PETITION FOR EXPUNGEMENT OF CRIMINAL RECORD

(Kansas – K.S.A. 21-6614 and, if applicable, K.S.A. 22-2410)

[// GUIDANCE: Use this template for convictions, diversions, or arrest records that are eligible for expungement under Kansas law. Tailor bracketed items, attach required exhibits, and conform to local District Court rules (e.g., page limits, formatting, electronic filing).]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions (Jurisdictional Allegations & Grounds)
4. Representations & Warranties (Verified Statements)
5. Covenants & Restrictions After Expungement
6. Default & Remedies
7. Risk Allocation (Not Applicable)
8. Dispute Resolution & Continuing Jurisdiction
9. General Provisions
10. Execution & Verification Block

1. DOCUMENT HEADER

IN THE DISTRICT COURT OF [COUNTY] COUNTY, KANSAS
___ Judicial District

State of Kansas,
  Plaintiff,

v.

[PETITIONER FULL LEGAL NAME],
  Defendant/Petitioner.

Case No.: [____]

Division: [____]

Hon. [JUDGE’S NAME]

PETITION FOR EXPUNGEMENT OF CRIMINAL RECORD

Filed: ____ 20__ (the “Effective Date”)

2. DEFINITIONS

For purposes of this Petition, capitalized terms have the meanings set forth below. Undefined capitalized terms shall have their ordinary legal meaning under Kansas law.

“Applicable Expungement Statutes” – K.S.A. 21-6614 (expungement of convictions/diversions) and/or K.S.A. 22-2410 (expungement of arrest records), together with all interpretive Kansas appellate authority in effect on the Effective Date.

“Applicable Waiting Period” – The statutory period prescribed by K.S.A. 21-6614(b) or K.S.A. 22-2410(a), measured from the date of Petitioner’s final discharge from sentence/diversion or the date of arrest/dismissal, as appropriate.

“Court” – The above-captioned District Court of [County] County, Kansas.

“Disqualifying Offense(s)” – Any offense for which Kansas law expressly prohibits expungement, including but not limited to offenses listed in K.S.A. 21-6614(e).

“Petitioner” – [PETITIONER FULL LEGAL NAME], the individual seeking expungement herein.

3. OPERATIVE PROVISIONS

3.1 Parties & Jurisdiction

a. Petitioner is an adult resident of the State of Kansas with the following identifying information:
  • Date of Birth: [MM/DD/YYYY]
  • Last Four of SSN: [_]
  • Current Address: [_______]

b. The Court has subject-matter jurisdiction pursuant to the Applicable Expungement Statutes and personal jurisdiction over Petitioner.

3.2 Conviction / Arrest Sought to Be Expunged

a. Offense: [Insert statute citation & common name of offense]
b. Case No.: [__] – Filed in the District Court of [County] County, Kansas.
c. Disposition: [“Conviction” | “Diversion” | “Arrest – charges dismissed”] on [MM/DD/YYYY].
d. Sentence/Conditions Completed: Yes – Final discharge on [MM/DD/YYYY].

3.3 Statutory Eligibility

a. The Applicable Waiting Period of ______ years, as required by K.S.A. 21-6614(b)([#]) / 22-2410(a)([#]), has fully elapsed.
b. Petitioner has not been convicted of a felony in the two (2) years immediately preceding the filing of this Petition, and no felony or misdemeanor charges are presently pending against Petitioner in any jurisdiction.
c. The offense is not a Disqualifying Offense.
d. All court costs, fines, fees, restitution, and related financial obligations have been fully satisfied.

3.4 Interests of Justice & Public Welfare

Granting expungement will:
• Promote Petitioner’s rehabilitation and reintegration;
• Enhance employment, housing, and educational opportunities; and
• Pose no risk to public safety.

4. REPRESENTATIONS & WARRANTIES (VERIFIED STATEMENTS)

Petitioner, by and through the undersigned counsel (if any), and under penalty of perjury pursuant to K.S.A. 53-601, hereby represents and warrants that:

1. All factual statements herein are true and correct to the best of Petitioner’s knowledge, information, and belief.
2. Petitioner is statutorily eligible for expungement of the record identified in Section 3.2.
3. No material fact has been withheld that would affect the Court’s determination.
4. These representations survive the entry of any Order of Expungement; if they are later proven false, the State may move to vacate the Order.

5. COVENANTS & RESTRICTIONS AFTER EXPUNGEMENT

Petitioner covenants that, upon entry of an Order of Expungement, Petitioner shall:

a. Promptly notify any private background-check companies of the expungement, if practical.
b. Refrain from seeking licensure, employment, or benefits that remain subject to statutory disclosure obligations under K.S.A. 21-6614(l) (e.g., law-enforcement positions) without making the required disclosures.
c. Comply with any future statutory amendments applicable to sealed or expunged records.

6. DEFAULT & REMEDIES

6.1 Vacatur for Material Misrepresentation
If the Court determines that Petitioner materially misrepresented eligibility or failed to disclose a Disqualifying Offense, the Court may, on the State’s motion, vacate any Order of Expungement and reinstate the record.

6.2 Attorneys’ Fees
The Court may award reasonable attorneys’ fees and costs to the prevailing party on any motion to vacate, in the Court’s discretion.

[// GUIDANCE: Kansas statutes do not mandate a fee-shifting provision; local practice varies. Omit or modify Section 6.2 if inconsistent with local rules or judicial preference.]

7. RISK ALLOCATION

Indemnification, liability caps, and insurance requirements are not applicable to this Petition.

8. DISPUTE RESOLUTION & CONTINUING JURISDICTION

The Court retains exclusive jurisdiction to:
a. Hear and determine this Petition;
b. Issue and enforce any Order of Expungement; and
c. Adjudicate subsequent motions to modify, clarify, or vacate such Order.

Governing Law: State of Kansas.
Arbitration: Not available.
Jury Trial: Not applicable.
Injunctive Relief: Record sealing is the primary equitable relief sought.

9. GENERAL PROVISIONS

9.1 Severability
If any provision of the Order of Expungement is held invalid, the remainder shall remain in full force to the extent permitted by law.

9.2 Entire Petition
This Petition, including exhibits and any supplemental filings, constitutes the entire request for expungement.

9.3 Amendment
Petitioner may amend this Petition only by leave of Court.

10. EXECUTION & VERIFICATION BLOCK

Respectfully submitted this _ day of __, 20__.

[Petitioner’s Signature]

[PETITIONER FULL LEGAL NAME]
[Address]
[Telephone]
[Email]

[// GUIDANCE: If Petitioner is pro se, insert “Pro Se Petitioner.”
If represented, use attorney signature block below.]

[Attorney Signature Block]

[ATTORNEY NAME], KS Bar # [_]
[Law Firm Name]
[Address]
[Telephone] | [Fax]
Email: [__]
ATTORNEY FOR PETITIONER

VERIFICATION

STATE OF KANSAS )
             ) ss.
COUNTY OF [COUNTY] )

I, [PETITIONER FULL LEGAL NAME], being duly sworn, state that I have read the foregoing Petition for Expungement and that the statements therein are true and correct to the best of my knowledge, information, and belief.

[Petitioner]

Subscribed and sworn to before me this ___ day of ____, 20__.

Notary Public
My Commission Expires: ____

PROPOSED ORDER (ATTACH AS EXHIBIT “A”)

[// GUIDANCE: Most Kansas District Courts require a separate, proposed Order of Expungement. Attach the court’s approved form or draft an order directing all agencies (Clerk of the District Court, KBI, local law enforcement, jail, prosecutor, etc.) to seal or destroy the record and outlining the limited statutory exceptions for disclosure.]

[// GUIDANCE SUMMARY FOR PRACTITIONERS:
1. File with the Clerk of the District Court where the case was adjudicated.
2. Serve the County/District Attorney and, if an arrest-only expungement, the arresting agency.
3. Set the hearing date in accordance with local rules; most Kansas courts require at least 30 days’ notice to the prosecutor.
4. Bring proof of discharge (journal entry of sentencing completion, diversion agreement completion certificate, or dismissal order) and payment receipt for all court costs.
5. Be prepared to testify briefly regarding rehabilitation and lack of subsequent criminal activity.]