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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 23930
Experience:  9+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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My grandson......Various non violent felonies at age of 18.

Customer Question

My grandson......Various non violent felonies at age of 18. In Kansas. Now 32, married, owns home in Oklahoma, no further issues with the law. but having trouble's because of previous felonies, of getting a job Is there a nondisclosure available in Okla without costing an arm an a leg?
Felonies were all in Kansas lives in Oklahoma last 12 years. He now has a 6 month old son and getting a halfway decent job is crucial. I can supply name and additional info if you think there is help available.
Submitted: 3 months ago.
Category: Legal
Expert:  LegalKnowledge replied 3 months ago.

Good morning. I certainly understand the situation and your concern. Yes, it may be possible BUT he just need sot kale sure the charges which he has, are eligible. If so, he can petition and try and get these expunged, so that they would not appear when a background check is done. I have provided a link below, that outlines what needs to be done and he can do this on his own and fill out the forms. As I shared, he needs to review the link and apply it to his situation and ask long as his felonies do not qualify him, he can apply. https://www.ok.gov/osbi/documents/Expungement%20TRIFOLD.pdf

Customer: replied 3 months ago.
That was well and good but the site is Oklahoma. His offenses were n Kansas?
Expert:  LegalKnowledge replied 3 months ago.

Thank you and I am sorry, Yes, that was an oversight. Allow me another moment please

Expert:  LegalKnowledge replied 3 months ago.

Expungement of Kansas Convictions

K.S.A. 21-3110 provides that a defendant in a criminal action may have their conviction or arrest wiped off their record so that only the defendant or government agencies have access to it.

In order to effectuate the expungement of an arrest record, K.S.A. 22-2410 requires a lawsuit must be filed in the same court as the conviction and must allege all the requirements of the expungement statute, which are as follows:

(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.

An expungement lawsuit must be accompanied by a $100 docket fee unless the petitioner was involved in identity theft. The arresting agency and the prosecuting attorney will be notified of the petition and be given an opportunity to be heard at a hearing on the petition. 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.

If the presiding judge orders expungement of an arrest record and / or subsequent court proceedings, if any, the Order shall restate information in the petition and shall state the required findings that support the grounds for expungement which can be: (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.

The court clerk will send a certified copy of the judge's order 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. If an Expungement Order is entered, the petitioner/defendant shall be treated as not having been arrested. In order to qualify for expungement, you must not have been involved in any criminal activity within the preceeding two years and you must set forth all the details of the underlying conviction. At least three years must have passed since the successful completion of any underlying sentence including probation and parole. These are the determing factors for convictions ranked level four and below on the drug grid and level six and below on the non-drug grid. Crimes ranked more serious than this require a five year waiting period.

The following convictions require five (5) years time passage before expungement:

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

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

(3) perjury resulting from a violation of K.S.A. 8-261a, and amendments thereto;

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

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

(6) 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;

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

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

(c) There shall be no expungement of convictions or diversions for a violation of a city ordinance which would also constitute a violation of K.S.A. 8-1567 or 8-2,144, and amendments thereto.

K.S.A. 21-4619 provides that neither arrests nor convictions for the following crimes can be expunged: Rape, indecent liberties with a child, aggravated indecent liberties with a child, criminal sodomy involving children, aggravated criminal sodomy, indecent solicitation of a child, aggravated indecent solicitation of a child, sexual exploitation of a child, aggravated incest, endangering a child, abuse of a child, any form of murder or manslaughter, sexual battery when the victim is less than 18 years of age, aggravated sexual battery or any crime comparable to any of these offenses.

ttp://www.kansasjudicialcouncil.org/forms/adult_expungement_forms.shtml

Customer: replied 3 months ago.
Slightly disappointed that he obviously rushed thru my question as he sent wrong info per state. But again he apologized and sent necessary info. I was hoping for a more "personable" response and not so legal. I am elderly and a simpler answer would have helped. I do appreciate time involved.
Expert:  LegalKnowledge replied 3 months ago.
Certainly. The expert would be happy to answer any additional questions and please understand that since you never stated what he was charged with and his criminal history the expert had no way of knowing. If you want to ask additional questions please feel free to do so
Expert:  LegalKnowledge replied 3 months ago.
Since there is no legal representation of attorney client information it is often times hard to personalize responses.