A felony has a big impact on a person’s life and if you live in Kansas, you’ve come here trying to find out how to get the felony off your record. Realize that with all felony records, there are three options you can take. 1) Expunge Your Record2) Seal Your Record 3) Request a Pardon of Your Record. The problem though is that all states don’t offer all three of these options. But before we get into what Kansas offers, let’s review what each of these options actually mean.
Expungement
If you get your record expunged in Kansas it’s as if your arrest and/or charges never happened. Your record is completely destroyed, including all physical and public records. When asked if have a criminal record, after expungement, you can truthfully answer “no”.
Record Sealing
Sealing your record in Kansas is similar to expungement, but your record still exists in a limited form. The public does not have access to your record, but there are some exceptions. Your records can still be accessed by law enforcement and the courts. Record sealing is not as secure as expungement, but it is a reasonable alternative that is comparatively easier to obtain if your state offers it.
Pardons
If you receive a pardon in Kansas, you still have record of your arrest or charge, but your guilt is exonerated. That is, you have proven that you are rehabilitated and forgiven for your crimes. You can also get relief in terms of having various rights restored, such as your right to vote. The requirements for pardons vary between states, but typically there is a lot of documentation required, and includes lengthy waiting periods to apply and receive a pardon.
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Things to Know Before You Start
First: It’s important to understand that every state is different in terms of what methods are available for felons to remove their record and the information below will help you understand what you can do in Kansas.
Felony Expungement in Kansas
Yes, it is possible to expunge your felony in Kansas but it depends on the felony.
Sealing a Record in Kansas
Yes, it is possible to seal your record in Kansas but it depends on the felony.
Getting a Pardon in Kansas
Yes, it is possible to get a pardon of your record in Kansas but it depends on the felony.
Second: When trying to clear your record, you really have two options. The first is to get a free consultation from a lawyer to see what they think of your case, and the second is to try to do all of the paperwork yourself.
Third: We HIGHLY recommend that you get a free consultation from a lawyer prior to taking any action. We say this because whether you want to expunge, seal, or pardon your record, it’s an extremely complicated process. Failure to follow the process properly can end up with you being denied for the request and having to wait additional time (sometimes several years) before you can file again. In addition, getting an expungement lawyer can increase your odds of succeeding and sometimes it’s more affordable than you think. The first step is to click on the button below to confirm that you’re eligible for the expungement/sealing off your record.
Can You Expunge a Felony in Kansas?
If you were arrested but not convicted of a crime, you may petition to have your arrest record expunged.
CANNOT EXPUNGE IF…
Violent felony offenseIf your felony is a violent offense, then you are not eligible for expungement
How to Expunge a Felony in Kansas
• Before you begin this process, we insist that you take this eligibility test to determine if you’re eligible to expunge your record.
• If you are eligible, you should talk to the lawyer that we refer you to so that you get an idea of the price for their services (it’s likely cheaper than you think because expungements are mostly paperwork) and see what other helpful information they can give you.
• If you are not eligible for expungement based on our test, then you should stop here.
• If you are eligible based on our test and want to do this without a lawyer, continue reading.
• You will need the following forms: Order of Expungement of Arrest Cover Sheet – Criminal Cover Sheet – Petition for Expungement of Arrest Record – Notice of Hearing – Order for Expungement of Arrest Record – Order Denying Expungement of Arrest Record
• Complete a Criminal Cover Sheet. Provide this form to the Clerk of the Court when you file your petition.
• Complete the Petition for Expungement of Arrest Record.
• Where your name is required, insert your full legal name.
• If no criminal charges were filed as a result of the arrest you want to expunge, leave the case number blank.
• The clerk of the court will provide a new case number.
• If criminal charges were filed as a result of the arrest you want to expunge but the case was dismissed or you were found not guilty, insert the case number of the criminal case that was dismissed or in which you were found not guilty.
• Sign the Petition for Expungement of Arrest Record. Your signature is your affirmation that all of the information in the petition is accurate to the best of your knowledge.
• File the original petition and required number of copies with the Clerk of the Court in the county in which you were arrested and pay the required docket fee. (You will need to check with the Clerk to find out how many copies are required. Note: The fee is waived if the arrest was the result of identity theft.)
• If the Petition is not filed under an existing case number, obtain the case number from the Clerk of the Court when you file.
• Contact the Clerk of the Court, or the Administrative Assistant of the judge to which the case has been assigned, and ask for a date and time for a hearing before the court.Ask for the division or room number of the hearing as well.
• Complete the Notice of Hearing and make 2 additional copies. File the original notice and copies with the Clerk of the Court who will send a copy to the office of the attorney who prosecuted your case and the arresting law enforcement agency.
• Complete the Order of Expungement of Arrest Record Cover Sheet.Caution: Use of forms without the assistance of an attorney could harm your legal rights. You may want to have an attorney review your completed forms before you file them with the court. These are basic forms and may not cover every situation.
• Complete paragraphs numbered 1 through 4 of the Order for Expungement of Arrest Record and paragraphs numbered 1 through 4 of the Order Denying Expungement of Arrest Record (just in case).
• Bring Order of Expungement of Arrest Record Cover Sheet, Order for Expungement of Arrest Record, and Order Denying Expungement of Arrest Record to the hearing.
• Attend the hearing and answer any questions the court may have.
Can You Seal Your Criminal Record in Kansas?
In Kansas, sealing your record is known as expungement. See How to Expunge your Record in Kansas for qualifications and steps.
Can You Apply for a Pardon in Kansas?
A pardon does not erase your conviction from the record, remove responsibility for your crime, and it cannot it be the basis for a negative response to the question: ‘Have you ever been convicted of a crime?’.
It especially means you cannot deny conviction if you apply for a job as a law enforcement officer. If you receive a pardon in another state, based on that state’s law, you cannot deny your conviction if you apply under Kansas law to service as law enforcement officer. It also does not preclude increased sentencing in subsequent offense, so if if you are pardoned in another state, your conviction is still held against you in Kansas.
CANNOT PARDON IF…
Federal ConvictionIf you want a pardon for a federal conviction- you must do that through the United States Department of Justice, Office of the Pardon Attorney. Out-of-State Conviction: If you want to pardon for an out-of-state conviction – you should find the appropriate webpage dealing with pardons in that particular state.
How to Apply for a Pardon in Kansas
• Before you begin this process, we insist that you take this eligibility test to determine if you’re eligible to request a pardon for your record. In most cases, if you are eligible for expungement on our test, then you’ll be eligible for a pardon.
• If you are eligible, you should talk to the lawyer that we refer you to so that you get an idea of the price for their services (it’s likely cheaper than you think because requesting a pardon is mostly paperwork) and see what other helpful information they can give you.
• If you are not eligible based on our test, then you should stop here.
• If you are eligible based on our test and want to do this without a lawyer, continue reading.
• The application forms and procedure can be found on the Kansas Parole Board’s website at http://www.dc.state.ks.us/kpb/clemency.
• You must follow the procedures carefully. If you have a difficult time accessing the Board’s website or the application forms, you can contact the Board directly at 785-296-3469 or write to:Kansas Parole BoardLandon State Office Building900 S.W. Jackson, Suite 425-STopeka, KS 66612
• There are basically three forms you need to fill out:
• Notice of Clemency Application Sentencing Form;
• Request for Publication Form; and
• Application for Clemency. If you hire an attorney to help you, the attorney must also submit an Attorney Affidavit form. All of these forms are quite simple and self-explanatory. In most cases, you will not need an attorney to help you.
• The Notice of Clemency Application Sentencing Form is simply a notice to certain government officials that you are applying for a pardon. You must give notice to these individuals before the Governor can grant you a pardon. You must fill out this form and send one copy to each of the following individuals:
• the judge who was involved in the case you are trying to get a pardon for,
• the prosecuting attorney who was involved in the case,
• the Sheriff in the county where you were convicted, and
• the Police Chief in the county where you were convicted.
• Do not fill out the bottom section of the notice form. This section is reserved for those individuals to make their reply.
• The Request for Publication Form is basically to alert the public that you are applying for a pardon. This notice is required.
• You must fill in your name, date you were sentenced, and the county where you were convicted.
• You must sign and indicate a return address.
• Call the newspaper ahead of time to find out what the price would be for the publication, because you will need to send a check to the Board for that amount.
• You must send two copies of this form to the official county newspaper for the county where you were convicted.
• After the newspaper has published the notice, it will send you back an affidavit and a copy of the notice, which you must then send to the Board.
• The final form, the Application for Clemency form, is the actual application itself. This is the most important form.
• Fill it out completely and accurately. Use a separate sheet of paper if necessary.
• Have a trusted friend or family member double check your spelling and grammar if necessary. (The acronym “KDOC” stands for “Kansas Department of Corrections.”)
• You should submit a personal statement explaining why you would like a pardon. Do not simply say that you want a clean criminal record again. Tell the Board how it would benefit you and/or your family—for example, open up more job opportunities for you, help you avoid deportation/separation from your family, help you obtain a professional license, etc.
• When writing your personal statement, keep in mind that the Parole Board/Governor is not retrying you for your crime. Even though you may want to explain the facts of the crime from your point of view, do not try to make excuses for your crime and argue away your guilt.
• The Board and Governor are more interested in seeing that you are sorry for the crime, and that you understand the effects of the crime on the victim and society.Include all of the positive things that have occurred in your life since you received your last conviction—for example, educational achievements, new or stable employment, marriage or children, community involvement, charitable services or donations, law-abiding behavior, etc.
• If possible, you should also submit written references or letters from family, friends, church leaders, church members, teachers, employers and/or co-workers who know you and can say good things about you to support you. It is better to choose individuals who are not related to you, to avoid the appearance of bias.
• The letters should tell the Board how the writer knows you and why he or she thinks you are deserving of a pardon.
• The letters would have more credibility if they are notarized (signed in front of a notary public), although this is not required. A notary public can be found in most banks; they usually charge a small fee, depending on whether the person has an account with that bank.
• The writers must indicate their current address and daytime telephone numbers in the letters.
• Submit copies of your college transcript, high school diploma or GED, military certificates, marriage certificate, honors and awards, and other evidence of your rehabilitation. It is a good idea to get these notarized.Make sure you keep a copy of everything you send for your records. You must submit two copies of your application (including all supporting letters and documents) to:Landon State Office Building900 S.W. Jackson, Suite 425-STopeka, KS 66612
• The Board may conduct a personal interview on you. The Board may even hold a hearing on your application.
• If a hearing is held, you should make every effort to attend, and, if possible, bring credible people who can speak out in your support.
• The hearing is a good opportunity for you to put a human face onto your application; it lets the Board see you in person as well as the amount of support you have in your community. Although these hearings are usually less formal than court hearings, you should still look and act your best; dress in the same way you would if you were going to court for a trial.
• The victim (or the victim’s family) will be notified of your application and will have an opportunity to attend the hearing (if one is held) and/or submit their written opinion on your application. Government officials will also have an opportunity to voice their opinion.Once the Board has conducted a thorough review of your application and held the hearing (if necessary), it will prepare a report and make a recommendation to the Governor
So, there you have it. Three separate ways to get rid of your record in Kansas. As we’ve said numerous times throughout this page, this is a really complicated process and we highly recommend that you take this eligibility test prior to taking any action to determine if you are eligible for any of these options.
Please note, the information contained here is not legal advice and is strictly informational. If you have any further questions about the information above, or in general, you need to contact a lawyer directly.
