How long you wait to clear a record in Kansas
How long you wait in Kansas for each kind of case, and what the waiting period is counted from.
Checked against official sources: October 25, 2026.
Short answer
Kansas law sets a waiting period for each kind of case. The wait starts from a set event.
- Main remedy
- Expungement of arrest records (K.S.A. 22-2410)
- Waiting periods
- Arrest, dismissal or acquittal: No waiting period, counted from the arrest or end of the case
Misdemeanor, traffic infraction, Class D/E felony or lower-level felony (nondrug levels 6-10, drug level 5, or drug level 4 for 1993-2012 crimes): 3 years, counted from satisfying the sentence or discharge from probation, community corrections, parole, postrelease supervision, conditional release or suspended sentence
Completed diversion agreement: 3 years, counted from fulfilling the terms of the diversion
Kansas waiting period helper
Pick your kind of case and the date the waiting period runs from. We add the waiting period from the law; nothing else.
Waiting periods: Expungement of arrest records (K.S.A. 22-2410)
Arrests that did not lead to a conviction: mistaken identity, no probable cause, not-guilty verdicts, dismissed charges, or no charges filed.
| Kind of case | Waiting period | Counted from |
|---|---|---|
Arrest, dismissal or acquittal | No waiting period There is no waiting period; you can petition at any time. | The arrest or end of the case |
Law: K.S.A. 22-2410
Source: Official text
Waiting periods: Expungement of convictions and diversions (K.S.A. 21-6614)
Misdemeanors, traffic infractions, completed diversion agreements, and most felonies (except the listed serious sex, homicide and child-abuse offenses).
| Kind of case | Waiting period | Counted from |
|---|---|---|
Misdemeanor, traffic infraction, Class D/E felony or lower-level felony (nondrug levels 6-10, drug level 5, or drug level 4 for 1993-2012 crimes) | 3 years You can petition 3 years after you finish your sentence or are discharged from supervision. | Satisfying the sentence or discharge from probation, community corrections, parole, postrelease supervision, conditional release or suspended sentence |
Completed diversion agreement | 3 years You can petition 3 years after you complete the diversion. | Fulfilling the terms of the diversion |
Higher-level felony (Class A-C, off-grid, nondrug levels 1-5, high drug levels) and listed traffic-related crimes (vehicular homicide, driving while suspended, hit-and-run, no insurance, felony using a vehicle, etc.) | 5 years You must wait 5 years after you finish your sentence or supervision. | Satisfying the sentence or discharge from supervision |
First DUI (K.S.A. 8-1567), including diversion | 5 years You must wait 5 years for a first DUI. | Satisfying the sentence or discharge from supervision |
Second or later DUI | 10 years You must wait 10 years for a second or later DUI. | Satisfying the sentence or discharge from supervision |
Specialty court program completed | No waiting period You can petition after completing a specialty court program; the court may waive the docket fee. | Completion of the specialty court program |
Prostitution conviction or diversion, if you were coerced | 1 year If you can show you were coerced, you can petition after 1 year. | Satisfying the sentence or diversion, or discharge from supervision |
- Not eligible
- Rape; indecent liberties or aggravated indecent liberties with a child; criminal sodomy and aggravated criminal sodomy; indecent solicitation of a child; sexual exploitation of a child; internet trading in child pornography; aggravated incest; endangering or abuse of a child; capital murder, first- and second-degree murder, voluntary and involuntary manslaughter; sexual battery of a minor; aggravated sexual battery; commercial driver DUI; attempts of these. No expungement while you are required to register as an offender.
Law: K.S.A. 21-6614
Source: Official text
In nearby states
- Oklahoma: Acquitted, reversed on appeal, or DNA exoneration: No waiting period, counted from the acquittal, reversal or exoneration
- Nebraska: Probation, fine only or community service: No waiting period, counted from completing probation (or early discharge), paying the fine and finishing community service
- Missouri: Misdemeanor, municipal violation or infraction: 1 year, counted from completion of the sentence or other authorized disposition
What to do now in Kansas
Find your dates
Use the dates on your court papers, not your memory.
Read the full rule
The wait is only one rule; the court looks at the whole record.
Prepare your petition
Once enough time has passed, see how to file. How to file.
Ask for free help
Legal aid can help for free: Kansas Legal Services: Expungement.
Free legal help in Kansas
Questions about waiting periods in Kansas
Can I clear a conviction in Kansas?
Expungement of arrest records: Arrests that did not lead to a conviction: mistaken identity, no probable cause, not-guilty verdicts, dismissed charges, or no charges filed. Expungement of convictions and diversions: Misdemeanors, traffic infractions, completed diversion agreements, and most felonies (except the listed serious sex, homicide and child-abuse offenses).
What is the waiting period in Kansas?
Arrest, dismissal or acquittal: No waiting period, counted from the arrest or end of the case; Misdemeanor, traffic infraction, Class D/E felony or lower-level felony (nondrug levels 6-10, drug level 5, or drug level 4 for 1993-2012 crimes): 3 years, counted from satisfying the sentence or discharge from probation, community corrections, parole, postrelease supervision, conditional release or suspended sentence; Completed diversion agreement: 3 years, counted from fulfilling the terms of the diversion; Higher-level felony (Class A-C, off-grid, nondrug levels 1-5, high drug levels) and listed traffic-related crimes (vehicular homicide, driving while suspended, hit-and-run, no insurance, felony using a vehicle, etc.): 5 years, counted from satisfying the sentence or discharge from supervision.