Kansas Felony: Laws, Penalties, Sentencing, and Records

A felony in Kansas is a serious criminal offense that may result in more than one year in state prison. It is considered the most severe type of crime under Kansas law that has long-term effects such as lengthy imprisonment, large fines, loss of certain civil rights, and a permanent criminal record. In Kansas, felonies are classified based on crime severity and the offender’s criminal history. Certain crimes are treated as unclassified felonies, which carry distinct penalties.

What Is Considered a Felony in Kansas?

A felony in Kansas is defined in Kansas Statutes Annotated (K.S.A.), Chapter 21, Section 5102. The most common types of felonies include the following:

• Violent Crimes: These offenses include murder, manslaughter, aggravated assault, rape, robbery, and kidnapping.
• Drug Crimes: These offenses involve acts like trafficking, distribution, and manufacturing of controlled substances.
• Property Crimes: Arson, burglary, auto theft, and theft of property worth $1,500 or more are all examples of types of crimes.
• White-Collar Crimes: Covers offenses like fraud, forgery, embezzlement, and identity theft.
• Weapons Offenses: These include criminal possession of a firearm, unlawful discharge, or use of a weapon during a felony.

Moreover, misdemeanors can become felonies when certain aggravating factors are present. For instance, theft under $1,500 is a misdemeanor, but theft over that amount is considered a felony. Similarly, a battery case becomes aggravated battery if it involves serious injury or a weapon.

What Is a Felony in Kansas?

Kansas law defines a felony as any crime punishable by more than one year in the custody of the Kansas Department of Corrections. In contrast, misdemeanors are punishable by up to one year in a county jail. A felony conviction in Kansas can be punished in the following ways:

• Prison sentences that range from seven months to life imprisonment.
• Depending on the severity of the offense, fines can reach up to $500,000.
• An offender may lose the right toown firearms, serve on a jury, and vote while incarcerated.
• A permanent criminal record, which affects employment, housing, and professional licensing.

Felony Levels and Penalties in Kansas

The state of Kansas applies a sentencing guidelines grid system for felonies, which considers both the severity of the offense and the defendant’s criminal history.

Kansas Felony Categories

• Unclassified Felonies
  • First-degree murder and capital murder are the offenses in this category.
  • Penalty: Life imprisonment or death in capital cases (though Kansas has not executed anyone since 1965).
• Severity Level 1 Felonies
  • Second-degree murder, rape, and certain aggravated kidnapping cases.
  • Penalty: Depending on the offender’s criminal history, the punishment ranges from 147 to 653 months (12 to 54 years).
• Severity Level 2–5 Felonies
  • Aggravated battery, armed robbery, burglary, and certain sexual assaults.
  • Penalties: Sentences range from several years up to over a decade in prison.
• Severity Level 6–10 Felonies
  • Lower-level thefts, forgery, drug distribution, and property crimes.
  • Penalties: Probation, shorter prison terms, or community corrections.

In Kansas, drug-related felonies range from Level 1 to Level 5, and punishments depend on the quantity and type of drug.

Felony Sentencing Guidelines in Kansas

Sentencing in Kansas is governed by the Kansas Sentencing Guidelines Act (KSGA), which uses a two-dimensional grid:

• Vertical Axis: Severity level of the felony (Levels 1–10).
• Horizontal Axis: Offender’s criminal history score (A–I, with A being the most serious record).

Key Sentencing Factors

1. Presumptive Sentences: Judges are generally required to impose sentences within the grid unless justified reasons exist to depart.
2. Mandatory Minimums: Certain crimes, such as firearm offenses, sex crimes, and repeat violent crimes, carry mandatory minimum terms.
3. Aggravating Factors: The use of a deadly weapon, crimes against vulnerable victims, prior convictions, and gang involvement can affect both the charges filed and the resulting sentence.
4. Mitigating Factors: Being a first-time offender, cooperation with law enforcement, and rehabilitation potential can reduce charges or lead to lighter sentences.
5. Habitual Offender Law: Repeat offenders may face enhanced penalties under Kansas recidivist laws.
6. Probation and Alternative Sentencing: First-time offenders convicted of lower-level felonies (Levels 7–10) can be eligible for probation and community corrections.

For example, a Severity Level 3 aggravated robbery conviction may carry a sentence ranging from 55 to 247 months, depending on the defendant’s criminal history score.

Felony Laws and Procedures in Major Kansas Cities

Wichita (Sedgwick County)

Located in Wichita, the Sedgwick County District Court manages one of the highest felony caseloads in the state. The county’s felony records are accessible through the Clerk of District Court or the Kansas eCourt public access portal.

Topeka (Shawnee County)

Felony cases in Topeka are tried in the Shawnee County District Court. The Clerk of the District Court makes felony records available to the public upon request.

Kansas City (Wyandotte County)

The Wyandotte County District Court prosecutes felonies in Kansas City. This court also handles a significant number of gang- and weapons-related cases. Record seekers can find felony records through the Wyandotte County Clerk or the Kansas eCourt public access portal.

How to Search for Felony Records in Kansas

Kansas makes felony records publicly accessible through several official channels.

1. Kansas District Court Public Access Portal

Through the Kansas eCourts Public Access portal, anyone can search for cases by name or case number. The portal provides information on felony cases such as:

• Case number and docket details.
• Charges and filings.
• Court location.
• Sentencing.

2. District Court Clerk’s Offices

During official hours, interested parties may visit the District Court Clerk’s Office in order to request the official case files and certified copies of felony cases.

3. Kansas Bureau of Investigation (KBI)

The KBI Criminal History Record Check offers statewide felony conviction reports. Individuals can submit requests online and pay the required fee to obtain their felony conviction information.

4. Local Police Departments and Sheriffs

Under the Kansas Open Records Act (KORA), anyone may request arrest and incident reports managed by local police departments and sheriff’s offices.

5. Third-Party Background Checks

Although the most accurate data comes from law enforcement systems and Kansas’ official judicial system, individuals can use third-party websites to view felony records.

Open vs. Sealed Records

• Open Records: Most felony convictions are available to the public under the Kansas Open Records Act (KORA).
• Expungement: The records of serious violent felonies, sex crimes, and murder are not eligible for expungement in Kansas.

Why Understanding Felonies in Kansas Matters

In Kansas, the consequences of a felony conviction go beyond imprisonment and fines. It can affect job opportunities, housing, and civil rights. For individuals, employers, and organizations, learning about Kansas felony laws and record access helps them navigate the justice system.

Felonies are classified under a sentencing grid system in Kansas. The penalties for felony convictions range from probation for low-level offenses to mandatory life imprisonment for the most severe crimes. In addition, sentencing decisions also take into consideration the severity level of the felony and the offender’s criminal history score.

Felony records are available through the Kansas Courts portal, District Court Clerks, or the KBI. This ensures public transparency while allowing limited expungement for eligible cases.