Expungements

Overland Park Expungement Lawyer for Post-Conviction Legal Matters

After being convicted of a crime, there are three important issues that can impact your future –

• Requesting an appeal if you have been wrongfully convicted
• Having a conviction removed from your record through the expungement process
• Fighting a probation violation that was filed by the prosecution  

It’s important that you contact a qualified Overland Park criminal defense attorney for further guidance on how to proceed after a conviction.

Municipal Appeals

Cities have their own courts where municipal violations are heard. As a practical matter, this means that most misdemeanor cases are heard in city municipal courts while felony cases are heard in district courts.  In a municipal court you are entitled to have a trial, but you are not allowed to have a jury hear your case. If you disagree with the judge’s decision you have 14 days to file a notice of appeal. Once an appeal is filed the case starts over and proceeds as if the first trial did not happen. At the new trial, you will be able to have a jury hear the case in front of a different judge.

When you appeal a municipal court conviction in Kansas, you are asking a higher court to review the record of your trial or sentencing to see if the judge made any legal or procedural errors. An error could include improperly admitted evidence, misunderstanding the law, violating your constitutional rights, or imposing an illegal sentence under Kansas law. Municipal appeals have very tight deadlines. If you or your attorney misses a deadline to file an appeal, you can lose the right to appeal the conviction forever.

Appeals are different than trials. It is not an opportunity to present your side of the story or challenge the evidence. Instead, it requires a lawyer who knows how to review the record and find issues that are properly presented to the appellate court in a clear and persuasive manner. A successful appeal can result in a lesser sentence, a new trial, or even a dismissal. With the fate of the case often decided based on written briefs and legal arguments, the right attorney can make all the difference on appeal.

Expungements

In Kansas, your criminal record — arrest records, juvenile adjudications, and criminal convictions — can be expunged after certain requirements have been satisfied. Expungement removes the arrest or conviction from your criminal record (and prevents others from disclosing the protected information). Once the criminal record has been expunged, only you and certain government agencies will have access to the protected information.

An expungement is a court order that seals certain criminal records from public view. If successful, an expungement gives you the right, in most cases, to legally deny that you have been arrested or convicted of the expunged offense. For some individuals, the point is to move on with their lives without the burden of a criminal record. An expungement can make it easier to get a job, find housing, secure professional licenses, and ultimately prevent lifelong stigma.

But expungements are not absolute. Some government agencies and departments can still see sealed records. Law enforcement and various government licensing agencies have certain exceptions that allow them to access your record. Also, not all offenses are eligible for expungement. The process, qualifications, and waiting period can vary depending on the type of crime, your criminal history, and the amount of time that has passed since you completed your sentence or probation. Some offenses may be eligible in as little as a few years, while others may take longer.

In addition to filing a petition, the process may require notifying certain agencies, attending a hearing, and responding to the prosecutor’s objection. It is easy to make mistakes on the petition, forget to include documents, or miss deadlines. All of this can result in delay or denial of your petition. An Overland Park expungement lawyer can help by reviewing your eligibility, filing the proper paperwork, and protecting your rights during the expungement hearing. While the paperwork may seem simple, the goal is to achieve a clean slate that truly allows you to move forward.

Expungement does not happen automatically and requires that you petition the court. Petitions may be filed after a certain length of time passes. Generally, a juvenile must wait two years from the date the sentence is complete. While most adult convictions require a three-year waiting period. The presiding judge will then evaluate your background, the circumstances of the case, and whether expungement will serve the best interests of you and the community. The judge makes the final decision on whether to grant an expungement after conducting a full assessment.

Probation Violations

Criminal convictions often result in a person being sentenced to complete a probation. If the prosecutor or probation officer believes you have violated a condition of probation, they may file a motion to revoke it. All probations have underlying sentencing, which means if you are found to have violated your probation the judge can send you to jail or prison. You are entitled to have a hearing to contest the allegation that you violated probation. An attorney can help you contest the allegations or possibly enter into an agreement with the prosecutor to avoid the underlying jail or prison sentence.

Probation is often an alternative to jail or prison. It allows individuals to remain in their community, but with certain conditions, such as reporting to an officer, completing treatment, remaining drug-free, maintaining a job, or paying fines. If the court is notified or suspects one of the conditions of probation has been broken, a probation violation hearing may be scheduled. Any violation, even a “technical” one like missing an appointment, can result in jail time.

At the violation hearing, the court determines whether the violation occurred and, if so, what the consequences should be. Judges have considerable discretion in these matters and can revoke probation and impose the original sentence. Judges may also add new conditions, extend probation, or simply continue it. Given what is at stake, having an attorney to present evidence, cross-examine witnesses, negotiate with the prosecutor, and advocate for alternatives to jail, is critical.

In many cases, an attorney can address the issue before it reaches a violation hearing. With a solid understanding of the rules and consequences, a lawyer may be able to resolve misunderstandings, address compliance issues, and work to keep you out of jail. In that sense, protecting your probation is just as important to many clients as defending the original charge.

Contact an Experienced Overland Park Expungement Lawyer at Merrill Law Firm

It’s important that you get in touch with a qualified Johnson County criminal defense attorney to understand what options are available to you after being convicted of a crime.

I’m Jerry Merrill, a criminal defense attorney in Overland Park that can assist you with post-conviction issues, including municipal appeals, expungements, and probation violations. My extensive experience handling criminal cases as a former prosecutor, occasional judge, and as a defense attorney ensures that I am well positioned to argue on your behalf.

I know that success in criminal defense requires real trust and understanding in the attorney-client relationship. I am dedicated to my clients and committed to your case. I provide clients with my personal number and make myself available to answer calls and texts the same day.  I am also available on evenings and weekends, as necessary.

Call (913) 815-0705 for a free consultation.