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, 2001.
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