Expungement Petition - Preparation Worksheet - Kansas

PREPARATION WORKSHEET — DO NOT FILE THIS DOCUMENT

Complete the current Kansas Judicial Council packet for either Conviction or Diversion or Arrest Record Only. Do not combine the two statutory procedures in one generic petition.

Kansas Adult Expungement Preparation Worksheet

1. Select the correct packet

☐ Conviction or diversion: K.S.A. 21-6614

☐ Arrest record only: K.S.A. 22-2410

For a conviction or diversion filing, prepare the Judicial Council's current instructions, order cover sheet, criminal cover sheet, petition, notice of hearing, granting order, and denial order.

2. Applicant and case information

Full current name: [________________________________]

Name at arrest, conviction, or diversion: [________________________________]

Sex: [____] Race: [____] Date of birth: [__/__/____]

Current address: [________________________________]

District court and county: [________________________________]

Original criminal case number: [________________________________]

Arresting law-enforcement agency: [________________________________]

Convicting court or diverting authority: [________________________________]

Offense and statutory citation: [________________________________]

Arrest date: [__/__/____]

Conviction or diversion date: [__/__/____]

3. Conviction or diversion route — K.S.A. 21-6614

Waiting-period classification

Offense date: [__/__/____]

Historic class or current grid classification: [________________________________]

☐ Nondrug grid, severity level [____]

☐ Drug grid, severity level [____]

☐ Listed motor-vehicle offense under § 21-6614(c)

☐ First DUI ☐ Second or later DUI

☐ Diversion ☐ Specialty court ☐ Coerced-prostitution route

Applicable waiting period: [____] year(s)

Date sentence was satisfied: [__/__/____]

Date discharged from probation, community corrections, parole, postrelease supervision, conditional release, or suspended sentence: [__/__/____]

Date diversion terms were fulfilled: [__/__/____]

Waiting period ended: [__/__/____]

Statutory exclusions

Section 21-6614(e) bars the listed convictions and attempts, including multiple sexual offenses, child-endangerment and child-abuse offenses, homicide offenses, sexual battery of a victim under 18, aggravated sexual battery, and a violation of K.S.A. 8-2,144 including diversion. It also covers comparable pre–July 1, 2011 offenses.

☐ The offense and any attempt conviction were checked against every paragraph of § 21-6614(e).

☐ The applicant is not currently required to register under the Kansas Offender Registration Act, or the § 22-4908 exception has been analyzed.

Findings the court must make

For a standard three-year conviction or diversion petition:

☐ No felony conviction in the past two years.

☐ No felony proceeding is pending or being instituted.

For a specialty-court petition:

☐ No felony proceeding is pending or being instituted.

For every petition:

☐ Circumstances and behavior warrant expungement.

☐ Expungement is consistent with public welfare.

☐ If a felony conviction is involved, firearm possession is not likely to threaten public safety.

Supporting facts: [____________________________________________________________]

4. Arrest-record-only route — K.S.A. 22-2410

Select the ground:

☐ Arrest resulted from mistaken identity.

☐ Court found no probable cause for arrest.

☐ Applicant was found not guilty.

☐ Charges were dismissed and expungement is in the best interests of justice.

☐ No charges were filed or are likely to be filed, and expungement is in the best interests of justice.

☐ Mandatory mistaken-identity procedure under § 22-2410(a)(2) applies; prosecutor or judicial officer should petition.

Supporting disposition or finding: [________________________________]

Unlike conviction expungement, § 22-2410 states no general waiting period. The statutory ground and the official file must support relief.

5. Fee review

The base statutory docket fee is $176 for a standard petition under either statute. Current 2026 amendments allow the Kansas Supreme Court to impose an additional charge of up to $19 per case through June 30, 2030. Confirm the amount with the clerk.

No arrest-record fee or surcharge applies when the applicant was an identity-theft victim or the charge was dismissed because there was no probable cause, the applicant was found not guilty, or the charge was dismissed. See § 22-2410(b)(3)(B).

☐ Fee confirmed with clerk: $[________]

☐ Specialty-court fee waiver requested

☐ Arrest-record statutory no-fee ground applies

6. Filing and hearing

Conviction and diversion petitions are docketed in the original criminal action. The court sets a hearing and causes notice to be given to the prosecutor and arresting law-enforcement agency. Do not serve victims or the Kansas Bureau of Investigation as if the statute required petitioner service.

Filing date: [__/__/____]

Hearing date: [__/__/____]

☐ Notice of hearing prepared using the current Judicial Council form.

☐ Evidence of waiting period and disposition assembled.

☐ Evidence supporting behavior, public welfare, and firearm-safety findings assembled.

7. Order and distribution

The order must state the identifying information required in the petition. After a grant, the clerk sends a certified order to the Kansas Bureau of Investigation. KBI then notifies the FBI, the Secretary of Corrections, and other criminal-justice agencies with a record.

☐ Current Judicial Council granting and denial orders submitted.

☐ Certified order retained by applicant.

☐ Municipal-court appeal routing identified, if applicable.

8. Effect and disclosure counseling

Subject to statutory exceptions, an applicant whose record is expunged is treated as not having been arrested, convicted, or diverted and may so state on most applications. Section 21-6614(i)(2), as reconciled by 2026 S.B. 430, lists mandatory disclosure settings, including a new disclosure for insurance-producer or public-adjuster licensure when the record concerns a fraudulent insurance act.

Section 21-6614(k)(2) deems a firearm prohibition arising from the expunged record fully restored and directs KBI reporting under subsection (m)(2). Obtain separate advice about any independent state or federal prohibition not arising from the expunged record.

Sources and References

• K.S.A. 21-6614 — Revisor text
• 2026 S.B. 430 enrolled — current reconciled § 21-6614 text
• K.S.A. 22-2410 — arrest-record expungement
• Kansas Judicial Council — Adult Expungement Forms
• Kansas Judicial Council — Conviction or Diversion packet