CHAPTER 131 SENATE BILL No. 482
      An Act concerning expungement; relating to diversion agreements; arrest records; violations
      of city ordinances; amending K.S.A. 22-2911 and K.S.A. 1997 Supp. 12-4516, 21-4619
      and 38-1610 and repealing the existing sections; also repealing K.S.A. 1997 Supp. 21-
      4619b.

Be it enacted by the Legislature of the State of Kansas:

New Section 1. For purposes of this act, ``expungement'' means the
sealing of records such that they are unavailable except to the petitioner
and criminal justice agencies as provided by K.S.A. 22-4701, et seq. and
amendments thereto and except as provided in this act.

New Sec. 2. (a) Any person who has been arrested on a violation
of a city ordinance of this state may petition the court for the expunge-
ment 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. 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, 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.

New Sec. 3. (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. 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, 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. 4. K.S.A. 1997 Supp. 12-4516 is hereby amended to read as
follows: 12-4516. (a) (1) Except as provided in subsection (b), any per-
son who has been convicted of a violation of a city ordinance of this state
may petition the convicting court for the expungement of such conviction
and related arrest records if three or more years have elapsed since the
person:

(1) (A) Satisfied the sentence imposed; or

(2) (B) was discharged from probation, parole or a suspended sen-
tence.

(2) Except as provided in subsection (b), any person who has fulfilled
the terms of a diversion agreement based on a violation of a city ordinance
of this state may petition the 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) No person may petition for expungement until five or more years
have elapsed since the person satisfied the sentence imposed or the terms
of a diversion agreement or was discharged from probation, parole, con-
ditional release or a suspended sentence, if such person was convicted of
the violation of a city ordinance which would also constitute:

(1) Vehicular homicide, as defined by K.S.A. 21-3405, and amend-
ments thereto;

(2) a violation of K.S.A. 8-1567, and amendments thereto;

(3) driving while the privilege to operate a motor vehicle on the public
highways of this state has been canceled, suspended or revoked, as pro-
hibited by K.S.A. 8-262, and amendments thereto;

(4) perjury resulting from a violation of K.S.A. 8-261a, and amend-
ments thereto;

(5) a violation of the provisions of the fifth clause of K.S.A. 8-142,
and amendments thereto, relating to fraudulent applications;

(6) any crime punishable as a felony wherein a motor vehicle was
used in the perpetration of such crime;

(7) 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;

(8) a violation of the provisions of K.S.A. 40-3104, and amendments
thereto, relating to motor vehicle liability insurance coverage; or

(9) a violation of K.S.A. 21-3405b, and amendments thereto.

(c) When a petition for expungement is filed, the court shall set a
date for a hearing thereon of such petition and shall give cause notice
thereof of such hearing to be given to the prosecuting attorney and the
arresting law enforcement agency. The petition shall state: (1) The de-
fendant's full name;

(2) the full name of the defendant at the time of arrest and, conviction
or diversion, if different than the defendant's current name;

(3) the defendant's sex, race, and date of birth;

(4) the crime for which the defendant was arrested, convicted or di-
verted;

(5) the date of the defendant's arrest, conviction or diversion; and

(6) the identity of the convicting court, arresting law enforcement
agency or diverting authority. 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 and shall have access to any reports
or records relating to the petitioner that are on file with the secretary of
corrections or the Kansas parole board.

(d) At the hearing on the petition, the court shall order the peti-
tioner's arrest record, conviction or diversion expunged if the court finds
that:

(1) The petitioner has not been convicted of a felony in the past two
years and no proceeding involving any such crime is presently pending
or being instituted against the petitioner;

(2) the circumstances and behavior of the petitioner warrant the
expungement; and

(3) the expungement is consistent with the public welfare.

(e) When the court has ordered a an arrest record, conviction or
diversion expunged, the order of expungement shall state the information
required to be contained in the petition. The clerk of the court shall send
a certified copy of the order of expungement to 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, conviction or diversion. After the order of
expungement is entered, the petitioner shall be treated as not having been
arrested, convicted or diverted of the crime, except that:

(1) Upon conviction for any subsequent crime, the conviction that
was expunged may be considered as a prior conviction in determining the
sentence to be imposed;

(2) the petitioner shall disclose that the arrest, conviction or diversion
occurred if asked about previous arrests, convictions or diversions:

(A) 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 personnel with a private patrol operator, as defined by K.S.A.
75-7b01, and amendments thereto; with a criminal justice agency, as de-
fined by K.S.A. 22-4701, and amendments thereto; or with an institution,
as defined in K.S.A. 76-12a01, and amendments thereto, of the depart-
ment of social and rehabilitation services;

(B) in any application for admission, or for an order of reinstatement,
to the practice of law in this state;

(C) 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;

(D) 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;

(E) upon application for a commercial driver's license under K.S.A.
8-2,125 through 8-2,142, and amendments thereto;

(F) to aid in determining the petitioner's qualifications to be an em-
ployee of the state gaming agency; or

(G) 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

(H) in any application for registration as a broker-dealer, agent, in-
vestment adviser or investment adviser representative all as defined in
K.S.A. 17-1252 and amendments thereto;

(3) the court, in the order of expungement, may specify other cir-
cumstances under which the arrest, conviction or diversion is to be dis-
closed; and

(4) the conviction may be disclosed in a subsequent prosecution for
an offense which requires as an element of such offense a prior conviction
of the type expunged.

(f) Whenever a person is convicted of an ordinance violation, pleads
guilty and pays a fine for such a violation, is placed on parole or probation
or is granted a suspended sentence for such a violation, the person shall
be informed of the ability to expunge the arrest records or conviction.
Whenever a person enters into a diversion agreement, the person shall be
informed of the ability to expunge the diversion.

(g) Subject to the disclosures required pursuant to 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, conviction
or diversion of an offense has been expunged under this statute may state
that such person has never been arrested, convicted or diverted of such
offense.

(h) Whenever the record of any arrest, conviction or diversion has
been expunged under the provisions of this section or under the provi-
sions of any other existing or former statute, the custodian of the records
of arrest, conviction, diversion and incarceration relating to that crime
shall not disclose the existence of such records, except when requested
by:

(1) The person whose record was expunged;

(2) a criminal justice agency, private detective agency or a private
patrol operator, and the request is accompanied by a statement that the
request is being made in conjunction with an application for employment
with such agency or operator by the person whose record has been ex-
punged;

(3) a court, upon a showing of a subsequent conviction of the person
whose record has been expunged;

(4) the secretary of social and rehabilitation services, or a designee of
the secretary, for the purpose of obtaining information relating to em-
ployment in an institution, as defined in K.S.A. 76-12a01, and amend-
ments thereto, of the department of social and rehabilitation services of
any person whose record has been expunged;

(5) a person entitled to such information pursuant to the terms of the
expungement order;

(6) a prosecuting attorney, and such request is accompanied by a
statement that the request is being made in conjunction with a prosecu-
tion of an offense that requires a prior conviction as one of the elements
of such offense;

(7) the supreme court, the clerk or disciplinary administrator thereof,
the state board for admission of attorneys or the state board for discipline
of attorneys, and the request is accompanied by a statement that the
request is being made in conjunction with an application for admission,
or for an order of reinstatement, to the practice of law in this state by the
person whose record has been expunged;

(8) the Kansas lottery, and the request is accompanied by a statement
that the request is being made to aid in determining qualifications for
employment 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;

(9) the governor or the Kansas racing commission, or a designee of
the commission, and the request is accompanied by a statement that the
request is being made to aid in determining qualifications for executive
director of the commission, for employment with the commission, for
work in sensitive areas in parimutuel racing as deemed appropriate by
the executive director of the commission or for licensure, renewal of
licensure or continued licensure by the commission; or

(10) the state gaming agency, and the request is accompanied by a
statement that the request is being made to aid in determining qualifi-
cations: (A) To be an employee of the state gaming agency; or (B) to be
an employee of a tribal gaming commission or to hold a license issued
pursuant to a tribal-state gaming compact.; or

(11) the Kansas securities commissioner, or a designee of the com-
missioner, and the request is accompanied by a statement that the request
is being made in conjunction with an application for registration as a
broker-dealer, agent, investment adviser or investment adviser represen-
tative by such agency and the application was submitted by the person
whose record has been expunged.

Sec. 5. K.S.A. 1997 Supp. 21-4619 is hereby amended to read as
follows: 21-4619. (a) (1) Except as provided in subsections (b) and (c),
any person convicted in this state of a traffic infraction, cigarette or to-
bacco 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 con-
viction or related arrest records if three or more years have elapsed since
the person: (1) (A) Satisfied the sentence imposed; or (2) (B) was dis-
charged from probation, a community correctional services program, pa-
role, postrelease supervision, conditional release or a suspended sentence.

(2) Except as provided in subsections (b) and (c), 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), no person may petition for
expungement until five or more years have elapsed since the person sat-
isfied 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 sen-
tence, 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 by K.S.A. 21-3405 and amend-
ments thereto or as prohibited by any law of another state which is in
substantial conformity with that statute;

(2) a violation of K.S.A. 8-1567 and amendments thereto, or a viola-
tion of any law of another state, which declares to be unlawful the acts
prohibited by that statute;

(3) driving while the privilege to operate a motor vehicle on the public
highways of this state has been canceled, suspended or revoked, as pro-
hibited 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;

(4) perjury resulting from a violation of K.S.A. 8-261a and amend-
ments thereto or resulting from the violation of a law of another state
which is in substantial conformity with that statute;

(5) 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;

(6) any crime punishable as a felony wherein a motor vehicle was
used in the perpetration of such crime;

(7) 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;

(8) violating the provisions of K.S.A. 40-3104 and amendments
thereto, relating to motor vehicle liability insurance coverage; or

(9) a violation of K.S.A. 21-3405b, and amendments thereto prior to
its repeal.

(c) 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 subsection (a)(2) of K.S.A. 21-3502 and
amendments thereto; (2) indecent liberties with a child as defined in
K.S.A. 21-3503 and amendments thereto; (3) aggravated indecent liber-
ties with a child as defined in K.S.A. 21-3504 and amendments thereto;
(4) criminal sodomy as defined in subsection (a)(2) or (a)(3) of K.S.A. 21-
3505 and amendments thereto; (5) aggravated criminal sodomy as defined
in K.S.A. 21-3506 and amendments thereto; (6) indecent solicitation of a
child as defined in K.S.A. 21-3510 and amendments thereto; (7) aggra-
vated indecent solicitation of a child as defined in K.S.A. 21-3511 and
amendments thereto; (8) sexual exploitation of a child as defined in K.S.A.
21-3516 and amendments thereto; (9) aggravated incest as defined in
K.S.A. 21-3603 and amendments thereto; (10) endangering a child as
defined in K.S.A. 21-3608 and amendments thereto; (11) abuse of a child
as defined in K.S.A. 21-3609 and amendments thereto; or (12) capital
murder as defined in K.S.A. 21-3439 and amendments thereto; (13) mur-
der in the first degree as defined in K.S.A. 21-3401 and amendments
thereto; (14) murder in the second degree as defined in K.S.A. 21-3402
and amendments thereto; (15) voluntary manslaughter as defined in
K.S.A. 21-3403 and amendments thereto; (16) involuntary manslaughter
as defined in K.S.A. 21-3404 and amendments thereto; (17) involuntary
manslaughter while driving under the influence of alcohol or drugs as
defined in K.S.A. 21-3442 and amendments thereto; or (18) any conviction
for any offense in effect at any time prior to the effective date of this act,
that is comparable to any offense as provided in this subsection.

(d) When a petition for expungement is filed, the court shall set a
date for a hearing thereon of such petition and shall give cause notice
thereof of such hearing to be given to the prosecuting attorney and the
arresting law enforcement agency. The petition shall state: (1) The de-
fendant's full name;

(2) the full name of the defendant at the time of arrest and, conviction
or diversion, if different than the defendant's current name;

(3) the defendant's sex, race and date of birth;

(4) the crime for which the defendant was arrested, convicted or di-
verted;

(5) the date of the defendant's arrest, conviction or diversion; and

(6) the identity of the convicting court, arresting law enforcement
authority or diverting authority. There shall be no docket fee for filing a
petition pursuant to this section. All petitions for expungement shall be
docketed in the original criminal action. Any person who may have rel-
evant information about the petitioner may testify at the hearing. The
court may inquire into the background of the petitioner and shall have
access to any reports or records relating to the petitioner that are on file
with the secretary of corrections or the Kansas parole board.

(e) At the hearing on the petition, the court shall order the peti-
tioner's arrest record, conviction or diversion expunged if the court finds
that:

(1) The petitioner has not been convicted of a felony in the past two
years and no proceeding involving any such crime is presently pending
or being instituted against the petitioner;

(2) the circumstances and behavior of the petitioner warrant the
expungement; and

(3) the expungement is consistent with the public welfare.

(f) When the court has ordered a an arrest record, conviction or di-
version expunged, the order of expungement shall state the information
required to be contained in the petition. The clerk of the court shall send
a certified copy of the order of expungement to 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, conviction or diversion. After the order of
expungement is entered, the petitioner shall be treated as not having been
arrested, convicted or diverted of the crime, except that:

(1) Upon conviction for any subsequent crime, the conviction that
was expunged may be considered as a prior conviction in determining the
sentence to be imposed;

(2) the petitioner shall disclose that the arrest, conviction or diversion
occurred if asked about previous arrests, convictions or diversions: (A) 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 se-
curity personnel with a private patrol operator, as defined by K.S.A. 75-
7b01 and amendments thereto; with a criminal justice agency, as defined
by K.S.A. 22-4701 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;

(B) in any application for admission, or for an order of reinstatement,
to the practice of law in this state;

(C) 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;

(D) 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; or

(E) upon application for a commercial driver's license under K.S.A.
8-2,125 through 8-2,142, and amendments thereto;

(F) to aid in determining the petitioner's qualifications to be an em-
ployee of the state gaming agency;

(G) 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

(H) in any application for registration as a broker-dealer, agent, in-
vestment adviser or investment adviser representative all as defined in
K.S.A. 17-1252 and amendments thereto;

(3) the court, in the order of expungement, may specify other cir-
cumstances under which the conviction is to be disclosed;

(4) the conviction may be disclosed in a subsequent prosecution for
an offense which requires as an element of such offense a prior conviction
of the type expunged; and

(5) upon commitment to the custody of the secretary of corrections,
any previously expunged record in the possession of the secretary of cor-
rections may be reinstated and the expungement disregarded, and the
record continued for the purpose of the new commitment.

(g) Whenever a person is convicted of a crime, pleads guilty and pays
a fine for a crime, is placed on parole, postrelease supervision or proba-
tion, is assigned to a community correctional services program, is granted
a suspended sentence or is released on conditional release, the person
shall be informed of the ability to expunge the arrest records or convic-
tion. Whenever a person enters into a diversion agreement, the person
shall be informed of the ability to expunge the diversion.

(h) Subject to the disclosures required pursuant to subsection (f), in
any application for employment, license or other civil right or privilege,
or any appearance as a witness, a person whose arrest records, conviction
or diversion of a crime has been expunged under this statute may state
that such person has never been arrested, convicted or diverted of such
crime, but the expungement of a felony conviction does not relieve an
individual of complying with any state or federal law relating to the use
or possession of firearms by persons convicted of a felony.

(i) Whenever the record of any arrest, conviction or diversion has
been expunged under the provisions of this section or under the provi-
sions of any other existing or former statute, the custodian of the records
of arrest, conviction, diversion and incarceration relating to that crime
shall not disclose the existence of such records, except when requested
by:

(1) The person whose record was expunged;

(2) a criminal justice agency, private detective agency or a private
patrol operator, and the request is accompanied by a statement that the
request is being made in conjunction with an application for employment
with such agency or operator by the person whose record has been ex-
punged;

(3) a court, upon a showing of a subsequent conviction of the person
whose record has been expunged;

(4) the secretary of social and rehabilitation services, or a designee of
the secretary, for the purpose of obtaining information relating to em-
ployment in an institution, as defined in K.S.A. 76-12a01 and amend-
ments thereto, of the department of social and rehabilitation services of
any person whose record has been expunged;

(5) a person entitled to such information pursuant to the terms of the
expungement order;

(6) a prosecuting attorney, and such request is accompanied by a
statement that the request is being made in conjunction with a prosecu-
tion of an offense that requires a prior conviction as one of the elements
of such offense;

(7) the supreme court, the clerk or disciplinary administrator thereof,
the state board for admission of attorneys or the state board for discipline
of attorneys, and the request is accompanied by a statement that the
request is being made in conjunction with an application for admission,
or for an order of reinstatement, to the practice of law in this state by the
person whose record has been expunged;

(8) the Kansas lottery, and the request is accompanied by a statement
that the request is being made to aid in determining qualifications for
employment 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;

(9) the governor or the Kansas racing commission, or a designee of
the commission, and the request is accompanied by a statement that the
request is being made to aid in determining qualifications for executive
director of the commission, for employment with the commission, for
work in sensitive areas in parimutuel racing as deemed appropriate by
the executive director of the commission or for licensure, renewal of
licensure or continued licensure by the commission; or

(10) the Kansas sentencing commission;

(11) the state gaming agency, and the request is accompanied by a
statement that the request is being made to aid in determining qualifica-
tions: (A) To be an employee of the state gaming agency; or (B) to be an
employee of a tribal gaming commission or to hold a license issued pur-
suant to a tribal-gaming compact.; or

(12) the Kansas securities commissioner or a designee of the commis-
sioner, and the request is accompanied by a statement that the request is
being made in conjunction with an application for registration as a bro-
ker-dealer, agent, investment adviser or investment adviser representative
by such agency and the application was submitted by the person whose
record has been expunged.

Sec. 6. K.S.A. 22-2911 is hereby amended to read as follows: 22-
2911. (a) If the county or district attorney finds at the termination of the
diversion period or any time prior to the termination of the diversion
period that the defendant has failed to fulfill the terms of the specific
diversion agreement, the county or district attorney shall inform the dis-
trict court of such finding and the district court, after finding that the
defendant has failed to fulfill the terms of the specific diversion agree-
ment at a hearing thereon, shall resume the criminal proceedings on the
complaint.

(b) If the defendant has fulfilled the terms of the diversion agree-
ment, the district court shall dismiss with prejudice the criminal charges
filed against the defendant. The terms of a diversion agreement which
have been fulfilled shall be confidential and shall be available only to any
city, county or district attorney or court or the attorney general.

(c) The county or district attorney shall forward to the Kansas bureau
of investigation a record of the fact that a defendant did or did not fulfill
the terms of a diversion agreement required to be filed under K.S.A.
22-2909 and amendments thereto. Such record shall be made available
upon request to any county, district or city attorney or court.

(d) The county or district attorney shall forward to the division of
vehicles of the state department of revenue a record of the fact that a
defendant did or did not fulfill the terms of a diversion agreement re-
quired to be filed under K.S.A. 22-2909 and amendments thereto. Such
record shall be made available to any city, county or district attorney or
court.

Sec. 7. K.S.A. 1997 Supp. 38-1610 is hereby amended to read as
follows: 38-1610. (a) Except as provided in subsection (b), any records or
files specified in this code concerning a juvenile offender may be ex-
punged upon application to a judge of the court of the county in which
the records or files are maintained. The application for expungement may
be made by the person who is the juvenile offender or, if the person is a
juvenile, by the person's parent or next friend.

(b) There shall be no expungement of records or files concerning acts
committed by a juvenile which, if committed by an adult, would constitute
a violation of K.S.A. 21-3401, 21-3402, 21-3403, 21-3404, 21-3439, 21-
3442, 21-3503, 21-3504, 21-3506, 21-3509, 21-3510, 21-3511, 21-3516,
21-3603, 21-3608 or 21-3609 and amendments thereto or which would
constitute an attempt to commit a violation of any of the offenses specified
in this subsection.

(c) When a petition for expungement is filed, the court shall set a
date for a hearing on the petition and shall give notice thereof to the
county or district attorney. The petition shall state: (1) The juvenile's full
name; (2) the full name of the juvenile at the time of the trial, if different
than (1); (3) the juvenile's sex and date of birth; (4) the offense for which
the juvenile was adjudicated; (5) the date of the trial; and (6) the identity
of the trial court. There shall be no docket fee for filing a petition pursuant
to this section. All petitions for expungement shall be docketed in the
original action. 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.

(d) (1) After hearing, the court shall order the expungement of the
records and files if the court finds that:

(A) The person has reached 23 years of age or that two years have
elapsed since the final discharge of the person;

(B) since the final discharge of the person, the person has not been
convicted of a felony or of a misdemeanor other than a traffic offense or
a juvenile offender under the Kansas juvenile justice code and no pro-
ceedings are pending seeking such a conviction or adjudication; and

(C) the circumstances and behavior of the petitioner warrant
expungement.

(2) The court may require that all court costs, fees and restitution
shall be paid.

(e) Upon entry of an order expunging records or files, the offense
which the records or files concern shall be treated as if it never occurred,
except that upon conviction of a crime or adjudication in a subsequent
action under this code the offense may be considered in determining the
sentence to be imposed. The person, the court and all law enforcement
officers and other public offices and agencies shall properly reply on in-
quiry that no record or file exists with respect to the person. Inspection
of the expunged files or records thereafter may be permitted by order of
the court upon petition by the person who is the subject thereof. The
inspection shall be limited to inspection by the person who is the subject
of the files or records and those persons designated by that person.

(f) Copies of any order made pursuant to subsection (a) or (c) shall
be sent to each public officer and agency in the county having possession
of any records or files ordered to be expunged. If the officer or agency
fails to comply with the order within a reasonable time after its receipt,
the officer or agency may be adjudged in contempt of court and punished
accordingly.

(g) The court shall inform any juvenile who has been adjudicated a
juvenile offender of the provisions of this section.

(h) Nothing in this section shall be construed to prohibit the main-
tenance of information relating to an offense after records or files con-
cerning the offense have been expunged if the information is kept in a
manner that does not enable identification of the offender.

(i) Nothing in this section shall be construed to permit or require
expungement of files or records related to a child support order registered
pursuant to the Kansas juvenile justice code.

(j) Whenever the records or files of any adjudication have been ex-
punged under the provisions of this section, the custodian of the records
or files of adjudication relating to that offense shall not disclose the ex-
istence of such records or files, except when requested by:

(1) The person whose record was expunged;

(2) a criminal justice agency, private detective agency or a private
patrol operator, and the request is accompanied by a statement that the
request is being made in conjunction with an application for employment
with such agency or operator by the person whose record has been ex-
punged;

(3) a court, upon a showing of a subsequent conviction of the person
whose record has been expunged;

(4) the secretary of social and rehabilitation services, or a designee of
the secretary, for the purpose of obtaining information relating to em-
ployment in an institution, as defined in K.S.A. 76-12a01 and amend-
ments thereto, of the department of social and rehabilitation services of
any person whose record has been expunged;

(5) a person entitled to such information pursuant to the terms of the
expungement order;

(6) the Kansas lottery, and the request is accompanied by a statement
that the request is being made to aid in determining qualifications for
employment 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;

(7) the governor or the Kansas racing commission, or a designee of
the commission, and the request is accompanied by a statement that the
request is being made to aid in determining qualifications for executive
director of the commission, for employment with the commission, for
work in sensitive areas in parimutuel racing as deemed appropriate by
the executive director of the commission or for licensure, renewal of
licensure or continued licensure by the commission; or

(8) the Kansas sentencing commission.

Sec. 8. K.S.A. 22-2911 and K.S.A. 1997 Supp. 12-4516, 21-4619, 21-
4619b and 38-1610 are hereby repealed.

Sec. 9. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 23, 1998

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