When a person is charged with a crime or convicted of a crime, the information stays on the person’s criminal record and may be accessed by the court or other federal, state, municipal, or county agencies—or by private persons or entities conducting a background check. Under limited circumstances a person with a criminal record of arrest or conviction may be able to have the criminal record expunged—meaning the record will be permanently destroyed or deleted so it is no longer accessible by the court or other federal, state, municipal, or county agencies—or by private persons or entities conducting a background check.

Such an expungement or expunction of a criminal record is different from having a record sealed—which means the record still exists, but access to it is limited. A person whose only criminal record has been expunged may truthfully answer “no” when asked on an employment, licensing, or other application whether the person has ever been convicted of a crime. Under both state and federal law, in most cases it is not possible to have a person’s criminal conviction expunged.

Under state laws a person who has been convicted of a crime, pleaded guilty, or pleaded no contest (nolo contendere) is often ineligible to have their criminal record expunged. When a person is eligible to have a criminal record expunged, it is often dependent upon the person successfully completing a probation or deferred adjudication program. And in some states juveniles may be eligible to have a criminal record expunged if the criminal offense was committed before they turned 17 years of age, for example.

Expungement or expunction laws vary from state to state and are generally located in a state’s statutes—often in the penal or criminal code.

In Kansas, expungement of a criminal record means the permanent removal or deletion of the record, making it inaccessible to courts and other agencies, as well as private entities conducting background checks. Expungement differs from sealing, where the record still exists but is less accessible. Kansas law allows for expungement under certain conditions, which typically include the completion of a probation period or deferred adjudication. However, not all crimes are eligible for expungement; serious offenses and certain convictions may not qualify. The eligibility for expungement can also depend on the amount of time that has passed since the completion of the sentence or probation. Juvenile records may be eligible for expungement if the offense occurred before the individual turned 17. The specific procedures and requirements for expungement are detailed in Kansas statutes, and individuals seeking expungement may need to file a petition in the court where the conviction occurred. It's important to note that federal law generally does not allow for expungement of federal criminal convictions. Individuals interested in expungement should consult with an attorney to understand their options and the process involved.