Individuals interested in removing a qualifying conviction from their record can apply online for assistance through a grant-based program being offered by the Wichita Bar Association and Kansas Legal Services through Sept. 30.
Applications are being accepted online at www.kansaslegalservices.org or by phone at 1-800-723-6953.
An expungement is the sealing of criminal conviction, diversion, or even an arrest. After an expungement, qualifying criminal convictions can only be discovered by certain individuals, and only has to be disclosed in certain situations. An expungement basically removes conviction from your record.
To be eligible for an expungement, you must not have any pending criminal cases, had any contact with law enforcement in the last two years, and at least three to five years must have passed since you were released from probation and all supervision. The length of time varies depending on the crime you committed. Removing your record must also “be consistent with the public welfare.”
There are number of crimes that are not eligible for expungement. See the box this page.
This project only covers adult convictions or diversions in Sedgwick County or the City of Wichita. If your conviction happened anywhere else in the state or country, don’t apply.
After application, you will be contacted and informed whether or not you are eligible for expungement.
Some other requirements tied to project include:
• You will have to sign a participation agreement and agreement of representation in order to obtain a volunteer attorney.
• You will have to pay a $20 background fee to obtain case information, and you will have to fill out a poverty affidavit with your income and asset information in order for the county court to reduce or waive your filing fee (usually about $200).
• If your case is in the City of Wichita, you will have to pay the filing fee ($90 per police case number).
• Due to Kansas Legal Services’ funding, you must also be and sign a statement that you are a citizen of the United States or a lawful permanent resident.
Information Needed for the Application
To apply, you will need personal identification information, income information, and information about your case, such as: when you were arrested, case number, what crime you were charged with, what crime you were convicted or diverted of, and the date you were released from all supervision)
All submitted applications will be prescreened. If you qualify for an expungement, you will have to pay a $20 to cover the cost for the background information needed for the expungement. Your case will then be given to a volunteer attorney to draft your documents. Your documents should be prepared and handed off to the district attorney or prosecutor by
Dec. 1, 2018. The prosecutor will then review the documents to verify your case qualifies. This can take some time, but program organizers, however organizers anticipate all cases being completed by early spring 2019.
What Crimes Are NOT Eligible For Expungement?
• Indecent liberties with a child
• Aggravated indecent liberties with a child
• Criminal sodomy
• Aggravated criminal sodomy
• Indecent solicitation of a child
• Aggravated indecent solicitation of a child
• Sexual exploitation of a child
• Aggravated endangering a child
• Abuse of a child
• Capital murder
• Murder in the first degree
• Murder in the second degree
• Voluntary manslaughter
• Involuntary manslaughter
• Involuntary manslaughter while driving under the influence
• Sexual battery when the victim is less than 18 years of age
• Internet trading in child pornography
• Aggravated internet trading in child pornography
• Aggravated incest
• Endangering a child
• Aggravated sexual battery
• Commercial driving under the influence, including any diversion for such violation
• Any comparable offense if the conviction was in effect at any time prior to July 1, 2011.