Is It Possible to Have the Criminal Record Sealed for a Prostitution-Related Charge in Kansas?

Interviewer: Yes, I don’t think there’s enough information out there, which is why I’m glad we’re covering this topic. Of course you’re shameful but you still have a way to fight it. I think this information is what would make them more comfortable up front.

Now, as my defense attorney, are you able to have these records sealed after a conviction, so maybe that’s one other step, I can feel more comfortable or can you have those records even sealed?

In Kansas, Misdemeanor Offenses Can Be Sealed Three Years after Fulfilling the Terms of Probation

Paul: K.S.A. 21-6614 controls expungement of certain criminal offenses.  You can petition for expungement of certain criminal convictions for misdemeanor criminal convictions, and there is a waiting period of three years after successful release from probation.

If someone is charged, they’re placed on probation for a period of 12 months. The three-year waiting period will begin after completion of probation. The list of offenses for which no expungement is offered changes from one legislative session to the next, and we need to look and see what our legislature has done with the expungement statues to see if these types of sexual offenses are now no longer subject to expungement.

The Charge Can Be Expunged Three Years Following the Completion of Probation

My information indicates that they will be subject to expungement, particularly the misdemeanor first offense charges, but those records are open for three years after successful completion of probation or Diversion.  So you effectively have to wait four years before you can petition for expungement.

Is a Prostitution-Related Charge Public Knowledge?

Interviewer: Would you say that you see many of these types of charges make it to the newspaper in your area or is that something that somebody would really have to research to see if you have any charges against you?

These Arrests Are Rarely Publicized in the Kansas City Area

Paul: At least here in the Kansas City metro area, I think someone would really need to go to some effort to find this out. The advantage in a larger metropolitan area is that simple misdemeanor non-violent arrests are really not newsworthy. In this area, we rarely see a list of people’s names who were arrested.

We might see in the paper a report that Overland Park Police operated a prostitution sting and made 36 arrests. But they typically won’t provide the names of the people that were arrested.

More Details of a Prostitution-Related Charge May Be Published in a Small Community Newspaper

Perhaps in certain communities, there may be a lot less news on a day-to-day basis and a lot more public curiosity, so maybe some of these things would be publicized in a smaller community, smaller municipality, but we certainly haven’t seen that here in Kansas City.

Will an Individual Have to Register as a Sex Offender if Convicted of a Prostitution-Related Charge?

Interviewer: If someone is convicted of these charges, and even if someone’s not going out to get their court record, do they have to register as a sex offender?

Paul: Well, again, we need to wait for the new version of the Offender Registration Act. Under the prior Offender Registration Act, you would not need to register unless the prosecutor could prove that the defendant intended to visit a prostitute under the age of 18.  In that case, the defendant would need to register as a sex offender.

Call today for an initial consultation to discuss your case: (913) 322-3265.  I represent clients accused of prostitution throughout the Kansas City Metro area including the municipalities of Johnson County, Kansas: De Soto, Gardner, Leawood, Lenexa, Merriam, Mission, Olathe, Overland Park, Prairie Village and Shawnee.