Kansas 2023-2024 Regular Session

Kansas House Bill HB2655

Introduced
1/31/24  
Refer
1/31/24  

Caption

Requiring automated expungement of certain records from a person's criminal record to seal such records from public view and limit disclosure thereof.

Impact

The impact of HB2655 on state law is significant, as it amends existing statutes to streamline the expungement process. The provisions state that once a court orders an acquittal or dismissal, the corresponding records must be automatically expunged after 30 days, unless an objection is filed. This not only reduces the waiting period for individuals seeking to clear their records but also alleviates the administrative burden on the courts and prosecutors. The bill advances the notion of second chances by providing a pathway for individuals to reintegrate into society following wrongful charges.

Summary

House Bill 2655 aims to reform the process of expunging criminal records within the state of Kansas. It introduces provisions for the automated expungement of certain records, effectively sealing them from public view and limiting their disclosure. This bill primarily targets cases where an individual has been acquitted of charges or where charges have been dismissed. The legislation intends to enhance access to expungement, making it easier for individuals to clear their records without the burden of legal proceedings in cases of acquittals or dismissals of charges.

Contention

While the bill is largely viewed as a positive step towards criminal justice reform, there are notable concerns regarding its implications. Opponents fear that the automated process may limit oversight and thorough consideration of the reasons behind certain charges being dismissed or acquitted. Additionally, the bill specifies that certain serious offenses, such as sexual crimes and violent felonies, remain ineligible for expungement, which has spurred debate about what constitutes a fair chance for rehabilitation and how past offenses should impact an individual’s rights to privacy and employment opportunities.

Companion Bills

No companion bills found.

Similar Bills

KS HB2113

Prohibiting denial of a petition for expungement due to the petitioner's inability to pay outstanding costs, fees, fines or restitution, providing that the waiting period for expungement starts on the date of conviction or adjudication and authorizing expungement of a juvenile adjudication if the juvenile has not committed a felony offense in the previous two years.

KS SB393

Requiring automated expungement of certain records from a person's criminal record to seal such records from public view and limit disclosure thereof.

KS HB2028

Requiring certain records to be automatically expunged from a person's criminal record.

KS SB240

Establishing procedures for a civil action instituted by the commissioner of insurance related to fraudulent insurance acts, providing that expunged criminal records will be disclosed in any application for licensure as an insurance producer or public adjuster if the arrest, conviction or diversion is for a fraudulent insurance act and including automobile assigned claims plans in provisions related to fraudulent insurance acts.

KS HB2323

Establishing procedures for a civil action instituted by the commissioner of insurance related to fraudulent insurance acts, providing that expunged criminal records will be disclosed in any application for licensure as an insurance producer or public adjuster if the arrest, conviction or diversion is for a fraudulent insurance act and including automobile assigned claims plans in provisions related to fraudulent insurance acts.

KS SB106

Reconciling multiple amendments to certain statutes.

KS HB2393

Authorizing the supreme court to impose a charge to fund the costs of non-judicial personnel through June 30, 2030.

KS HB2473

Reconciling multiple amendments to certain statutes.