AGO 1989-058.

• Case Date: May 08, 1989
• Court: Kansas

Kansas Attorney General Opinions 1989. AGO 1989-058. May 8, 1989ATTORNEY GENERAL OPINION NO. 89-58Mark A. Burghart General Counsel Kansas Department of Revenue 2nd Floor Docking State Office Building Topeka, Kansas Re: Crimes and Punishments--Kansas Criminal Code; Sentencing--Expungement of Certain Convictions Synopsis: A prosecuting attorney has no authority to waive statutory requirements for the passage of time before an individual is eligible to petition the court for expungement of conviction records. Further, we do not believe the court may disregard such limitations except in extreme circumstances. Cited herein: K.S.A. 8-249; K.S.A.1988 Supp. 12-4516; KS.A. 21-4619. * * * Dear Mr. Burghart: As general counsel for the Department of Revenue you request our opinion regarding the authority of a prosecutor to waive the time limitations set out by statute for expungement of conviction records. This is of interest to the Department in that it is the custodian of certain conviction records pursuant to K.S.A. 8-249. K.S.A.1988 Supp. 12-4516 and K.S.A. 21-4619 authorize expungement of certain convictions. These statutes specifically require the passage of a specified number of years, depending upon the type of crime committed, before a petition for expungement may be filed. See Meyer, "the New Kansas Expungement Laws," 2 J.K.T.L.A. 22 (1979). For example, K.S.A. 21-4619 provides in part:

"(a) Except as provided in subsections (b) and (c), any person convicted in this state of a traffic infraction, misdemeanor or a class D or E felony may petition the convicting court for the expungement of such conviction if three or more years have elapsed since the person: (1) Satisfied the sentence imposed; or (2) was discharged from probation, a community correctional services program, parole, conditional release or a suspended sentence.

"(b) Except as provided in subsection (c), no person may petition for expungement until five or more years have elapsed since the person satisfied the sentence imposed or was discharged from probation, a community correctional services program, parole, conditional release or a suspended sentence, if such person was convicted of a class A, B or C felony or: [list of specified criminal offenses omitted]

. . . .

"(c) There shall be no expungement of convictions for the following offenses: . . ."

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