Kansas Misdemeanors

A misdemeanor is an offense that is less serious than a felony but more severe than a civil infraction. In Kansas, it is punishable by several possible penalties, including treatment programs, fines, probation, or other court-imposed conditions.

What Is a Misdemeanor in Kansas?

In Kansas, misdemeanors are grouped into Class A, B, C, and unclassified offenses per Section 21-6602 of the Kansas Statutes Annotated. The jail terms for these offenses range from one month to one year, depending on the class. However, the penalties for unclassified misdemeanors are determined by the specific statute that defines the offense.

Unlike felonies, which often result in imprisonment, or traffic infractions, which carry only fine penalties, misdemeanors are punishable by both fines and jail time. For instance, Class A misdemeanors are punishable by fines of up to $2,500, Class B up to $1,000, and Class C up to $500 according to K.S.A. 21-6611.

Several offenses qualify as misdemeanors in the state of Kansas. Examples include lower-level theft, simple battery, disorderly conduct, and many first-offense DUIs. Section 8-1567 of the Kansas Statute Annotated defines a first DUI as a Class B nonperson misdemeanor with mandatory minimum penalties, while a second DUI is a Class A misdemeanor carrying harsher penalties.

Misdemeanor Classes and Penalties in Kansas

Jail Exposure

Class A: Jail time for these offenses may not exceed one year in county jail.

Class B: Offenders can be sentenced to jail terms of up to six months.

Class C: By law, jail time for these offenses cannot exceed one month.

Unclassified: Unless a specific penalty is defined in the statute that creates the offense, these offenses are generally treated as Class C misdemeanors.

Fines

Courts may impose monetary fines in addition to or instead of confinement. Individuals convicted of Class A misdemeanors may be fined up to $2,500, while Class Bmisdemeanors carry fines of up to $1,000. Class C misdemeanors may result in fines of up to $500.

DUI

In Kansas, an individual convicted of a first-time DUI offense may spend at least 48 hours and up to six months in county jail, or they may be required to complete 100 hours of community service. The court may also impose a fine between $750 and $1,000.

Misdemeanor Court Process in Kansas

The District Courts are Kansas’s trial courts of general jurisdiction that handle both misdemeanor and felony cases. Misdemeanor proceedings are prosecuted in the criminal division of the District Court and are usually heard by a district judge or magistrate judge. Other misdemeanor offenses, such as local ordinance violations and certain traffic infractions, are heard by the Municipal Courts.

In Kansas, courts address misdemeanor cases by following a typical sequence. A misdemeanor case starts when a law enforcement officer arrests an individual or issues them a notice to appear in court for an alleged offense. The offender must attend the initial appearance where the judge explains the charges and sets bond or release conditions.

During arraignment, the judge also informs the defendant of their legal rights and the right to a trial. Then, the defendant must enter a plea of guilty, not guilty, or no contest. If the defendant formally denies the charges, the case moves forward to pretrial proceedings both parties in the case can exchange evidence, file motions, or negotiate a plea agreement.

The case proceeds to trial if no agreement is reached. The defendant can request a jury trial, or the case will be heard by a judge. If the defendant is found guilty after trial, the judge may impose a sentence such as community service, jail time, or probation, depending on the circumstances of the case.

Misdemeanor Records in Major Kansas Cities

The public can view information in criminal, civil, probate, and misdemeanor cases through the Kansas District Court Public Access Portal. Public court records that are not restricted by law are accessible online or through public terminals in the courthouses.

• Wichita (Sedgwick County) – To access information on misdemeanor cases in Wichita, you may use the statewide Public Access Portal or a public access computer at the Sedgwick County District Courthouse. If you have a case or citation number, or the name of a party in the case, you may also find misdemeanor records from the Wichita Municipal Court through the Court Case Search Portal.
• Overland Park (Johnson County) – You can find Johnson County misdemeanor records online through the state’s Public Access Portal. To find information for misdemeanor cases heard in Overland Park, you may use the Municipal Court’s Public Access Portal.
• Topeka (Shawnee County) – Shawnee County misdemeanor records are accessible through the Public Access Portal. You may find information on misdemeanor cases heard in the Topeka Municipal Court through its designated Public Access Portal.

Public access to many court records in Kansas is governed by Supreme Court Rule 22 and the Kansas Open Records Act (K.S.A. 45-221). When using the statewide public access portal or courthouse terminals, you may view case information such as hearing dates, minute entries, charges, dispositions, and sentences.

How to Search for Misdemeanor Records in Kansas

Anyone can ask for publicly available misdemeanor records through the Kansas District Court Public Access Portal. For records that are not accessible online, interested parties may view them in person at the relevant courthouse. Most Kansas Municipal Courts also provide online access to their records through dedicated portals.

Misdemeanor records are also included in Kansas criminal history records, but only if the arrest or conviction involved fingerprinting. Individuals can conduct official background checks online through the Criminal History Record Check.

How Long Does a Misdemeanor Stay on Your Record in Kansas?

The state of Kansas does not automatically remove misdemeanor convictions from public or criminal history records unless individuals seek specific relief.

Convictions & diversions

Records of most misdemeanors, lower-level felony convictions, and diversion programs can be sealed or expunged after completing the sentence, according to K.S.A. 21-6614. This can be done three years after sentence completion, provided the requester does not have pending charges.

Moreover, some offenses have a waiting period of five to ten years. For example, individuals can petition for the expungement of a first DUI after five years, while a second or subsequent DUI is eligible after 10 years. It is important to note that even after the waiting period, the court retains the discretion to accept or reject the petition.

Arrest-only / non-conviction

Per K.S.A. 22-2410, an individual may petition the court to expunge an arrest record that did not result in a conviction or was due to a mistaken identity. The court notifies the arresting agency and the prosecutor, and can hold a hearing to expunge the record.

Effect of expungement

After expungement, the misdemeanor record is removed from public access; however, law enforcement and certain agencies may still access expunged information.

Misdemeanor convictions can remain publicly visible indefinitely if the individual does not seek relief. Nonetheless, a qualifying expungement order from the court can limit public access to these records and may improve opportunities for employment and housing.