How Much Does It Cost to Expunge a Record in Kansas? Attorney Fees and Court Costs Explained
In Kansas, clearing a criminal record typically involves a $195 district court filing fee. When adding a private lawyer's retainer, the total cost usually ranges from $1,000 to $2,500.
Understanding the Cost of Clearing Your Name in Kansas
Having a criminal record can make it extremely difficult to find a good job, rent an apartment, or get a professional license. Fortunately, Kansas law allows residents to clear eligible convictions through a process called expungement. However, one of the biggest questions people have is how much this legal process will cost. Navigating the legal system is not free, and there are several fees required by the courts and state agencies. If you need help filing your paperwork correctly, we strongly suggest browsing our directory of USA Lawyers to find an experienced local attorney.
The total cost to expunge a record in Kansas is primarily broken down into court filing fees and attorney fees. Knowing what to expect financially will help you prepare for this important investment in your future.
District Court Filing Fees
To start the expungement process, you must file a formal petition in the district court where you were originally convicted. For example, if you were convicted in Wichita, you must file at the Sedgwick County District Court, Wichita. If your conviction was in Olathe, you file at the Johnson County District Court, Olathe.
Under K.S.A. § 60-2001 and K.S.A. § 21-6614, the statutory docket fee for an expungement petition in a Kansas district court is $195. This fee must be paid upfront at the time you submit your paperwork to the court clerk. It is important to note that this fee covers one case. If you have multiple convictions in different counties, you must pay separate filing fees in each respective county courthouse.
KBI Fingerprinting and Background Check Costs
Once you file your petition, the court initiates a comprehensive criminal background check to ensure you meet all statutory waiting periods and eligibility criteria. This check is conducted through the Kansas Bureau of Investigation, Topeka.
Unlike independent record requests, filing an expungement petition in district court does not require paying a separate $50 fee directly to the KBI; the statutory $195 docket fee covers the court's processing of the action. However, petitioners must submit a KBI Expungement Cover Sheet alongside their court paperwork. If the court requires a physical fingerprint card to verify identity, you may incur a nominal fee of $10 to $20 at your local sheriff's office or police department to have your fingerprints rolled.
Typical Attorney Retainer Fees
While you are not legally required to have an attorney to file for expungement, making a mistake on the paperwork can result in a judge denying your petition. An experienced Kansas criminal defense lawyer will gather court documents, draft the petition, deal with the district attorney's office, and represent you at the expungement hearing.
Most lawyers in Kansas charge a flat fee for an expungement case. For a simple misdemeanor conviction, a lawyer's fee typically ranges from $750 to $1,500. For more complex felony convictions or cases involving multiple charges, the fee can range from $1,500 to $2,500 or more. The peace of mind knowing the process is handled correctly is often worth the investment.
How to Apply for an Indigency Waiver (Poverty Affidavit)
If you desperately need your record cleared to find employment but simply cannot afford the $195 district court filing fee, Kansas law provides a solution. You can ask the court to waive the fee by filing a poverty affidavit under K.S.A. § 60-2001(b) and K.S.A. § 21-6614(a)(1).
You will need to complete the Kansas Judicial Council's Poverty Affidavit form. This document requires you to detail your income, household expenses, assets, and debts under oath, demonstrating that paying the filing fee would impose severe financial hardship. Under K.S.A. § 60-2001(b), the district court has the statutory authority to waive the $195 docket fee upon approving your poverty affidavit, allowing eligible indigent individuals to pursue expungement without paying court costs upfront.
Breakdown of Kansas Expungement Costs
| Type of Expense | Estimated Cost | Is it Required? |
|---|---|---|
| District Court Filing Fee | $195 | Yes (Unless Poverty Affidavit is approved) |
| KBI Cover Sheet Processing | $0 (Included in docket fee) | Yes |
| Local Fingerprint Rolling | $10 - $20 | If required by court |
| Private Attorney Fee | $750 - $2,500 | No, but highly recommended |
Frequently Asked Questions (FAQ)
Do I get my money back if the judge denies my expungement?
No. Court filing fees are non-refundable. If the judge denies your petition because you are ineligible or filed incorrectly, you will lose the $195 docket fee paid to the court.
Can a lawyer guarantee my record will be expunged?
No ethical attorney can guarantee a specific outcome. The decision ultimately rests with the district court judge. However, a lawyer can assess your case to ensure you are legally eligible before you spend money on filing fees.
Does the poverty affidavit cover my attorney's fees?
No. A poverty affidavit only waives the docket fee owed directly to the Kansas state courts. It does not cover private attorney fees or optional legal services.
Are city court expungements cheaper than district court?
If your conviction was in a local municipal court (like traffic offenses or city misdemeanors), the filing fee is often slightly lower than the $195 district court fee. You will need to check the specific city court's fee schedule.
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