Authorizing judges to waive the docket fee in expungement cases by reviewing and granting a poverty affidavit.

Session of 2026
HOUSE BILL No. 2724
By Committee on Judiciary
Requested by Joe Molina on behalf of the Kansas Bar Association
2-5
AN ACT concerning courts; relating to docket fees; authorizing judges to
waive the docket fee in expungement cases by reviewing and granting a
poverty affidavit; removing the restriction on service of process
pending such determination of poverty; amending K.S.A. 12-4516, 21-
6614 and 60-2001 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.
(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,
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
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HB 2724 2
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
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.
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HB 2724 3
(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
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
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HB 2724 4
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
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;
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HB 2724 5
(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
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
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HB 2724 6
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
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
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HB 2724 7
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. 21-6614 is hereby amended to read as follows: 21-
6614. (a) (1) Except as provided in subsections (b), (c), (d), (e) and (f), any
person convicted in this state of a traffic infraction, cigarette or tobacco
infraction, misdemeanor or a class D or E felony, or for crimes committed
on or after July 1, 1993, any nongrid felony or felony ranked in severity
levels 6 through 10 of the nondrug grid, or for crimes committed on or
after July 1, 1993, but prior to July 1, 2012, any felony ranked in severity
level 4 of the drug grid, or for crimes committed on or after July 1, 2012,
any felony ranked in severity level 5 of the drug grid may petition the
convicting court for the expungement of such conviction or related arrest
records if three or more years have elapsed since the person: (A) Satisfied
the sentence imposed; or (B) was discharged from probation, a community
correctional services program, parole, postrelease supervision, conditional
release 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 may petition
the district 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
district court for the expungement of the conviction and related arrest
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HB 2724 8
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 prostitution, as defined in K.S.A. 21-
3512, prior to its repeal, convicted of 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, a community correctional services program, parole,
postrelease supervision, 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.
(c) Except as provided in subsections (e) and (f), 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, a community correctional
services program, parole, postrelease supervision, conditional release or a
suspended sentence, if such person was convicted of a class A, B or C
felony, or for crimes committed on or after July 1, 1993, if convicted of an
off-grid felony or any felony ranked in severity levels 1 through 5 of the
nondrug grid, or for crimes committed on or after July 1, 1993, but prior to
July 1, 2012, any felony ranked in severity levels 1 through 3 of the drug
grid, or for crimes committed on or after July 1, 2012, any felony ranked
in severity levels 1 through 4 of the drug grid, or:
(1) Vehicular homicide, as defined in K.S.A. 21-3405, prior to its
repeal, or K.S.A. 21-5406, and amendments thereto, or as prohibited by
any law of another state that is in substantial conformity with that statute;
(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, or as prohibited by
any law of another state that is in substantial conformity with that statute;
(3) perjury resulting from a violation of K.S.A. 8-261a, and
amendments thereto, or resulting from the violation of a law of another
state that is in substantial conformity with that statute;
(4) violating the provisions of K.S.A. 8-142 Fifth, and amendments
thereto, relating to fraudulent applications or violating the provisions of a
law of another state that is in substantial conformity with that statute;
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HB 2724 9
(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. 8-1603, prior to its repeal, or K.S.A. 8-1602 or 8-1604,
and amendments thereto, or required by a law of another state that is in
substantial conformity with those statutes;
(7) violating 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.
(d) (1) 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, a
community correctional services program, parole, postrelease supervision,
conditional release or a suspended sentence, if such person was convicted
of a first violation of K.S.A. 8-1567, and amendments thereto, including
any diversion for such violation.
(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, a community correctional services program,
parole, postrelease supervision, conditional release or a suspended
sentence, if such person was convicted of a second or subsequent violation
of K.S.A. 8-1567, and amendments thereto.
(3) Except as provided further, the provisions of this subsection shall
apply to all violations committed on or after July 1, 2006. The provisions
of subsection (d)(2) shall not apply to violations committed on or after
July 1, 2014, but prior to July 1, 2015.
(e) There shall be no expungement of convictions for the following
offenses or of convictions for an attempt to commit any of the following
offenses:
(1) Rape, as defined in K.S.A. 21-3502, prior to its repeal, or K.S.A.
21-5503, and amendments thereto;
(2) indecent liberties with a child or aggravated indecent liberties
with a child, as defined in K.S.A. 21-3503 or 21-3504, prior to their repeal,
or K.S.A. 21-5506, and amendments thereto;
(3) criminal sodomy, as defined in K.S.A. 21-3505(a)(2) or (a)(3),
prior to its repeal, or K.S.A. 21-5504(a)(3) or (a)(4), and amendments
thereto;
(4) aggravated criminal sodomy, as defined in K.S.A. 21-3506, prior
to its repeal, or K.S.A. 21-5504, and amendments thereto;
(5) indecent solicitation of a child or aggravated indecent solicitation
of a child, as defined in K.S.A. 21-3510 or 21-3511, prior to their repeal,
or K.S.A. 21-5508, and amendments thereto;
(6) sexual exploitation of a child, as defined in K.S.A. 21-3516, prior
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to its repeal, or K.S.A. 21-5510, and amendments thereto;
(7) internet trading in child pornography or aggravated internet
trading in child pornography, as defined in K.S.A. 21-5514, and
amendments thereto;
(8) aggravated incest, as defined in K.S.A. 21-3603, prior to its
repeal, or K.S.A. 21-5604, and amendments thereto;
(9) endangering a child or aggravated endangering a child, as defined
in K.S.A. 21-3608 or 21-3608a, prior to their repeal, or K.S.A. 21-5601,
and amendments thereto;
(10) abuse of a child, as defined in K.S.A. 21-3609, prior to its repeal,
or K.S.A. 21-5602, and amendments thereto;
(11) capital murder, as defined in K.S.A. 21-3439, prior to its repeal,
or K.S.A. 21-5401, and amendments thereto;
(12) murder in the first degree, as defined in K.S.A. 21-3401, prior to
its repeal, or K.S.A. 21-5402, and amendments thereto;
(13) murder in the second degree, as defined in K.S.A. 21-3402, prior
to its repeal, or K.S.A. 21-5403, and amendments thereto;
(14) voluntary manslaughter, as defined in K.S.A. 21-3403, prior to
its repeal, or K.S.A. 21-5404, and amendments thereto;
(15) involuntary manslaughter, as defined in K.S.A. 21-3404, prior to
its repeal, or K.S.A. 21-5405, and amendments thereto;
(16) sexual battery, as defined in K.S.A. 21-3517, prior to its repeal,
or K.S.A. 21-5505, and amendments thereto, when the victim was less
than 18 years of age at the time the crime was committed;
(17) aggravated sexual battery, as defined in K.S.A. 21-3518, prior to
its repeal, or K.S.A. 21-5505, and amendments thereto;
(18) a violation of K.S.A. 8-2,144, and amendments thereto,
including any diversion for such violation; or
(19) any conviction for any offense in effect at any time prior to July
1, 2011, that is comparable to any offense as provided in this subsection.
(f) Except as provided in K.S.A. 22-4908, and amendments thereto,
for any offender who is required to register as provided in the Kansas
offender registration act, K.S.A. 22-4901 et seq., and amendments thereto,
there shall be no expungement of any conviction or any part of the
offender's criminal record while the offender is required to register as
provided in the Kansas offender registration act.
(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 prosecutor 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;
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HB 2724 11
(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
authority or diverting authority.
(2) Except as otherwise provided by law, a petition for expungement
shall be accompanied by a docket fee in the amount of $176. A poverty
affidavit may be filed in lieu of a docket fee as established in K.S.A. 60-
2001, and amendments thereto. On and after July 1, 2019, through June
30, 2025, the supreme court may impose a charge, not to exceed $19 per
case, to fund the costs of non-judicial personnel. The charge established in
this section shall be the only fee collected or moneys in the nature of a fee
collected for the case. Such charge shall only be established by an act of
the legislature and no other authority is established by law or otherwise to
collect a fee.
(3) All petitions for expungement shall be docketed in the original
criminal action. 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) (A) 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 if the petition is filed
under subsection (a)(1) or (a)(2); or
(B) no proceeding involving a felony is presently pending or being
instituted against the petitioner if the petition is filed under subsection (a)
(3);
(2) the circumstances and behavior of the petitioner warrant the
expungement;
(3) the expungement is consistent with the public welfare; and
(4) with respect to petitions seeking expungement of a felony
conviction, possession of a firearm by the petitioner is not likely to pose a
threat to the safety of the public.
(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 that shall notify the federal bureau of investigation, the
secretary of corrections and any other criminal justice agency that may
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HB 2724 12
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
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
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HB 2724 13
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; or
(K) 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 amendments thereto, 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 conviction is to be disclosed;
(4) the conviction may be disclosed in a subsequent prosecution for
an offense that requires as an element of such offense a prior conviction of
the type expunged; and
(5) upon commitment to the custody of the secretary of corrections,
any previously expunged record in the possession of the secretary of
corrections may be reinstated and the expungement disregarded, and the
record continued for the purpose of the new commitment.
(j) Whenever a person is convicted of a crime, pleads guilty and pays
a fine for a crime, is placed on parole, postrelease supervision or
probation, is assigned to a community correctional services program, is
granted a suspended sentence or is released on conditional release, 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) (1) 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 a crime has been expunged under this statute may state that
such person has never been arrested, convicted or diverted of such crime.
(2) A person whose arrest record, conviction or diversion of a crime
that resulted in such person being prohibited by state or federal law from
possessing a firearm has been expunged under this statute shall be deemed
to have had such person's right to keep and bear arms fully restored. This
restoration of rights shall include, but not be limited to, the right to use,
transport, receive, purchase, transfer and possess firearms. The provisions
of this paragraph shall apply to all orders of expungement, including any
orders issued prior to July 1, 2021.
(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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HB 2724 14
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 prosecutor, 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 and certificate holders; and (B) their
officers, directors, employees, owners, agents and contractors;
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HB 2724 15
(11) the Kansas sentencing commission;
(12) 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-gaming compact;
(13) 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;
(14) 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;
(15) 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;
(16) (A) 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 act as a bail enforcement agent pursuant to
K.S.A. 75-7e01 through 75-7e09, and amendments thereto, and K.S.A. 50-
6,141, and amendments thereto; or
(B) the attorney general for any other purpose authorized by law,
except that an expungement record shall not be the basis for denial of a
license to carry a concealed handgun under the personal and family
protection act; or
(17) the Kansas bureau of investigation, for the purpose of
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.
(m) (1) The provisions of subsection (l)(17) shall apply to records
created prior to, on and after July 1, 2011.
(2) Upon the issuance of an order of expungement that resulted in the
restoration of a person's right to keep and bear arms, the Kansas bureau of
investigation shall report to the federal bureau of investigation that such
expunged record be withdrawn from the national instant criminal
background check system. The Kansas bureau of investigation shall
include such order of expungement in the person's criminal history record
for purposes of documenting the restoration of such person's right to keep
and bear arms.
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Sec. 3. K.S.A. 60-2001 is hereby amended to read as follows: 60-
2001. (a) Docket fee. Except as otherwise provided by law, no case shall
be filed or docketed in the district court, whether original or appealed,
without payment of a docket fee in the amount of $173 to the clerk of the
district court. Except as provided further, the docket fee established in this
subsection shall be the only fee collected or moneys in the nature of a fee
collected for the docket fee. Such fee shall only be established by an act of
the legislature and no other authority is established by law or otherwise to
collect a fee. On and after July 1, 2019, through June 30, 2025, the
supreme court may impose an additional charge, not to exceed $22 per
docket fee, to fund the costs of non-judicial personnel.
(b) Poverty affidavit in lieu of docket fee. (1) Effect. In any case
where a plaintiff by reason of poverty is unable to pay a docket fee, and an
affidavit so stating is filed, no fee will be required. An inmate in the
custody of the secretary of corrections may file a poverty affidavit only if
the inmate attaches a statement disclosing the average account balance, or
the total deposits, whichever is less, in the inmate's trust fund for each
month in: (A) The six-month period preceding the filing of the action; or
(B) the current period of incarceration, whichever is shorter. Such
statement shall be certified by the secretary. On receipt of the affidavit and
attached statement, the court shall determine the initial fee to be assessed
for filing the action and in no event shall the court require an inmate to pay
less than $3. The secretary of corrections is hereby authorized to disburse
money from the inmate's account to pay the costs as determined by the
court. If the inmate has a zero balance in such inmate's account, the
secretary shall debit such account in the amount of $3 per filing fee as
established by the court until money is credited to the account to pay such
docket fee. Any initial filing fees assessed pursuant to this subsection shall
not prevent the court, pursuant to subsection (d), from taxing that
individual for the remainder of the amount required under subsection (a) or
this subsection.
(2) Form of affidavit. The affidavit provided for in this subsection
shall set forth a factual basis upon which the plaintiff alleges by reason of
poverty an inability to pay a docket fee, including, but not limited to, the
source and amount of the plaintiff's weekly income. Such affidavit shall be
signed and sworn to by the plaintiff under oath, before one who has
authority to administer the oath, under penalty of perjury, K.S.A. 21-5903,
and amendments thereto. The form of the affidavit shall be deemed
sufficient if in substantial compliance with the form set forth by the
judicial council.
(3) Court review; grounds for dismissal; service of process. The court
shall review any petition authorized for filing under this subsection. Upon
such review, if the court finds that the plaintiff's allegation of poverty is
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HB 2724 17
untrue, the court shall direct the plaintiff to pay the docket fee or dismiss
the petition without prejudice. Notwithstanding K.S.A. 60-301, and
amendments thereto, service of process shall not issue unless the court
grants leave following its review.
(c) Disposition of fees. The docket fees and the fees for service of
process shall be the only costs assessed in each case for services of the
clerk of the district court and the sheriff. For every person to be served by
the sheriff, the persons requesting service of process shall provide proper
payment to the clerk and the clerk of the district court shall forward the
service of process fee to the sheriff in accordance with K.S.A. 28-110, and
amendments thereto. The service of process fee, if paid by check or money
order, shall be made payable to the sheriff. Such service of process fee
shall be submitted by the sheriff at least monthly to the county treasurer
for deposit in the county treasury and credited to the county general fund.
The docket fee shall be disbursed in accordance with K.S.A. 20-362, and
amendments thereto.
(d) Additional court costs. Other fees and expenses to be assessed as
additional court costs shall be approved by the court, unless specifically
fixed by statute. Other fees shall include, but not be limited to, witness
fees, appraiser fees, fees for service of process, fees for depositions,
alternative dispute resolution fees, transcripts and publication, attorney
fees, court costs from other courts and any other fees and expenses
required by statute. All additional court costs shall be taxed and billed
against the parties as directed by the court. No sheriff in this state shall
charge any mileage for serving any papers or process.
Sec. 4. K.S.A. 12-4516, 21-6614 and 60-2001 are hereby repealed.
Sec. 5. This act shall take effect and be in force from and after its
publication in the statute book.
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