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When someone is arrested for impaired driving in Kansas, one of the most common concerns is whether the offense will appear on their criminal record. The short answer is yes — in Kansas, a DUI is not just a traffic ticket or administrative matter. It is classified as a criminal offense, and as such, it becomes a part of your permanent criminal history unless specific legal steps are taken to remove it.
A criminal record in Kansas is maintained by law enforcement and judicial databases and can be accessed in various situations — including job applications, background checks, professional licensing, and even housing screenings. For individuals trying to move forward after a DUI, understanding how the charge is recorded and how long it remains visible is key to managing future opportunities.
This post will explain in plain terms how a DUI is recorded on your criminal background in Kansas, what types of records are affected, how expungement works, and what limitations still remain even after time has passed. By the end, you’ll know exactly what it means when a DUI appears on your criminal record — and what you can or can’t do about it.
Kansas Classifies DUI as a Criminal Offense
Unlike minor traffic violations or administrative driving errors, a DUI in Kansas is legally defined as a criminal charge. This classification applies from the first offense and escalates with additional violations.
Here’s how Kansas typically classifies DUI charges:
- First DUI: Class B misdemeanor
- Second DUI: Class A misdemeanor
- Third DUI (and beyond): May be classified as a felony, especially if prior offenses exist within a lifetime look-back period
Once charged and convicted, the DUI becomes part of your criminal history. This means it is entered into the Kansas Bureau of Investigation’s records and may also be reported to national criminal databases used for background checks. The classification determines not only your court penalties but also how the offense is treated by employers, state agencies, and professional boards.
This criminal designation means that, in most cases, the DUI cannot simply be “paid off” and forgotten. It becomes part of your long-term legal identity unless steps are taken to have the record sealed or expunged, which we’ll explore later in this post.
Criminal Record vs Driving Record: Understanding the Difference
It’s important to understand that your criminal record and your driving record are two separate systems in Kansas, although both will reflect a DUI conviction.
- The criminal record is maintained by law enforcement and judicial entities and includes any misdemeanor or felony convictions.
- The driving record is maintained by the Kansas Department of Revenue’s Division of Vehicles and includes license status, suspensions, and points.
A DUI appears on both records, but only the criminal record is used in background checks for jobs, housing, and certain licenses. The driving record, on the other hand, is primarily referenced by insurance companies, the DMV, and employers in the transportation industry.
Even if you fulfill all the court-ordered requirements, your criminal record does not automatically clear with time. It will remain unless you actively apply for expungement and meet the eligibility criteria. This is why understanding the criminal implications of a DUI is essential for anyone with a conviction in Kansas.
How Long a DUI Remains on Your Criminal Record in Kansas
In Kansas, a DUI conviction will stay on your criminal record indefinitely unless it is legally expunged. There is no automatic expiration or removal process for criminal convictions in the state.
However, Kansas law does allow for expungement, which can make the record inaccessible to most employers and the general public. The eligibility timelines for DUI expungement are:
- First-time DUI conviction: Eligible for expungement five years after completing all sentence requirements (including probation and any court-ordered programs)
- Second-time DUI conviction: Eligible after ten years
- Felony DUI: May not be eligible for expungement, depending on circumstances
It’s important to note that expungement is not automatic — the person must petition the court and demonstrate that they’ve complied with all penalties and remained free of additional offenses during the waiting period. Until then, the conviction remains publicly visible on the individual’s criminal record.
Background Checks and DUI Records in Kansas
Because DUI convictions are part of a person’s criminal record, they can and often do appear during background checks. Employers, landlords, licensing boards, and other organizations frequently rely on background screening services that tap into public and court databases.
In Kansas, if a DUI has not been expunged, it will be visible on:
- Pre-employment screenings
- Professional licensing applications
- Housing or rental background checks
- Volunteer background clearances
Once a DUI is expunged, Kansas law generally allows the individual to legally deny the conviction in most contexts. However, certain exceptions apply — including applications for law enforcement, state licensing boards, or government security clearances, where full disclosure may still be required even after expungement.
This makes the expungement process an important step for anyone trying to reduce the long-term effects of a DUI conviction.
The Expungement Process for DUI Convictions in Kansas
Kansas offers an expungement process that allows certain individuals to have past DUI convictions sealed from public view. Expungement does not erase the conviction but restricts access to it in most standard background checks.
Here’s how the process works:
- Wait the required time after completing all court-ordered penalties:
- 5 years for a first-time DUI
- 10 years for a second offense
- File a petition in the district court where the conviction occurred
- Attend a hearing, where a judge will determine if the request is justified
- Demonstrate you have had no further legal trouble and have completed all obligations
If approved, the court will issue an order of expungement. While law enforcement and some government agencies may still see the conviction, most employers, landlords, and licensing bodies will not.
However, even with an expunged criminal record, your driving record in Kansas will still show the DUI, and insurance companies may continue to factor it into rate calculations.
Impact on Employment and Licensing in Kansas
A DUI on your criminal record can have real consequences for employment and professional licensing, especially if it is not expunged. Many Kansas employers include background checks as part of their hiring process, and a visible DUI can influence decisions — particularly for roles that involve:
- Driving or transportation
- Working with children or vulnerable populations
- Government or security clearance positions
- Licensed professions (e.g., teachers, nurses, contractors)
Some licensing boards in Kansas have specific policies regarding criminal records and may require you to disclose any prior convictions, including DUIs, even if they’ve been expunged. These requirements vary by profession and agency.
While not all employers will disqualify candidates solely based on a past DUI, having the conviction on your criminal record can still present obstacles. This is why many individuals choose to pursue expungement once they are eligible.
What a DUI Means for Your Future Criminal Record
Beyond employment and licensing, a DUI conviction on your Kansas criminal record can have other long-term implications. For example, if you are arrested for another offense in the future, prosecutors and judges will be able to see your prior DUI conviction and may factor it into sentencing or charging decisions.
Kansas uses a lifetime look-back period for DUI offenses. This means that even a DUI from 15 or 20 years ago can be counted as a prior conviction if a new offense occurs. While expungement can seal a record from public view, it does not prevent courts from considering it in legal proceedings.
For this reason, it’s important to treat a DUI conviction as a permanent criminal matter, regardless of whether you plan to pursue expungement. Understanding its ongoing presence in the criminal system helps individuals make informed choices and take steps to avoid repeat offenses.
FAQ: DUI Criminal Record in Kansas
Does a DUI show up on a criminal background check in Kansas?
Yes. A DUI conviction in Kansas appears on your criminal record and will be visible on most background checks unless it has been expunged by the court.
Can a DUI be removed from your criminal record?
Yes. Kansas law allows certain DUI convictions to be expunged after a waiting period. A first offense may be eligible after five years, and a second after ten years, if all court requirements are fulfilled and no new offenses occur.
Is a DUI considered a felony in Kansas?
Not always. A first or second DUI is usually a misdemeanor, but a third or subsequent offense can be charged as a felony, depending on prior history and case specifics.
How long does a DUI stay on your criminal record?
Indefinitely. Unless it is expunged, a DUI conviction will remain on your Kansas criminal record permanently.
Do I have to tell employers about a past DUI?
If the DUI has not been expunged, it may show up during background checks and may need to be disclosed. If expunged, Kansas law generally permits you to legally deny the conviction in most job applications.
Conclusion
In Kansas, a DUI is a criminal offense that becomes part of your permanent record unless expunged. It affects not only your legal status but also employment, licensing, and future legal outcomes. Understanding how a DUI impacts your criminal record is essential for anyone moving forward after a conviction.
To learn more about the broader consequences of DUI convictions, visit our DUI Records and Long Term Impact page. If you’re specifically wondering how long this stays on your record, check out our detailed post on How Long a DUI Stays on Your Record.