NEWTON MUNICIPAL COURT
EXPUNGE A CONVICTION, DIVERSION, or ARREST RECORD
What is an Expungement? The expungement process essentially erases convictions,
diversions, and/or arrest information from a persons criminal record (certain exceptions
apply). There can be significant advantages to this process, particularly on job
applications.
What if I’m Asked about an Expunged Record? According to Kansas Law (K.S.A.
12-4516), and with certain exceptions referenced below, “in any application
for employment […] 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.”
What are the Exceptions? K.S.A. 12-4516 specifies that expunged records shall be
disclosed to certain entities (examples include prosecuting attorneys, employment
applications to the State Gaming Agency, Kansas Lottery, Law Practice, and certain
others). Refer to the Statute for official information.
Am I Eligible? Generally, a case is eligible for expungement after 3-5 years have
passed after the case has been closed (the amount of time varies by the offense)
and if the court finds that the circumstances and behavior of the petitioner warrant
the expungement; and the expungement is consistent with the public welfare. For
official eligibility requirements, see K.S.A. 12-4516.
How can I obtain an Expungement? The following requirements must be satisfied:
- Pay the $75 expungement fee.
- Submit a Petition for Expungement and a prepared Order of Expungement. Kansas
Law (K.S.A. 12-4516) requires these documents to contain the following information:
• Name
• Name at time of Arrest
• Sex
• Race
• Date of Birth
• Crime Convicted
• Date of Arrest
• Date of Conviction (or diversion)
• Convicting Court (Newton Municipal Court)
• Signature
• Current address & phone number of defendant and/or defense counsel (required by
our Court).
While there is no prescribed format for the Expungement Petition and Order, we
have provided some blank forms which are formatted in an acceptable manner and which
contain all the required elements. Select a format at top of page to download these
documents. These should NOT be handwritten.
