If my husband was convicted 7 years ago of criminal threatening, can it be expunged?

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If my husband was convicted 7 years ago of criminal threatening, can it be expunged?

Asked on March 25, 2013 under Criminal Law, Kansas

Answers:

Stacey Schlimmer / Schlimmer Law, LLC

Answered 7 years ago | Contributor

Your husband's conviction may be eligible for expungment in the State of Kansas, per K.S.A. 21-4516. Depending on additional criminal history, if any, and the details of the case, this may be an appropriate time to file a Petition for Expungement and ask the court for an Order expunging his conviction and arrest.  These documents require specific details and information to be complete, which is why it is recommended that you hire an attorney for the process.  An attorney cannot guarantee expungement of the conviction or arrest; that is ultimately up to the Prosecution and Judge. The filing fee for expungement depends on the court, in Johnson County,  the filing fee is currently $119. In most situations, an attorney would ask that you pay this filing fee and a small, flat fee for the preparation and filing of the documents. 

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Whether or not your husband's conviction can be expunged by the court depends whether or not the judge in his or her discretion is willing grant the desired expungement. I suggest that he consult with a criminal defense attorney to see what his options are.


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