Does the Employment background check pull the Arrest records after DWI Expungement?
2 attorney answers
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.
This answer is intended to provide general information about the justice system. It does not provide legal advice nor does it create an attorney-client relationship. It does not provide the basis for making decisions about a course of action. Legal advice requires more communication and information than is possible in this format. Many important considerations and factors need to be investigated and discussed before an attorney could give legal advice about this issue. Before making any decisions about a course of action readers are strongly encouraged to contact a lawyer and secure an attorney-client relationship. Readers must also understand that this format does not provide for confidential communication.
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/).