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Can Past Criminal Records Be Challenged in Current Kansas Legal Proceedings?

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What Does a Past Kansas Criminal Court Record Contain?

Kansas criminal court records provide official accounts of court proceedings in criminal prosecutions. They contain crucial information regarding the defendant, the offense, details of the legal processes, the court’s final verdict, and any reviews by the appellate court. Most records contain similar information, but depending on the jurisdiction, it may vary from case to case.

If you’re facing criminal charges and have a past criminal record, you may want to know how it might affect the current proceedings. It would be best to seek reputable legal services in Chicago for guidance. Legal experts can help you understand how previous records may affect your case and whether you can challenge them.

Can Past Criminal Record be Used Against Me?

Under the Federal Rules of Evidence, past convictions can only be used in a current criminal case if the conviction attracted a punishment of more than one year of imprisonment or death. Additionally, the value of the evidence should not result in an unfair advantage to the prosecution. This later inquiry is known as “whether the probative value is more than the prejudice” to the accused.

However, a past conviction may be admissible if it relates to dishonesty, such as a false statement or fraud. Criminal defense lawyers in Overland Park add that a past conviction can also not be used under federal rules if it happened more than ten years ago unless they are relevant and valuable.

Additionally, a conviction pardoned, expunged, or removed from the public record may be properly excluded from admissible records in an ongoing criminal case. If you have past criminal records that you fear could be used against you in court, consult skilled Overland Park criminal defense attorneys to evaluate if you can expunge them.

How Can I Challenge Past Criminal Records in Current Legal Proceeding?

When considering whether to allow your past convictions to be used as evidence against you, judges must decide whether the value of the conviction in helping the jury assess your truthfulness outweighs its potential for prejudice. Prior convictions carry the substantial possibility that the jury will presume your propensity to commit a crime or whether you’re a bad person.

Your criminal defense attorneys can challenge the admissibility of past criminal records based on the following factors:

  • The type of crime and whether it has any correlation to the current charges
  • If the conviction happened more than ten years ago
  • The crime doesn’t indicate untruthfulness on your part
  • Your age at the time of the conviction
  • How long you were imprisoned, if at all
  • Your conduct since the prior conviction could work in your favor if you can prove you’ve been on your best behavior
  • The importance of your testimony in the current case (you may refuse to testify if evidence of the past conviction will come in)

In most cases, judges consider evidence of past convictions for the same crime very prejudicial, and most courts won’t admit such evidence.

Can I Have My Past Criminal Records Expunged in Kansas?

One way to prevent your past criminal records from being used in a current criminal case is to have them expunged. Expungement means removing the record from your criminal record, meaning that no information related to the arrest or conviction may be disclosed unless under certain exceptions.

Arrest Records That Can Be Expunged

In Kansas, an arrest record can be removed from your criminal record if:

  • The arrest happened due to mistaken identity
  • The court determined that the police lacked probable cause for the arrest
  • You were not found guilty in the proceedings
  • The expungement is in the best interest of justice

The law imposes no time limit for deleting an arrest record.

Criminal Convictions That Can Be Expunged in Kansas

You can have your past criminal records expunged if the stipulated time since the conviction has elapsed and you’ve not been convicted of a felony in the past two years.

Minor offenses, traffic violations, and some felonies can be expunged three years after completing the sentence and paying all fines.

Juvenile adjudications can also be expunged if:

  • You have reached the age of 23, or it has been two years since you completed the sentence
  • There are no pending criminal cases since you completed the sentence
  • Your circumstances and behavior warrant expungement

However, the law doesn’t allow you to erase the following criminal convictions, whether they are adult or juvenile convictions:

  • Child abuse and endangering a child
  • Criminal sodomy
  • Sexual battery of an underage victim
  • Rape and involuntary manslaughter
  • Murder in the first or second degree
  • Capital murder
  • Indecent liberties with or solicitation of a child
  • Aggravated incest
  • Sexual exploitation of a child

Skilled criminal defense attorneys in Overland Park can provide legal guidance on deleting your past criminal records. Depending on the outcome of the expungement, you would significantly reduce the probability of your past criminal records being presented in court as evidence against you.

Challenging Past Criminal Records in Kansas Proceedings with the Help of Skilled Criminal Defense Lawyer

Past criminal records can damage your current criminal case, especially if the judge rules in favor of its admissibility. Luckily, skilled Overland Park criminal defense attorneys can challenge the records based on various factors. They can also help you have the records expunged to prevent them from being publicly accessible if they meet the expungement criteria.

Brands Law LLC provides legal services in Overland Park, and our lawyers can assist you. We know how overwhelming it can be to face criminal charges for a second or subsequent time. Our team can help you navigate the legal complexities to minimize stress and anxiety as we fight for the most favorable outcome. Call us at 913-514-0909 to schedule your strategy session.

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