38-2312. Expungement of records.
38-2312
38-2312. Expungement of records.(a) Except as provided in subsection (b), any records orfiles specified in this code concerning a juvenilemay be expunged upon application to a judge of the court of the county inwhich the records or files are maintained. The application for expungement maybe made by thejuvenile, if 18 years of age or older or, if the juvenile is less than 18years of age, by thejuvenile's parent or next friend.
(b) There shall be no expungement of records or files concerning actscommitted by a juvenilewhich, if committed by an adult, would constitute a violation of K.S.A.21-3401, and amendments thereto, murder in thefirst degree, K.S.A. 21-3402, and amendments thereto, murder in the seconddegree, K.S.A. 21-3403, and amendments thereto, voluntarymanslaughter, K.S.A. 21-3404, and amendments thereto, involuntary manslaughter,K.S.A. 21-3439, and amendments thereto, capital murder, K.S.A. 21-3442, andamendments thereto, involuntarymanslaughter whiledriving under the influence of alcohol or drugs, K.S.A. 21-3502, and amendmentsthereto, rape, K.S.A. 21-3503, and amendments thereto, indecent liberties withachild, K.S.A. 21-3504, and amendments thereto, aggravated indecent libertieswith a child, K.S.A. 21-3506, and amendments thereto, aggravatedcriminal sodomy, K.S.A. 21-3510, and amendments thereto, indecent solicitationof a child, K.S.A. 21-3511, and amendments thereto, aggravated indecentsolicitation of a child, K.S.A. 21-3516, and amendments thereto, sexualexploitation, K.S.A. 21-3603, and amendments thereto, aggravated incest, K.S.A.21-3608, and amendments thereto, endangeringa child, K.S.A. 21-3609, and amendments thereto, abuse of a child, or whichwould constitute anattempt tocommit a violation of any of the offenses specified in this subsection.
(c) When a petition for expungement is filed, the court shall set a datefor a hearing on thepetition and shall give notice thereof to the county or district attorney. Thepetition shall state: (1)The juvenile's full name; (2) the full name of the juvenile as reflected inthe court record, ifdifferent than (1); (3) the juvenile's sex and date of birth; (4) the offensefor which the juvenilewas adjudicated; (5) the date of the trial; and (6) the identity of the trialcourt. There shall be nodocket fee for filing a petition pursuant to this section. All petitions forexpungement shall bedocketed in the original action. Any person who may have relevant informationabout thepetitioner may testify at the hearing. The court may inquire into thebackground of the petitioner.
(d) (1) After hearing, the court shall order the expungement of therecords and files if the court finds that:
(A) The juvenile has reached 23 years of age or that two years haveelapsed since the finaldischarge;
(B) since the final discharge of the juvenile, the juvenile has not beenconvicted of a felony orof a misdemeanor other than a traffic offense or adjudicated as a juvenileoffender under therevised Kansas juvenile justice code and no proceedings are pending seekingsuch a conviction oradjudication; and
(C) the circumstances and behavior of the petitioner warrant expungement.
(2) The court may require that all court costs, fees and restitution shallbe paid.
(e) Upon entry of an order expunging records or files, the offense whichthe records or filesconcern shall be treated as if it never occurred, except that upon convictionof a crime oradjudication in a subsequent action under this code the offense may beconsidered in determiningthe sentence to be imposed. The petitioner, the court and all law enforcementofficers and otherpublic offices and agencies shall properly reply on inquiry that no record orfile exists withrespect to the juvenile. Inspection of the expunged files or recordsthereafter may be permittedby order of the court upon petition by the person who is the subject thereof.The inspection shallbe limited to inspection by the person who is the subject of the files orrecords and the person'sdesignees.
(f) Copies of any order made pursuant to subsection (a) or (c) shall be sentto each public officerand agency in the county having possession of any records or files ordered tobe expunged. If theofficer or agency fails to comply with the order within a reasonable time afterits receipt, theofficer or agency may be adjudged in contempt of court and punishedaccordingly.
(g) The court shall inform any juvenile who has been adjudicated a juvenileoffender of the provisions of this section.
(h) Nothing in this section shall be construed to prohibit the maintenance ofinformation relatingto an offense after records or files concerning the offense have been expungedif the informationis kept in a manner that does not enable identification of the juvenile.
(i) Nothing in this section shall be construed to permit or requireexpungement of files or recordsrelated to a child support order registered pursuant to the revised Kansasjuvenile justice code.
(j) Whenever the records or files of any adjudication have been expungedunder the provisionsof this section, the custodian of the records or files of adjudication relatingto that offense shallnot disclose the existence of such records or files, except when requested by:
(1) The person whose record was expunged;
(2) a private detective agency or a private patrol operator, and the requestis accompanied by astatement that the request is being made in conjunction with an application foremployment withsuch agency or operator by the person whose record has been expunged;
(3) a court, upon a showing of a subsequent conviction of the person whoserecord has beenexpunged;
(4) the secretary of social and rehabilitation services, or a designee ofthe secretary, for thepurpose of obtaining information relating to employment in an institution, asdefined in K.S.A.76-12a01, and amendments thereto, of the department of social andrehabilitationservices of anyperson whose record has been expunged;
(5) a person entitled to such information pursuant to the terms of theexpungement order;
(6) the Kansas lottery, and the request is accompanied by a statement thatthe request is beingmade to aid in determining qualifications for employment with the Kansaslottery or for work insensitive areas within the Kansas lottery as deemed appropriate by theexecutive director of the Kansas lottery;
(7) the governor or the Kansas racing commission, or a designee of thecommission, and therequest is accompanied by a statement that the request is being made to aid indeterminingqualifications for executive director of the commission, for employment withthe commission,for work in sensitive areas in parimutuel racing as deemed appropriate by theexecutive directorof the commission or for licensure, renewal of licensure or continued licensureby thecommission; or
(8) the Kansas sentencing commission.
History: L. 2006, ch. 169, § 12; Jan. 1, 2007.