A DUI conviction in Kansas can limit employment opportunities and have long-term legal consequences. However, Kansas law allows individuals to petition for expungement of certain DUI offenses after a waiting period. Expungement removes the conviction from public records, making it easier to pass background checks.
Eligibility for DUI Expungement in Kansas
Kansas Statutes §21-6614 outlines eligibility for DUI expungement. You may qualify if:
- You completed all court-ordered penalties, including:
- Probation, fines, and DUI school
- Community service (if required)
- You have no new criminal convictions during the waiting period.
Waiting Period for Expungement:
- First-time DUI → 5-year waiting period after completion of sentence/probation.
- Second or subsequent DUI → 10-year waiting period before you can apply.
How to Expunge a DUI in Kansas
Step 1: File a Petition for Expungement
- Complete and submit a petition for expungement in the court where you were convicted.
- Provide evidence that you satisfied all penalties and completed the waiting period.
Step 2: Notify the Prosecutor’s Office
- You must inform the District Attorney’s Office handling your case.
- In some cases, victims involved in the DUI may also be notified.
Step 3: Attend a Court Hearing
- A judge will review your petition and decide if expungement is in the public interest.
- The judge may consider:
- Your behavior since the DUI
- Any new offenses
- Potential benefits of expungement
Step 4: The Court’s Decision
- If granted, your DUI conviction is sealed, and it will not appear in standard background checks.
What a Kansas DUI Expungement Does (and Does Not) Do
✅ Benefits of Expungement:
- Employment and Housing: You do not have to disclose the DUI on most applications.
- Public Record Sealing: The conviction is removed from most background checks.
❌ What Expungement Does NOT Do:
- DUI Still Counts as a Prior: If convicted of another DUI, the expunged DUI still counts as a previous offense for sentencing.
- Professional Licenses: Some state licensing boards may still access expunged records.
Filing Fees for Expungement in Kansas
- The filing fee is $195 for most expungement petitions.
- Some low-income applicants may qualify for a fee waiver.
Conclusion
Expunging a DUI in Kansas can remove barriers to employment and housing, but it does not erase all legal consequences. You must wait five to ten years, depending on the number of offenses, and petition the court for expungement. For first-time offenders, expungement is often granted if they have a clean record during the waiting period.
For help with ignition interlock compliance or DUI-related questions, contact Clear2Drive at 855-261-3944.
Sources:
- Kansas DUI Expungement – Kansas DUI Defense
- Kansas Legal Services – Expungement
- Kansas Statutes – DUI Expungement Laws
