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New Law on Expungement of a Kansas DUI

The Kansas Legislature made some changes to the law regarding if and when a Kansas DUI diversion or conviction can be expunged, Beginning July 1, 2015, a first-time DUI can be expunged 5 years after the diversion, sentence or probation was completed. A second or subsequent DUI takes 10 years to get expunged. Expungement is the process of having a DUI removed from your criminal record. In Kansas, a conviction or diversion for DUI that is expunged is treated as if it never happened. Other than in limited circumstances, it will not be disclosed. To get a DUI expunged you have to file a petition with the court from which the diversion or conviction originated from and usually have a hearing in front of a judge. If you have not had any other criminal convictions and have generally been doing well, the expungement will usually be granted.

I thought the legislature was going to make the waiting period for an expungement 5 years for all DUI cases, but something changed along the way and they amended it to 10 years for a second, third or subsequent DUI. You can see the enrolled bill here: Kansas DUI Expungement Law.

The legislature has also passed a law that allows the Kansas Department of Revenue to issue a driver’s license designated with an Ignition Interlock Restriction scarlet letter during the time of the restriction. If I understand this right, it means a person who is restricted to only driving with an ignition interlock can go to the DMV and get a license made so that they actually have a picture ID to use. Previously, your driver’s license would be destroyed and you had to carry around your letter from the Department of Revenue as your “license”. Since some people are restricted to the interlock for years, naturally these letters got lost, destroyed and otherwise tattered to pieces. Now, I guess you can go get an actual plastic driver’s license which would give you something to carry, as well as get on airplanes, write checks and otherwise use a an ID. But, I am pretty sure it will be emblazoned with “Ignition Interlock Restriction”, or something to that effect, so that may not be something people want to use or show to employers.



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