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As Amended by House Committee
Session of 2026
HOUSE BILL No. 2655
By Committee on Corrections and Juvenile Justice
Requested by Representative Lewis
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AN ACT concerning municipal courts; providing for expungement of
convictions and related arrest records when a person has completed the
requirements of a specialty court program; authorizing judges to
waive the fee in expungement cases by reviewing and granting a
poverty affidavit; requiring judges to waive the fee for petitions for
expungement of municipal arrest records in certain cases;
authorizing the chief judge of each municipal court to establish a
specialty court program in accordance with supreme court rules;
amending K.S.A. 12-4516, 12-4516a and 20-173 and repealing the
existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 12-4516 is hereby amended to read as follows: 12-
4516. (a) (1) Except as provided in subsections (b), (c), (d), (e) and (f), any
person who has been convicted of a violation of a city ordinance of this
state may petition the convicting court for the expungement of such
conviction and related arrest records if three or more years have elapsed
since the person:
(A) Satisfied the sentence imposed; or
(B) was discharged from probation, parole or a suspended sentence.
(2) Except as provided in subsections (b), (c), (d), (e) and (f), any
person who has fulfilled the terms of a diversion agreement based on a
violation of a city ordinance of this state may petition the court for the
expungement of such diversion agreement and related arrest records if
three or more years have elapsed since the terms of the diversion
agreement were fulfilled.
(3) Notwithstanding the provisions of subsection (a)(1), and except as
provided in subsections (b), (c), (d), (e) and (f), any person who has
completed the requirements of a specialty court program established
pursuant to K.S.A. 20-173, and amendments thereto, may petition the
municipal court for the expungement of the conviction and related arrest
records. The court may waive all or part of the docket fee imposed for
filing a petition pursuant to this subsection.
(b) Any person convicted of a violation of any ordinance that is
prohibited by either K.S.A. 12-16,134(a) or (b), and amendments thereto,
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and which was adopted prior to July 1, 2014, or who entered into a
diversion agreement in lieu of further criminal proceedings for such
violation, may petition the convicting court for the expungement of such
conviction or diversion agreement and related arrest records.
(c) Any person convicted of the violation of a city ordinance which
would also constitute a violation of K.S.A. 21-3512, prior to its repeal, or a
violation of K.S.A. 21-6419, and amendments thereto, or who entered into
a diversion agreement in lieu of further criminal proceedings for such
violation, may petition the convicting court for the expungement of such
conviction or diversion agreement and related arrest records if:
(1) One or more years have elapsed since the person satisfied the
sentence imposed or the terms of a diversion agreement or was discharged
from probation, parole, conditional release or a suspended sentence; and
(2) such person can prove they were acting under coercion caused by
the act of another. For purposes of this subsection, "coercion" means:
Threats of harm or physical restraint against any person; a scheme, plan or
pattern intended to cause a person to believe that failure to perform an act
would result in bodily harm or physical restraint against any person; or the
abuse or threatened abuse of the legal process.
(d) No person may petition for expungement until five or more years
have elapsed since the person satisfied the sentence imposed or the terms
of a diversion agreement or was discharged from probation, parole,
conditional release or a suspended sentence, if such person was convicted
of the violation of a city ordinance which would also constitute:
(1) Vehicular homicide, as defined by K.S.A. 21-3405, prior to its
repeal, or K.S.A. 21-5406, 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 K.S.A. 8-142 Fifth, 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, prior to its repeal, 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, prior to its repeal.
(e) (1) No person may petition for expungement until five or more
years have elapsed since the person satisfied the sentence imposed or the
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terms of a diversion agreement or was discharged from probation, parole,
conditional release or a suspended sentence, if such person was convicted
of a first violation of a city ordinance which would also constitute a first
violation of K.S.A. 8-1567, and amendments thereto.
(2) No person may petition for expungement until 10 or more years
have elapsed since the person satisfied the sentence imposed or was
discharged from probation, parole, conditional release or a suspended
sentence, if such person was convicted of a second or subsequent violation
of a city ordinance which would also constitute a second or subsequent
violation of K.S.A. 8-1567, and amendments thereto.
(3) The provisions of this subsection shall apply to all violations
committed on or after July 1, 2006.
(f) 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. 8-2,144, and amendments thereto.
(g) (1) When a petition for expungement is filed, the court shall set a
date for a hearing of such petition and shall cause notice of such hearing to
be given to the prosecuting attorney and the arresting law enforcement
agency. The petition shall state the:
(A) Defendant's full name;
(B) full name of the defendant at the time of arrest, conviction or
diversion, if different than the defendant's current name;
(C) defendant's sex, race and date of birth;
(D) crime for which the defendant was arrested, convicted or
diverted;
(E) date of the defendant's arrest, conviction or diversion; and
(F) identity of the convicting court, arresting law enforcement agency
or diverting authority.
(2) A municipal court may prescribe a fee to be charged as costs for a
person petitioning for an order of expungement pursuant to this section. A
poverty affidavit may be filed in lieu of such fee as established in
K.S.A. 60-2001, and amendments thereto.
(3) 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 and shall have access to any reports or
records relating to the petitioner that are on file with the secretary of
corrections or the prisoner review board.
(h) At the hearing on the petition, the court shall order the petitioner's
arrest record, conviction or diversion expunged if the court finds that:
(1) The petitioner has 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 the petitioner;
(2) the circumstances and behavior of the petitioner warrant the
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expungement; and
(3) the expungement is consistent with the public welfare.
(i) When the court has ordered an arrest record, conviction or
diversion expunged, the order of expungement shall state the information
required to be contained in the petition. The clerk of the court shall send a
certified copy of the order of expungement 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, conviction or diversion. If the case was
appealed from municipal court, the clerk of the district court shall send a
certified copy of the order of expungement to the municipal court. The
municipal court shall order the case expunged once the certified copy of
the order of expungement is received. After the order of expungement is
entered, the petitioner shall be treated as not having been arrested,
convicted or diverted of the crime, except that:
(1) Upon conviction for any subsequent crime, the conviction that
was expunged may be considered as a prior conviction in determining the
sentence to be imposed;
(2) the petitioner shall disclose that the arrest, conviction or diversion
occurred if asked about previous arrests, convictions or diversions:
(A) In any application for licensure as a private detective, private
detective agency, certification as a firearms trainer pursuant to K.S.A. 75-
7b21, and amendments thereto, or employment as a detective with a
private detective agency, as defined by K.S.A. 75-7b01, and amendments
thereto; as security personnel with a private patrol operator, as defined by
K.S.A. 75-7b01, and amendments thereto; or with an institution, as defined
in K.S.A. 76-12a01, and amendments thereto, of the Kansas department
for aging and disability services;
(B) in any application for admission, or for an order of reinstatement,
to the practice of law in this state;
(C) to aid in determining the petitioner's qualifications for
employment with the Kansas lottery or for work in sensitive areas within
the Kansas lottery as deemed appropriate by the executive director of the
Kansas lottery;
(D) to aid in determining the petitioner's qualifications for executive
director of the Kansas racing and gaming commission, for employment
with the commission or for work in sensitive areas in parimutuel racing as
deemed appropriate by the executive director of the commission, or to aid
in determining qualifications for licensure or renewal of licensure by the
commission;
(E) to aid in determining the petitioner's qualifications for the
following under the Kansas expanded lottery act: (i) Lottery gaming
facility manager or prospective manager, racetrack gaming facility
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manager or prospective manager, licensee or certificate holder; or (ii) an
officer, director, employee, owner, agent or contractor thereof;
(F) upon application for a commercial driver's license under K.S.A.
8-2,125 through 8-2,142, and amendments thereto;
(G) to aid in determining the petitioner's qualifications to be an
employee of the state gaming agency;
(H) to aid in determining the petitioner's qualifications to be an
employee of a tribal gaming commission or to hold a license issued
pursuant to a tribal-state gaming compact;
(I) in any application for registration as a broker-dealer, agent,
investment adviser or investment adviser representative all as defined in
K.S.A. 17-12a102, and amendments thereto;
(J) in any application for employment as a law enforcement officer, as
defined in K.S.A. 22-2202 or 74-5602, and amendments thereto;
(K) for applications received on and after July 1, 2006, to aid in
determining the petitioner's qualifications for a license to carry a concealed
weapon pursuant to the personal and family protection act, K.S.A. 75-7c01
et seq., and amendments thereto; or
(L) for applications received on and after July 1, 2016, to aid in
determining the petitioner's qualifications for a license to act as a bail
enforcement agent pursuant to K.S.A. 75-7e01 through 75-7e09 and
K.S.A. 50-6,141, and amendments thereto;
(3) the court, in the order of expungement, may specify other
circumstances under which the arrest, conviction or diversion is to be
disclosed; and
(4) the conviction may be disclosed in a subsequent prosecution for
an offense which requires as an element of such offense a prior conviction
of the type expunged.
(j) Whenever a person is convicted of an ordinance violation, pleads
guilty and pays a fine for such a violation, is placed on parole or probation
or is granted a suspended sentence for such a violation, the person shall be
informed of the ability to expunge the arrest records or conviction.
Whenever a person enters into a diversion agreement, the person shall be
informed of the ability to expunge the diversion.
(k) Subject to the disclosures required pursuant to subsection (i), in
any application for employment, license or other civil right or privilege, or
any appearance as a witness, 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.
(l) Whenever the record of any arrest, conviction or diversion has
been expunged under the provisions of this section or under the provisions
of any other existing or former statute, the custodian of the records of
arrest, conviction, diversion and incarceration relating to that crime shall
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not disclose the existence of such records, except when requested by:
(1) The person whose record was expunged;
(2) a private detective agency or a private patrol operator, and the
request is accompanied by a statement that the request is being made in
conjunction with an application for employment with such agency or
operator by the person whose record has been expunged;
(3) a court, upon a showing of a subsequent conviction of the person
whose record has been expunged;
(4) the secretary for aging and disability services, or a designee of the
secretary, for the purpose of obtaining information relating to employment
in an institution, as defined in K.S.A. 76-12a01, and amendments thereto,
of the Kansas department for aging and disability services of any person
whose record has been expunged;
(5) a person entitled to such information pursuant to the terms of the
expungement order;
(6) a prosecuting attorney, and such request is accompanied by a
statement that the request is being made in conjunction with a prosecution
of an offense that requires a prior conviction as one of the elements of such
offense;
(7) the supreme court, the clerk or disciplinary administrator thereof,
the state board for admission of attorneys or the state board for discipline
of attorneys, and the request is accompanied by a statement that the
request is being made in conjunction with an application for admission, or
for an order of reinstatement, to the practice of law in this state by the
person whose record has been expunged;
(8) the Kansas lottery, and the request is accompanied by a statement
that the request is being made to aid in determining qualifications for
employment with the Kansas lottery or for work in sensitive areas within
the Kansas lottery as deemed appropriate by the executive director of the
Kansas lottery;
(9) the governor or the Kansas racing and gaming commission, or a
designee of the commission, and the request is accompanied by a
statement that the request is being made to aid in determining
qualifications for executive director of the commission, for employment
with the commission, for work in sensitive areas in parimutuel racing as
deemed appropriate by the executive director of the commission or for
licensure, renewal of licensure or continued licensure by the commission;
(10) the Kansas racing and gaming commission, or a designee of the
commission, and the request is accompanied by a statement that the
request is being made to aid in determining qualifications of the following
under the Kansas expanded lottery act:
(A) Lottery gaming facility managers and prospective managers,
racetrack gaming facility managers and prospective managers, licensees
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and certificate holders; and
(B) their officers, directors, employees, owners, agents and
contractors;
(11) the state gaming agency, and the request is accompanied by a
statement that the request is being made to aid in determining
qualifications:
(A) To be an employee of the state gaming agency; or
(B) to be an employee of a tribal gaming commission or to hold a
license issued pursuant to a tribal-state gaming compact;
(12) the Kansas securities commissioner, or a designee of the
commissioner, and the request is accompanied by a statement that the
request is being made in conjunction with an application for registration as
a broker-dealer, agent, investment adviser or investment adviser
representative by such agency and the application was submitted by the
person whose record has been expunged;
(13) the attorney general, and the request is accompanied by a
statement that the request is being made to aid in determining
qualifications for a license to:
(A) Carry a concealed weapon pursuant to the personal and family
protection act; or
(B) act as a bail enforcement agent pursuant to K.S.A. 75-7e01
through 75-7e09 and K.S.A. 50-6,141, and amendments thereto;
(14) the Kansas sentencing commission;
(15) the Kansas commission on peace officers' standards and training
and the request is accompanied by a statement that the request is being
made to aid in determining certification eligibility as a law enforcement
officer pursuant to K.S.A. 74-5601 et seq., and amendments thereto; or
(16) a law enforcement agency and the request is accompanied by a
statement that the request is being made to aid in determining eligibility
for employment as a law enforcement officer as defined by K.S.A. 22-
2202, and amendments thereto.
Sec. 2. K.S.A. 12-4516a is hereby amended to read as follows: 12-
4516a. (a) Any person who has been arrested on a violation of a city
ordinance of this state may petition the court for the expungement of
such arrest record.
(b) (1) When a petition for expungement is filed, the court shall
set a date for hearing on such petition and shall cause notice of such
hearing to be given to the prosecuting attorney and the arresting law
enforcement agency. When a petition for expungement is filed, the
official court file shall be separated from the other records of the
court, and shall be disclosed only to a judge of the court and members
of the staff of the court designated by a judge of the district court, the
prosecuting attorney, the arresting law enforcement agency, or any
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other person when authorized by a court order, subject to any
conditions imposed by the order. The petition shall state:
(1)(A) The petitioner's full name;
(2)(B) the full name of the petitioner at the time of arrest, if
different than the petitioner's current name;
(3)(C) the petitioner's sex, race and date of birth;
(4)(D) the crime for which the petitioner was arrested;
(5)(E) the date of the petitioner's arrest; and
(6)(F) the identity of the arresting law enforcement agency.
(2) A municipal court may prescribe a fee to be charged as costs
for a person petitioning for an order of expungement pursuant to this
section, except that no fee shall be charged to a person who was
arrested as a result of being a victim of identity theft under K.S.A. 21-
4018, prior to its repeal, or K.S.A. 21-6107, and amendments thereto ,
or who has had criminal charges dismissed because a court has found that
there was no probable cause for the arrest, the petitioner was found not
guilty in court proceedings or the charges have been dismissed.
(3) 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.
(c) At the hearing on a petition for expungement, the court shall
order the arrest record and subsequent court proceedings, if any,
expunged upon finding:
(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;
(4) the arrest was for a violation of any ordinance that is
prohibited by either K.S.A. 12-16,134(a) or (b), and amendments
thereto, and which was adopted prior to July 1, 2014; or
(5) 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.
(d) When the court has ordered expungement of an arrest record
and subsequent court proceedings, if any, the order shall state the
information required to be stated in the petition and shall state the
grounds for expungement under subsection (c). The clerk of the court
shall send a certified copy of the 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 order of expungement is
entered, the petitioner shall be treated as not having been arrested.
(e) If the ground for expungement is as provided in subsection (c)
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(5), the court shall determine whether, in the interest of public welfare,
the records should be available for any of the following purposes:
(1) In any application for employment as a detective with a
private detective agency, as defined by K.S.A. 75-7b01, and
amendments thereto; as security personnel with a private patrol
operator, as defined by K.S.A. 75-7b01, and amendments thereto; or
with an institution, as defined in K.S.A. 76-12a01, and amendments
thereto, of the Kansas department for aging and disability services;
(2) in any application for admission, or for an order of
reinstatement, to the practice of law in this state;
(3) to aid in determining the petitioner's qualifications for
employment with the Kansas lottery or for work in sensitive areas
within the Kansas lottery as deemed appropriate by the executive
director of the Kansas lottery;
(4) to aid in determining the petitioner's qualifications for
executive director of the Kansas racing commission, for employment
with the commission or for work in sensitive areas in parimutuel
racing as deemed appropriate by the executive director of the
commission, or to aid in determining qualifications for licensure or
renewal of licensure by the commission;
(5) in any application for a commercial driver's license under
K.S.A. 8-2,125 through 8-2,142, and amendments thereto;
(6) to aid in determining the petitioner's qualifications to be an
employee of the state gaming agency;
(7) to aid in determining the petitioner's qualifications to be an
employee of a tribal gaming commission or to hold a license issued
pursuant to a tribal-state gaming compact; or
(8) in any other circumstances which the court deems
appropriate.
(f) The court shall make all expunged records and related
information in such court's possession, created prior to, on and after
July 1, 2011, available to the Kansas bureau of investigation for the
purposes of:
(1) Completing a person's criminal history record information
within the central repository in accordance with K.S.A. 22-4701 et
seq., and amendments thereto; or
(2) providing information or documentation to the federal bureau
of investigation, in connection with the national instant criminal
background check system, to determine a person's qualification to
possess a firearm.
(g) Subject to any disclosures required under subsection (e), in
any application for employment, license or other civil right or
privilege, or any appearance as a witness, a person whose arrest
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records have been expunged as provided in this section may state that
such person has never been arrested.
(h) Whenever a petitioner's arrest records have been expunged as
provided in this section, the custodian of the records of arrest,
incarceration due to arrest or court proceedings related to the arrest,
shall not disclose the arrest or any information related to the arrest,
except as directed by the order of expungement or when requested by
the person whose arrest record was expunged.
Sec. 2. 3. K.S.A. 20-173 is hereby amended to read as follows: 20-
173. (a) The supreme court shall adopt rules for the establishment and
operation of one or more specialty court programs within the state. The
chief judge of a judicial district or the chief judge of a municipal court
may establish a specialty court program in accordance with the rules
adopted by the supreme court.
(b) (1) There is hereby established a specialty court funding advisory
committee within the judicial branch. The committee shall:
(A) Evaluate resources available for assessment and treatment of
people assigned to specialty courts or for the operation of specialty courts;
(B) secure grants, funds and other property and services necessary or
advantageous to facilitate the operation of specialty courts;
(C) recommend to the judicial administrator the allocation of
resources among the various specialty courts operating within the state;
and
(D) recommend legislation and rules to aid the development of
specialty courts.
(2) The committee shall consist of the following members:
(A) The chairperson of the standing committee on judiciary in the
house of representatives, or the chairperson's designee;
(B) the chairperson of the standing committee on judiciary in the
senate, or the chairperson's designee;
(C) the chairperson of the legislative budget committee created
pursuant to K.S.A. 46-1208, and amendments thereto, or the chairperson's
designee;
(D) one member of the legislature from the minority party appointed
jointly by the minority leader in the house of representatives and the
minority leader in the senate;
(E) five members appointed by the chief justice of the supreme court,
including one representative of the prosecutors throughout the state and
one representative of the criminal defense attorneys throughout the state;
(F) one member appointed by the secretary of corrections who shall
serve as an ex officio, nonvoting member;
(G) one member appointed by the secretary for aging and disability
services who shall serve as an ex officio, nonvoting member; and
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(H) a drug and alcohol addiction treatment provider appointed by the
Kansas sentencing commission who shall serve as an ex officio, nonvoting
member.
(3) Three members appointed by the chief justice shall be appointed
for a term of three years. Two members appointed by the chief justice shall
be appointed for a term of two years. The ex officio, nonvoting members
shall be appointed for a term of two years. Members shall serve until a
qualified successor is appointed. Vacancies shall be filled in the same
manner as provided in this subsection. Members of the committee shall be
appointed prior to August 1, 2022.
(4) The chief justice of the supreme court shall designate the
chairperson of the committee.
(5) The office of judicial administration may provide technical
assistance to the committee.
(6) All members of the committee who are not judicial members shall
receive compensation, travel expenses and subsistence expenses or
allowances as provided in K.S.A. 75-3212, and amendments thereto.
Judicial members shall receive reimbursement for travel expenses and
subsistence expenses or allowances as provided in K.S.A. 75-3212, and
amendments thereto.
(7) Nothing in this section shall prohibit any judicial district, local
government or the judicial branch from directly applying for, receiving and
retaining funding to facilitate the operation of specialty courts. Funds
received by a judicial district or local government shall not be remitted to
the state treasurer in accordance with this section.
(c) (1) There is hereby established the specialty court resources fund
in the state treasury which shall be administered by the judicial
administrator. All expenditures from the specialty court resources fund
shall be for the purpose of operating specialty court programs established
pursuant to this section, including administrative costs related to such
programs. All expenditures from the fund shall be made in accordance
with appropriation acts upon warrants of the director of accounts and
reports issued pursuant to vouchers approved by the judicial administrator
or the judicial administrator's designee.
(2) Funds acquired through appropriations, grants, gifts, contributions
and other public or private sources that are designated for specialty court
operations shall be remitted to the state treasurer in accordance with the
provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of
each such remittance, the state treasurer shall deposit the entire amount
into the state treasury to the credit of the specialty court resources fund.
(d) (1) If a person is sentenced to participate in a specialty courts
court program pursuant to K.S.A. 21-6604, and amendments thereto, and
the person successfully completes such program, the person's sentence
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HB 2655—Am. by HC 12
may be reduced or modified.
(2) Nothing in this subsection shall be construed to authorize a judge
to impose, modify or reduce a sentence below the minimum sentence
required by law.
(e) For the purposes of this section, "specialty court" means a district
court or municipal court program that uses therapeutic or problem-solving
procedures to address underlying factors that may be contributing to a
person's involvement in the judicial system, including, but not limited to,
mental illness or drug, alcohol or other addictions. Procedures may include
treatment, mandatory periodic testing for prohibited drugs or other
substances, community supervision and appropriate sanctions and
incentives.
Sec. 3. 4. K.S.A. 12-4516, 12-4516a and 20-173 are hereby repealed.
Sec. 4. 5. This act shall take effect and be in force from and after its
publication in the Kansas register.
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