with the Clerk of the District Court, as described below. Our office will notify you if your petition needs to be set for hearing. You may wish to consult an attorney.
ADULT CRIMINAL CASES - A criminal record that has been "expunged" means that to most persons or agencies outside the court system, it can be treated as if it never occurred. For cases that are expungable, depending on the type of offense, there is a 3, 5, or 10 year wait after a probation, diversion, or sentence is completed.
If interested, you should contact your attorney or the Help Center at [email protected] or 913-715-3385.
- Download, print and complete the appropriate Petition For Expungement form:
- Petition for juvenile case click here
- Petition for adult case which was dismissed, defendant was found not guilty, or no-charged click here
- Petition for adult case where defendant was convicted or granted diversion click here for printable version. Click here for fillable version.
- Petition for Expungement and Relief from Registration click here for a fillable document. Click here for a printable version. Click here for a copy of Senate Bill 366. Click here for a copy of the Notice to Drug Offenders.
By order of the Kansas Supreme Court, the docket fee for an expungement is $195. This fee will apply for each case record for which you are seeking expungement. There is no filing fee for adult cases that were dismissed, no charged, or that had a not guilty disposition. However, the $195 filing fee applies to each juvenile case, regardless of the disposition. Please make your money order payable to the CLERK OF THE DISTRICT COURT.
For juvenile expungements, deliver your expungement petition and money order to the Clerk of the District Court, (2nd floor of the Courthouse), or mail it to: Clerk of the District Court, 150 West Santa Fe Street, Olathe, KS 66061. Our office will be notified that your petition has been filed, and we will the begin processes to determine whether a hearing is required. You will be notified if a hearing is necessary pursuant to statute.
For adult expungements, you may email your petition to the clerk for filing: [email protected]. Once your petition is filed, the filing fee will appear in the accounting screen, and you may pay online at www.jococourts.org. You can also deliver your expungement petition and money order to the Clerk of the District Court, or mail your petition and money order to: Clerk of the District Court, 150 West Santa Fe Street, Olathe, KS 66061.
Processing, which includes a check for further violations of the law, will take approximately 8 to 12 weeks. If the District Attorney’s Office does not object, an order of Expungement will be sent to the judge. If the judge signs it, a copy will be emailed or mailed to you.
If the District Attorney’s Office does object, or if the judge does not sign the order, you will be notified; you may then choose to consult an attorney or contact the Court and set the case for a hearing. Hyperlink to email the Court to set your case for hearing. JOHNSON COUNTY DISTRICT COURT (jocogov.org)
FREQUENTLY ASKED QUESTIONS FOR ADULT PETITIONS FOR EXPUNGEMENTS:
- When is my case eligible? Our office cannot answer this question. Please consult with an attorney or the Help Center or this hyperlink: Eligibility Flow Chart-Expungement.pdf (kansaslegalservices.org).
- What if I can’t find the date I finished my sentence? Fill out the date information the best you can.
- How much will it cost me to file a petition for expungement? It depends on the type of case. If your case was no charged, dismissed or you were found not guilty, then the fee is $0.00. If you were found guilty, placed on probation or diversion, then the filing fee is $195.00.
- What if my petition for expungement is not granted, do I get my filing fee returned? No, the filing fee is non-refundable.
- Do I have to appear in court for my petition? It depends. If the District Attorney’s Office requests a hearing, then yes. Also, in some instances the Judge will require a court hearing.
- How long does it take for my petition to be reviewed and decided? It can take 6-12 weeks.
- What if I need help completing my petition? Please consult with an attorney or email the Help Center at [email protected] or 913-715-3385.
- Will the expungement restore my gun rights? Please contact the FBI: 1-877-FBI-NICS or KBI: 913-288-0080.
- Are there exceptions to expunged cases? Law enforcement agencies and jobs that require a high security clearance (TSA agents, hauling hazardous materials, etc.) will still be able to see expunged charges. Most employers and apartment complexes will no longer be able to see the arrest.
- What if my case is a municipal appeal? If your case comes to district court as a municipal appeal, it must be expunged with the municipal court. Our office is not involved in those cases.
- The District Attorney’s Office must follow statutory guidelines, its office policy in determining whether to object to a request for expungement. This may include special circumstances that exist in a particular case. The Court also has within its discretion to order a hearing to determine if an order of expungement is appropriate.
- If the court approves an order of expungement a copy of that order will be provided to the defendant.
- Do I need to hire an attorney? Some defendants find it helpful to consult an attorney for legal advice, but it is not required.
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