My DUI was downgraded to a DWI in Aug 2015 in the state of Kansas, as I have reached the five years deadline by this Aug 2019, I have applied for an Expungement. The question is when I have to change my Employer, in the on boarding process, there will be background check that will be performed. Does the arrest record and Fingerprint exist after the Expungement and does they show up in the Background check after the Expungement? Is it possible to request to delete the record and the Fingerprints? kindly advise
You need to expunge both the conviction and the arrest. Unfortunately, in Kansas when you have been convicted or diverted, expungement has exceptions (See K.S.A. 21-6614, available on the web at: http://kslegislature.org/li_2012/b2011_12/statute/021_000_0000_chapter/021_066_0000_article/021_066_0014_section/021_066_0014_k/).
There is no difference between DUI and DWI in Kansas. Even after an arrest and a conviction are expunged by Kansas law the records still exist. They are not supposed to be publicly discoverable. Sometimes they still show up on a background check. If you ever get another DUI in Kansas the first one will count a a prior even if it is expunged.
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