Session Law

Identifying Information:L. 2001 ch. 069
Other Identifying Information:2001 House Bill 2173
Tax Type:Other
Brief Description:An Act concerning expungement; amending K.S.A. 2000 Supp. 12-4516a and 22-2410and repealing the existing sections.
Keywords:


Body:

CHAPTER 69

HOUSE BILL No. 2173


An Act concerning expungement; amending K.S.A. 2000 Supp. 12-4516a and 22-2410

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

petitioner.

(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

services;

(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

Kansas lottery;

(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

commission;

(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

been arrested.

(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.

(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.

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 petitioner.

(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 interests 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 in 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

services;

(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

Kansas lottery;

(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

commission;

(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

been arrested.

(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. 3. K.S.A. 2000 Supp. 12-4516a and 22-2410 are hereby re-

pealed.

Sec. 4. This act shall take effect and be in force from and after its

publication in the statute book.

Approved April 3, 2000.


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Date Composed: 09/25/2001 Date Modified: 09/25/2001