The cost to expunge a felony in Kansas is $195 in court filing fees, and most people spend another $800 to $2,500 if they hire a lawyer to handle the petition. The $195 is set statewide and goes to the Clerk of the District Court when you file. Attorney fees vary with the complexity of the case. If you can’t afford either, Kansas has a fee waiver process and free legal clinics that can bring your out-of-pocket cost to zero.
The $195 Filing Fee
Every felony expungement petition in Kansas carries a $195 docket fee, paid to the Clerk of the District Court in the county where you were convicted.1Kansas Judicial Branch. 16th Judicial District Docket Fee and Surcharge Chart The amount is fixed by the Kansas Legislature and Supreme Court Rule, so it’s the same in every county. You pay the full fee at filing. If the judge denies your petition, the money is not refunded.
Nothing more is owed to the court once the fee is in. If a judge grants the expungement, the clerk sends a certified copy of the order to the Kansas Bureau of Investigation at no additional charge to you.2Kansas Legislature. Kansas Statutes 21-6614 – Expungement of Certain Convictions
What Lawyers Charge
Hiring a lawyer is optional. Many people do it anyway because Kansas eligibility rules rely on sentencing-grid severity levels that aren’t intuitive, and because a prosecutor can appear at the hearing to object.
Attorneys who handle expungements as a flat-fee service typically charge between $800 and $2,500. Complicated cases, such as multiple convictions or convictions spread across different counties, often run higher. Flat fees frequently include the $195 filing fee, so confirm what’s bundled before you pay the court separately. Hourly billing is less common for this kind of work but can come up if your case involves extensive motion practice or more than one hearing.
How to Pay Less, or Nothing
Kansas courts allow you to file a Poverty Affidavit asking the court to waive all or part of the $195 filing fee.3Kansas Judicial Branch. District Court Filing Fees The judge decides based on your financial circumstances. If you completed a specialty court program, the statute gives the court authority to waive the filing fee, and you can petition immediately upon finishing the program rather than waiting out the usual period.4Justia Law. Kansas Code 21-6614 – Expungement of Certain Convictions, Arrest Records and Diversion Agreements
Kansas Legal Services runs free expungement clinics at locations around the state where volunteer attorneys help eligible people prepare and file their petitions at no cost. Between a fee waiver and a clinic, it’s possible to get a felony expunged without spending anything.
Check Eligibility Before You File
The $195 is non-refundable, so it’s worth confirming your felony qualifies before writing the check. Kansas sorts felony expungements by severity level, each with its own waiting period that starts only after you’ve finished every part of your sentence, including incarceration, probation, parole, post-release supervision, and payment of all fines and restitution.4Justia Law. Kansas Code 21-6614 – Expungement of Certain Convictions, Arrest Records and Diversion Agreements
- Three-year wait: Class D and E felonies, nongrid felonies, felonies at severity levels 6 through 10 on the nondrug grid, and drug-grid felonies at severity level 5 (for offenses committed on or after July 1, 2012).
- Five-year wait: Class A, B, and C felonies, off-grid felonies, felonies at severity levels 1 through 5 on the nondrug grid, and drug-grid felonies at severity levels 1 through 4 (for offenses committed on or after July 1, 2012).
Your conviction’s severity level, not the common name of the crime, determines which tier applies. The Journal Entry of Judgment from your original case lists it. You also cannot have any felony conviction within the two years before filing, and no felony charges can be pending against you.4Justia Law. Kansas Code 21-6614 – Expungement of Certain Convictions, Arrest Records and Diversion Agreements
Some Kansas felonies cannot be expunged at any price. The statute permanently bars expungement for capital murder, first- and second-degree murder, voluntary and involuntary manslaughter, rape, aggravated sexual battery, sexual battery against a victim under 18, indecent liberties with a child, aggravated criminal sodomy, indecent solicitation of a child, sexual exploitation of a child, aggravated incest, endangering a child, abuse of a child, and internet trading in child pornography, along with any attempt to commit these offenses.4Justia Law. Kansas Code 21-6614 – Expungement of Certain Convictions, Arrest Records and Diversion Agreements Anyone required to register under the Kansas Offender Registration Act is also barred from expungement regardless of the underlying conviction.
What You’re Paying For at the Hearing
Filing the petition doesn’t guarantee approval. The court sets a hearing date and must find all of the following before granting the expungement:4Justia Law. Kansas Code 21-6614 – Expungement of Certain Convictions, Arrest Records and Diversion Agreements
- You have no felony conviction in the past two years and no felony charges pending.
- Your circumstances and behavior since the conviction warrant expungement.
- Expungement is consistent with public welfare.
- For felonies specifically, your possession of a firearm is not likely to threaten public safety.
The prosecutor’s office gets notice of your petition and may appear to object. If the prosecutor pushes back, the judge weighs those objections against the evidence you bring. This is the stage where paying for a lawyer tends to earn its keep: a well-prepared petition with documentation of rehabilitation, stable employment, and community ties materially improves your odds, and the $195 is gone whether you win or lose.
Filing the Petition
The Kansas Judicial Council publishes a standardized Petition for Expungement form you can download for free.5Kansas Judicial Council. Expungement (Adult) Fill it in with the case number, the district court that handled the conviction, the date of conviction, the original charge, and the arresting agency. The simplest way to pull all of that together is to request a copy of your Journal Entry of Judgment from the court clerk, which contains it in one document.
File the completed petition with the Clerk of the District Court in the county where your conviction was entered, and pay the $195 at the window (or submit a Poverty Affidavit if you’re asking the court to waive it).3Kansas Judicial Branch. District Court Filing Fees Filing in the wrong county means starting over, so confirm the right courthouse before you pay.