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PETITION for EXPUNGEMENT of CONVICTION OR DIVERSION Pursuant to K.S.A

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PETITION for EXPUNGEMENT of CONVICTION OR DIVERSION Pursuant to K.S.A IN THE KANSAS DISTRICT COURT THIRD JUDICIAL DISTRICT, SHAWNEE COUNTY, KANSAS CRIMINAL DIVISION _______________________________ [Name] Petitioner Case No. _____________ vs. THE STATE OF KANSAS Respondent PETITION FOR EXPUNGEMENT OF CONVICTION OR DIVERSION Pursuant to K.S.A. 21-4619. I respectfully request of the Court an order of expungement of my conviction and related arrest records or, diversion record and related arrest records. In support thereof, I state the following: 1. My full name is __________________________________________________; 2. My full name at the time of my arrest or conviction, if different than #1, was _______________________________________________________________; 3. I am a _________________ [Race] _________ [Sex] born on ______________[Date of Birth; xx-xx-xxxx]; 4. I was arrested in ______________________ County, Kansas on ______________ [Date] by ______________________________ [Law Enforcement Agency] and charged with the crime of ___________________________________; 5. I was convicted of __________________________________ on _____________ [Date]; OR I was granted a diversion for the crime of ____________________________________ on 1 _______________ [Date]; 6. The convicting court or diverting authority was _________________________________; 7. The date of final discharge was _________________; 8. More than three five years have elapsed since I fulfilled the terms of a diversion agreement, satisfied the sentence imposed, or was discharged from probation, a community services program, parole, post-release supervision, conditional release or a suspended sentence; 9. I have 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 me; 10. The conviction or diversion for which expungement is sought is not one of the offenses set out in K.S.A. 21-4619(c), for which no expungement is permitted; I affirm under penalty of perjury that the statements in this Petition are accurate to the best of my knowledge and I respectfully request that the Court set this matter for hearing and grant the expungement. _________________________________________ Petitioner, Pro Se Name (Print):______________________________ Address 1: ________________________________ Address 2: ________________________________ City, State, Zip: ____________________________ Telephone Number: _________________________ 2 Authority K.S.A. 21-4619. Notes on Use K.S.A. 21-4619(a) allows any person convicted or granted diversion in Kansas of a traffic infraction, cigarette or tobacco infraction, misdemeanor, class D or E felony, severity level 6-10 non-drug crime, or severity level 4 drug crime, to petition the court for expungement if three or more years have passed since the person satisfied the sentence imposed, was discharged from probation, a community services program, parole, post-release supervision, conditional release or a suspended sentence, or fulfilled the terms of the diversion agreement. If the person was convicted of a class A, B, or C felony, an off-grid felony, any severity level 1 – 5 non-drug crime, any severity level 1-3 drug crime, vehicular homicide, driving while canceled, suspended or revoked, perjury, applying for title of a motor vehicle under a false name or address, any crime punishable as a felony wherein a motor vehicle was used, failing to stop at the scene of an accident and perform required duties, or failing to have motor vehicle insurance, such person may not request expungement until five or more years have passed since the person satisfied the sentence imposed, fulfilled the terms of the diversion agreement or was discharged from probation, a community correctional services program, parole, post-release supervision, conditional release or a suspended sentence. K.S.A. 21-4619(b). A person may not receive an expungement for convictions of: Rape Murder in the second degree Indecent liberties with a child Voluntary manslaughter Aggravated indecent liberties with a Involuntary manslaughter child Involuntary manslaughter while Criminal sodomy driving under the influence Aggravated criminal sodomy Sexual battery when the victim is less Indecent solicitation of a child than 18 years of age Aggravated indecent solicitation of a Aggravated sexual battery child Driving under the influence, including Sexual exploitation of a child any diversion for such violation Aggravated incest Commercial driving under the Endangering a child influence, including any diversion for Abuse of a child such violation Capital murder Any comparable offense. Murder in the first degree 3 K.S.A. 21-4619(c). 4 .
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