This bill amends K.S.A. 38-2312 to establish a process for the automatic expungement of certain juvenile records upon final discharge for adjudications related to offenses that would not be classified as serious crimes if committed by an adult. Specifically, starting July 1, 2025, the court will automatically expunge all records related to such adjudications without requiring any action from the juvenile, and no docket fee will be charged for this process. However, the bill specifies that records related to serious offenses, such as murder, sexual crimes, and other violent acts, will not be eligible for expungement. Additionally, juveniles who are required to register under the Kansas offender registration act will also be ineligible for expungement while they are under that requirement.

The bill also outlines the procedure for juveniles or their guardians to apply for expungement of records that are not automatically expunged. It includes provisions for a hearing, notification to the county or district attorney, and criteria that must be met for expungement to be granted. The court will consider factors such as the age of the juvenile, the time elapsed since discharge, and the absence of subsequent convictions. Furthermore, the bill emphasizes that once records are expunged, they will be treated as if they never occurred, although certain exceptions apply for future legal proceedings. The existing section of K.S.A. 38-2312 is repealed, and the new provisions will take effect upon publication in the statute book.

Statutes affected:
As introduced: 38-2312