A big change occurred for DUI and expungement law in the recent legislative sessions. The law used to make it illegal to get a DUI expungement. (However, we were able to abtain them, as this statute itself was a Constituional violation). In the most recent legislative session, it was stated:
Sec. 35. Section 254 of chapter 136 of the 2010 Session Laws of Kansas, as amended
by section 67 of 2011 House Bill No. 2339, is hereby amended to read as follows: Sec. 254.
[Expungement of certain convictions, arrest records and diversion agreements] (a) (1)
Except as provided in subsections (b) (and (c) REMOVED), (c) and (d), any person convicted in this state
of a traffic infraction, cigarette or tobacco infraction, misdemeanor or a class D or E felony, or
for crimes committed on or after July 1, 1993, nondrug crimes ranked in severity levels 6
through 10 or any felony ranked in severity level 4 of the drug grid, may petition the convicting
court for the expungement of such conviction or related arrest records if three or more years
have elapsed since the person: (A) Satisfied the sentence imposed; or (B) was discharged from
probation, a community correctional services program, parole, postrelease supervision,
conditional release or a suspended sentence.
(2) Except as provided in subsections (b) (and (c) REMOVED), (c) and (d), any person who
has fulfilled the terms of a diversion agreement may petition the district court for the
expungement of such diversion agreement and related arrest records if three or more
years have elapsed since the terms of the diversion agreement were fulfilled.
(b) Except as provided in (subsection (c) REMOVED) subsections (c) and (d), no person may petition
for expungement until five or more years have elapsed since the person satisfied the sentence
imposed, the terms of a diversion agreement or was discharged from probation, a community
correctional services program, parole, postrelease supervision, conditional release or a
suspended sentence, if such person was convicted of a class A, B or C felony, or for crimes
committed on or after July 1, 1993, if convicted of an off-grid felony or any nondrug crime
ranked in severity levels 1 through 5 or any felony ranked in severity levels 1 through 3 of the
drug grid, or:
(1) Vehicular homicide, as defined in K.S.A. 21-3405, prior to its repeal, or
section 41 of chapter 136 of the 2010 Session Laws of Kansas, and amendments
thereto, or as prohibited by any law of another state which is in substantial conformity
with that statute;
(2) driving while the privilege to operate a motor vehicle on the public highways
of this state has been canceled, suspended or revoked, as prohibited by K.S.A. 8-262,
and amendments thereto, or as prohibited by any law of another state which is in
substantial conformity with that statute;
(3) perjury resulting from a violation of K.S.A. 8-261a, and amendments thereto,
or resulting from the violation of a law of another state which is in substantial
conformity with that statute;
(4) violating the provisions of the fifth clause of K.S.A. 8-142, and amendments
thereto, relating to fraudulent applications or violating the provisions of a law of another
state which is in substantial conformity with that statute;
(5) any crime punishable as a felony wherein a motor vehicle was used in the
perpetration of such crime;
(6) failing to stop at the scene of an accident and perform the duties required by
K.S.A. 8-1602, 8-1603 or 8-1604, and amendments thereto, or required by a law of
another state which is in substantial conformity with those statutes;
(7) violating the provisions of K.S.A. 40-3104, and amendments thereto, relating
to motor vehicle liability insurance coverage; or
(8) a violation of K.S.A. 21-3405b, prior to its repeal.
(c) No person may petition for expungement until 10 or more years have elapsed since
the person satisfied the sentence imposed, the terms of a diversion agreement or was
discharged from probation, a community correctional services program, parole, postrelease
supervision, conditional release or a suspended sentence, if such person was convicted of a
violation of K.S.A. 8-1567, and amendments thereto, including any diversion for such violation.
NOTE: THIS IS A HUGE CHANGE NOW APPARENTLY ALLOWING THE EXPUNGEMENT
((c) CHANGED TO) (d) There shall be no expungement of convictions for the following offenses or of
convictions for an attempt to commit any of the following offenses:
(1) Rape as defined in K.S.A. 21-3502, prior to its repeal, or section 67 of
chapter 136 of the 2010 Session Laws of Kansas, and amendments thereto;
(2) indecent liberties with a child or aggravated indecent liberties with a child as
defined in K.S.A. 21-3503 or 21-3504, prior to their repeal, or section 70 of chapter 136
of the 2010 Session Laws of Kansas, and amendments thereto;
(3) criminal sodomy as defined in subsection (a)(2) or (a)(3) of K.S.A. 21-3505,
prior to its repeal, or subsection (a)(3) or (a)(4) of section 68 of chapter 136 of the
2010 Session Laws of Kansas, and amendments thereto;
(4) aggravated criminal sodomy as defined in K.S.A. 21-3506, prior to its repeal,
or section 68 of chapter 136 of the 2010 Session Laws of Kansas, and amendments
thereto;
(5) indecent solicitation of a child or aggravated indecent solicitation of a child
as defined in K.S.A. 21-3510 or 21-3511, prior to their repeal, or section 72 of chapter
136 of the 2010 Session Laws of Kansas, and amendments thereto;
(6) sexual exploitation of a child as defined in K.S.A. 21-3516, prior to its repeal,
or section 74 of chapter 136 of the 2010 Session Laws of Kansas, and amendments
thereto;
(7) aggravated incest as defined in K.S.A. 21-3603, prior to its repeal, or section
81 of chapter 136 of the 2010 Session Laws of Kansas, and amendments thereto;
(8) endangering a child or aggravated endangering a child as defined in K.S.A.
21-3608 or 21-3608a, prior to their repeal, or section 78 of chapter 136 of the 2010
Session Laws of Kansas, and amendments thereto;
(9) abuse of a child as defined in K.S.A. 21-3609, prior to its repeal, or section
79 of chapter 136 of the 2010 Session Laws of Kansas, and amendments thereto;
(10) capital murder as defined in K.S.A. 21-3439, prior to its repeal, or section
36 of chapter 136 of the 2010 Session Laws of Kansas, and amendments thereto;
(11) murder in the first degree as defined in K.S.A. 21-3401, prior to its repeal,
or section 37 of chapter 136 of the 2010 Session Laws of Kansas, and amendments
thereto;
(12) murder in the second degree as defined in K.S.A. 21-3402, prior to its
repeal, or section 38 of chapter 136 of the 2010 Session Laws of Kansas, and
amendments thereto;
(13) voluntary manslaughter as defined in K.S.A. 21-3403, prior to its repeal, or
section 39 of chapter 136 of the 2010 Session Laws of Kansas, and amendments
thereto;
(14) involuntary manslaughter as defined in K.S.A. 21-3404, prior to its repeal,
or section 40 of chapter 136 of the 2010 Session Laws of Kansas, and amendments
thereto;
(15) sexual battery as defined in K.S.A. 21-3517, prior to its repeal, or section
69 of chapter 136 of the 2010 Session Laws of Kansas, and amendments thereto, when
the victim was less than 18 years of age at the time the crime was committed;
(16) aggravated sexual battery as defined in K.S.A. 21-3518, prior to its repeal,
or section 69 of chapter 136 of the 2010 Session Laws of Kansas, and amendments
thereto;
((17) a violation of K.S.A. 8-1567, and amendments thereto, including any
diversion for such violation; THIS WHOLE SUBSECTION REMOVED)
NOTE: HUGE CHANGE actually removed from the old laws which didn't allow the expungement
The statute continues, but has been excluded in this excerpt. It's important to note that even though
expungements are techinically allowed now, they were Consitutionally allowed even prior to the change.
Additionally, some judges remain reluctant to award DUI expungements, due to public policy
or public welfare concerns. Additionally, while the statute now seems to make it possible to get the DUI
expunged only after 10 years, there is a Constitutional argument that this should only apply to DUIs recieved
on or after July 1, 2006.