HOUSE BILL No. 2173
and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2000 Supp. 12-4516a is hereby amended to read
as follows: 12-4516a. (a) Any person who has been arrested on a viola-
tion of a city ordinance of this state may petition the court for the
expungement of such arrest record.
(b) When a petition for expungement is filed, the court shall set a
date for hearing on such petition and shall cause notice of such hearing
to be given to the prosecuting attorney and the arresting law enforcement
agency. When a petition for expungement is filed, the official court file
shall be separated from the other records of the court, and shall be dis-
closed only to a judge of the court and members of the staff of the court
designated by a judge of the district court, the prosecuting attorney, the
arresting law enforcement agency, or any other person when authorized
by a court order, subject to any conditions imposed by the order. The
petition shall state: (1) The petitioner's full name;
(2) the full name of the petitioner at the time of arrest, if different
than the petitioner's current name;
(3) the petitioner's sex, race and date of birth;
(4) the crime for which the petitioner was arrested;
(5) the date of the petitioner's arrest, and
(6) the identity of the arresting law enforcement agency.
A municipal court may prescribe a fee to be charged as costs for a
person petitioning for an order of expungement pursuant to this section.
Any person who may have relevant information about the petitioner may
testify at the hearing. The court may inquire into the background of the
(c) At the hearing on a petition for expungement, the court shall order
the arrest record and subsequent court proceedings, if any, expunged
upon finding: (1) The arrest occurred because of mistaken identity;
(2) a court has found that there was no probable cause for the arrest;
(3) the petitioner was found not guilty in court proceedings; or
(4) the expungement would be in the best interests of justice and (A)
Charges have been dismissed; or (B) no charges have been or are likely
to be filed.
(d) When the court has ordered expungement of an arrest record and
subsequent court proceedings, if any, the order shall state the information
required to be stated in the petition and shall state the grounds for
expungement under subsection (c). The clerk of the court shall send a
certified copy of the order to the federal bureau of investigation, the
Kansas bureau of investigation which shall notify the federal bureau of
investigation, the secretary of corrections and any other criminal justice
agency which may have a record of the arrest. If an order of expungement
is entered, the petitioner shall be treated as not having been arrested.
(e) If the ground for expungement is as provided in subsection (c)(4),
the court shall determine whether, in the interest of public welfare, the
records should be available for any of the following purposes: (1) In any
application for employment as a detective with a private detective agency,
as defined by K.S.A. 75-7b01 and amendments thereto; as security per-
sonnel with a private patrol operator, as defined by K.S.A. 75-7b01 and
amendments thereto; or with an institution, as defined in K.S.A. 76-12a01
and amendments thereto, of the department of social and rehabilitation
(2) in any application for admission, or for an order of reinstatement,
to the practice of law in this state;
(3) to aid in determining the petitioner's qualifications for employ-
ment with the Kansas lottery or for work in sensitive areas within the
Kansas lottery as deemed appropriate by the executive director of the
(4) to aid in determining the petitioner's qualifications for executive
director of the Kansas racing commission, for employment with the com-
mission or for work in sensitive areas in parimutuel racing as deemed
appropriate by the executive director of the commission, or to aid in
determining qualifications for licensure or renewal of licensure by the
(5) in any application for a commercial driver's license under K.S.A.
8-2,125 through 8-2,142 and amendments thereto;
(6) to aid in determining the petitioner's qualifications to be an em-
ployee of the state gaming agency;
(7) to aid in determining the petitioner's qualifications to be an em-
ployee of a tribal gaming commission or to hold a license issued pursuant
to a tribal-state gaming compact; or
(8) in any other circumstances which the court deems appropriate.
(f) Subject to any disclosures required under subsection (e), in any
application for employment, license or other civil right or privilege, or
any appearance as a witness, a person whose arrest records have been
expunged as provided in this section may state that such person has never
(g) Whenever a petitioner's arrest records have been expunged as
provided in this section, the custodian of the records of arrest, incarcer-
ation due to arrest or court proceedings related to the arrest, shall not
disclose the arrest or any information related to the arrest, except as
directed by the order of expungement or when requested by the person
whose arrest record was expunged.
Sec. 2. K.S.A. 2000 Supp. 22-2410 is hereby amended to read as
follows: 22-2410. (a) Any person who has been arrested in this state may
petition the district court for the expungement of such arrest record.
(5) the date of the petitioner's arrest; and
There shall be no docket fee for filing a petition pursuant to this sec-
tion. Any person who may have relevant information about the petitioner
may testify at the hearing. The court may inquire into the background of
the court shall determine whether, in the interests of public welfare, the
as defined in K.S.A. 75-7b01 and amendments thereto; as security per-
Sec. 3. K.S.A. 2000 Supp. 12-4516a and 22-2410 are hereby re-
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
Approved April 3, 2000.
Date Composed: 09/25/2001 Date Modified: 09/25/2001