Kansas 2023-2024 Regular Session

Kansas Senate Bill SB393

Introduced
1/24/24  
Refer
1/25/24  

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 legislation is set to take effect on July 1, 2025, and will amend existing statutes concerning criminal procedure. It will limit the disclosure of expunged records and restore individuals' rights, including the right to possess firearms, once their record has been expunged. Supporters argue that this is a crucial step towards rehabilitation, helping individuals reintegrate into society by reducing barriers to employment and other opportunities that a criminal record can impose.

Summary

Senate Bill 393 introduces significant reforms to the expungement process of criminal records in Kansas, aiming to automate the expungement of certain criminal records from public view. Under this bill, individuals who are acquitted or whose charges are dismissed will see their records automatically expunged 30 days post-order unless there is an objection. The bill also outlines a clearer pathway for individuals seeking to expunge records related to criminal charges, providing them with a simplified process that enhances their ability to move forward without the stigma of a criminal record.

Contention

Notable points of contention surrounding SB393 include concerns from some law enforcement and prosecutors regarding public safety and the potential challenges in balancing the rights of individuals with the need for maintaining sufficient criminal records for legal and safety purposes. Critics may argue that automatic expungements could hinder law enforcement’s ability to track repeat offenders, especially concerning serious crimes. The bill explicitly excludes particular serious offenses, including sexual crimes and violent felonies, which aims to address these concerns while still improving the expungement process for less severe offenses.

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 HB2655

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.