Learn with a Lawyer: Now’s the time to focus on expungement

Brandan Davies is a criminal defense lawyer in Overland Park, Kansas. Brandan assists clients with all types of criminal matters in all courts in Johnson County. Mr. Davies has been named as a Superlawyer, Top 100 Trial Lawyers by the National Trial Lawyers Association and is A/V Rated for his Criminal Law Practice.

With job prospects dwindling, now is a good time to clean up an old criminal record.

The Covid-19 Pandemic has dealt a crushing blow to many industries.  Record job losses with no end in sight have made competition for open jobs fierce.  With jobs at a premium many employers are being hyper-selective about who they bring into the company.  Employers are vetting far more thoroughly than they used to, including criminal background checks.  Many people fall into the trap of getting offered their dream job only to have the offer yanked when the criminal background check comes back to reveal an offense committed long ago.  The tough thing about this scenario is that it’s very common and almost always avoidable with just a little bit of forward thinking.

In Kansas, nearly all criminal convictions are eligible to be expunged and removed from public view.  Expungement is not something that happens automatically and takes some time and effort on the part of the person seeking the expungement.  But that time and effort can be the difference between unemployment and accepting a new job.

Expungement is a process that can be tackled on your own, but it always helps to consult with a lawyer in the beginning.  Depending on the jurisdiction, most expungements start with filing a petition for expungement and paying a filing fee.  The contents of the petition are proscribed by law and certain information must be included in the expungement.  The petition is generally verified and sworn before it is submitted.   Once submitted, the prosecutor will generally run a background check on the petitioner to see what other crimes the petitioner may have also been convicted of.  Once that is accomplished the prosecutor will make a recommendation to the court as to whether the petition should be granted or denied.  Ultimately, the petitioner, their lawyer and the prosecutor may get in front of a judge and argue as to why the petitioner should be granted or denied the expungement.

Although the expungement process can be a little nerve racking and can dredge up some old memories that may not be easy to deal with, it’s worth it to get it done.  Being back to square one with a clean record can remove some of the angst one might experience when walking into a job interview, as well as opening up doors that had previously been closed.  If you’ve been thinking about cleaning up your criminal history now is the time to act – the expungement process can take months to accomplish, so trying to begin the process after you’ve got the job offer simply won’t work.  For more information on expungement in Kansas visit www.rothdavies.com.

With decades of experience on our side, the attorneys at Roth Davies are proud to serve individuals across the Overland Park area on issues related to personal injury, family law, divorce law and criminal defense. We’re here to help you find a solution.