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Expungement FAQ

FAQs by an Expungement Attorney in Kansas City

What is an “Expungement?”

An “expungement” is a Court Proceeding through which a criminal arrest or conviction record may be sealed.

Can all convictions be expunged?

Expungements are available in all counties and cities in Kansas and Missouri. Most criminal records are eligible to be expunged, but some are not. Convictions for the most serious crimes such as murder, rape, sex crimes and crimes against children generally cannot be expunged. The best way to find out if your situation allows for an expungement is to call someone who knows the details of the law on the subject.

What are the benefits of having my record expunged?

A criminal record adds many challenges to life. It impairs job opportunities; the ability to lease a place to live;  the right to own a legal firearm.  Some people want a criminal record expunged for no reason other than to feel they are out from under the stigma of a dark part of their past. Expunging, sealing or erasing a criminal record can remove alleviate some of the challenges and restore self-esteem.

Do all jurisdictions allow expungements?

Many states do not permit expungements.  Kansas has allowed them for many years, although the Legislature frequently changes the requirements, rules and procedures that must be followed.  Missouri only recently broadened its expungement process to make a far greater number of crimes eligible for expungement.  McLean Law Firm represents people in Petitioning for  Expungement in both Kansas and Missouri.

How soon after my conviction can my record be expunged?

Depending upon the crime for which you were convicted, you must generally wait either 3 or 5 years from the time you satisfied the sentence imposed.

What is the effect of having my record expunged?

For most purposes, your record will be sealed and erased from view. In most cases, you may fill out applications for employment or housing; and, state truthfully, even under oath, that you have never been convicted of a crime.  The law treats you, in nearly every way, as though you had not been arrested or convicted of the crime.

After my record is expunged, can anyone find out about my conviction?

For most purposes, expungement seals the record of your conviction. There are a few exceptions that apply to only very few people.

How long does the expungement process take?

In Kansas most cases an expungement can be complete within 60 days of the filing of the Petition.  The process in Missouri usually takes a bit longer. The time can vary depending upon the prosecutor and the court that is involved.

How much does an expungement cost?

The attorney fee for an expungement is generally in the range of $1,000-$1500, depending upon the circumstances. A filing fee paid to the Court is a small additional cost. .

How do I know if I qualify for an expungement?

The best way to know whether your record can be expunged is to contact an experienced attorney and discuss your specific circumstances. The McLean Law Firm charges nothing for a telephone consultation.

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