Paul D. Cramm

Is It Possible to Have a Charge of Involuntary Manslaughter Expunged?

Interviewer: In a misdemeanor or homicide, could that be in time expunged or sealed?

Loss of Life Cases May Be Difficult to Expunge

Paul Cramm: K.S.A. 21-6614 controls expungement of certain criminal offenses. Most of these misdemeanor offenses will be subjected to expungement. Our expungement statute does carve out exceptions for loss of life cases. Depending on the expungement statute in effect at the time of the case, it may be very difficult to have any of these loss of life, homicide, manslaughter convictions expunged. Those tend to be the statutory exceptions to expungement are cases involving loss of life.

Does Kansas Allow Diversion Programs as Alternate Punishments in Vehicular Homicide or Manslaughter Cases?

Interviewer: Are there any diversion programs offered in Kansa that may help with the penalties?

Paul Cramm: Diversion in Kansas is really a matter of discretion on the part of the prosecutor. The prosecutor has discretion to offer participation in a diversion program. Certainly, someone could come to court faced with first offense misdemeanor vehicular homicide and they have no criminal history at all, may have a chance at the diversion program.

I will say that I think in most cases, prosecutors are apprehensive about offering diversion programs in cases that involve loss of life. I think from my experience, prosecutors are pretty hesitant to offer diversion in a loss of life case.

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