Source or Prior Law:

21-4616, 21-4617.

Revisor's Note:

Section was amended multiple times in 1986 session, see also 21-4619a.

Section was amended multiple times in 1996 session, see also 21-4619b.

Section was also amended by L. 2001, ch. 107, § 1, but that version was repealed by L. 2001, ch. 185, § 9.

Section was also amended by L. 2004, ch. 154, § 59, and L. 2005, ch. 124, § 1, but both versions were repealed by L. 2005, ch. 186, §§ 23 and 24, respectively.

Section was amended multiple times in 2006 session, see also 21-4619c. Version amended by L. 2006, ch. 170, § 5 was repealed by L. 2006, ch. 218, § 3.

Cross References to Related Sections:

Expungement of violations of city ordinances, see 12-4516.

Expungement, defined, see 21-3110a.

Expungement of arrest records, see 22-2410.

Law Review and Bar Journal References:

"Survey of Kansas Law: Criminal Law and Procedure," Keith G. Meyer, 27 K.L.R. 391, 396, 397 (1979).

"The New Kansas Expungement Laws," Keith Meyer, 2 J.K.T.L.A. No. 5, 22, 24, 25 (1979).

"Administrative Law: Deletion of Confidential Information from Official Public Records," David E. Bruns, 22 W.L.J. 364 (1983).

"Expungement: Lies That Can Hurt You In and Out of Court," Steven K. O'Hern, 27 W.L.J. 574, 578, 586, 589, 598 (1988).

"2001 Legislative Wrap Up," Paul T. Davis, 70 J.K.B.A. No. 7, 14 (2001).

"2002 Legislative Wrap Up," Paul T. Davis, 71 J.K.B.A. No. 7, 15 (2002).

"Packing Heat: The Personal and Family Protection Act," Mary D. Feighny, 76 J.K.B.A. No. 4, 21 (2007).

Attorney General's Opinions:

DUI diversion with prior expunged offense. 88-98.

Expungement of certain convictions; time requirements. 89-58.

Expungement; release of records to victim; certain records not required to be open. 92-27.

Expungement of certain convictions. 80-60.

Law enforcement training center; requirements for admission. 80-225.

Homes for children; persons prohibited from employment therein; effect of expungement of offense. 84-115.

Sheriff; qualifications for office. 84-120.

Persons prohibited from operating maternity hospitals and homes for children; effect of expungement of prior conviction. 85-50.

Disqualification for admission to Kansas law enforcement center. 1999-34.

Expungement of arrest and diversion records to be applied retroactively. 1999-45.

Expunged municipal court records may be released to "criminal justice agency" having legitimate need for such. 2002-14.

Requirement for sexual offenders to register; exception for certain acts done prior to July 1, 2001. 2003-20.

No requirement to revoke or suspend teacher's license upon probable cause finding of Missouri division of family services. 2003-33.

CASE ANNOTATIONS

1. Section not unconstitutional violation of freedom of the press or of the right to assert truth as a defense in libel or slander action. Stephens v. Van Arsdale, 227 Kan. 676, 677, 678, 685, 688, 689, 691, 693, 694, 696, 608 P.2d 972.

2. Expungement prohibited where felony proceeding pending or being instituted against petitioner. State v. Underwood, 228 Kan. 294, 298, 615 P.2d 153.

3. Cited in holding that custodian of nonconfidential official records has no discretion under K.S.A. 45-201 et seq. to withhold those records from public inspection. State ex rel. Stephan v. Harder, 230 Kan. 573, 584, 641 P.2d 366 (1982).

4. Records of diversion (K.S.A. 22-2907) not within statute. State v. Haug, 237 Kan. 390, 392, 699 P.2d 535 (1985).

5. No prejudicial error by sentencing judge in failing to inform defendant of expungement rights. Reubke v. State, 11 Kan. App. 2d 353, 356, 720 P.2d 1141 (1986).

6. Applying statute to 1974 conviction retroactively eliminates opportunity to remove criminal record and violates ex post facto clauses of U.S. Constitution. State v. Anderson, 12 Kan. App. 2d 342, 345, 744 P.2d 143 (1987).

7. Knowledge, intent, or absence of mistake (K.S.A. 60-455) does not constitute element of subsequent offense under (f)(4). State v. Riedel, 242 Kan. 834, 835, 752 P.2d 115 (1988).

8. Admissibility of acts constituting crime where acts may be relevant to fact in issue examined. Pope v. Ransdell, 251 Kan. 112, 125, 833 P.2d 965 (1992).

9. Noted in court's interpretation of K.S.A. 74-8810(g) prohibiting use of animals or fowl in training or racing of racing greyhounds. Boatright v. Kansas Racing Comm'n, 251 Kan. 240, 245, 834 P.2d 368 (1992).

10. Whether defendant must prove expungement or pardon after prosecution makes prima facie case of conviction examined. State v. Davis, 255 Kan. 357, 369, 874 P.2d 1156 (1994).

11. Noted in discussion of how far back prior termination of parental rights should be considered in applying subsequent unfitness presumption. In re J.L., 20 Kan. App. 2d 665, 673, 891 P.2d 1125 (1995).

12. Whether court abused discretion in denying petition for expungement examined. State v. Gamble, 20 Kan. App. 2d 684, 685, 891 P.2d 472 (1995).

13. Conditional release includes any situation where a defendant is released by a court under restrictive conditions. State v. Arculeo, 22 Kan. App. 2d 91, 94, 911 P.2d 818 (1996).

14. Defendant who commits new felony while released pending sentencing for previous felony is not on conditional release under K.S.A. 21-4603d. State v. Arculeo, 261 Kan. 286, 288, 289, 933 P.2d 122 (1997).

15. K.S.A. 21-4619 and 22-2410 provide two different procedures for expunging arrests; sections construed and applied. State v. Yrigolla, 38 Kan. App. 2d 1029 to 1033, 175 P.3d 276 (2008).

16. Expungement of crime terminated the defendant's status as an offender required to register under the Kansas offender registration act. State v. Divine, 291 Kan. 738, 246 P.3d 692 (2011).

17. Statute applies only prospectively; state is not allowed to directly appeal order granting expungement under civil procedure rules. State v. Jaben, 294 Kan. 607, 277 P.3d 417 (2012).