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When you face felony charges or carry a conviction, you know how hard the world can be. Your career, your social life, even your ability to vote—at every turn, you can lose opportunities.
The good news is that as society gradually changes, the laws are changing as well. Jobseekers with felony convictions now have legal protections in many businesses and parts of the US. College education doesn’t have to be out of reach. Even careers in law or medicine can still be on the table, depending on the state you live in and your circumstances.
What are your options in Kansas and Missouri? How do you handle felony charges with an eye toward the best possible future?
Diversion Programs
If you currently face felony charges, you may qualify for diversion programs through the prosecuting attorney’s office, particularly if you have a clean record otherwise.
A defendant who qualifies for diversion in Kansas has to make an agreement with the prosecutor to meet certain obligations, such as counseling, community service, and regular drug testing. If the defendant follows through with their side of the agreement, the state will dismiss the charge.
Missouri prosecutors also have authority to divert many cases. The diversion program may be called a court, such as Adult Drug Court, Mental Health Court, or Veterans’ Court.
Prosecutors may agree to diversion for many low-level felony offenses, particularly:
- DUIs
- Drug offenses
- Domestic violence
Before allowing a diversion, the prosecutor must consider your personal history, including any criminal record and the nature of the felony charge. Many charges cannot qualify—for example, a DUI defendant cannot receive a diversion if the charging incident involved injury or death. The diversion may remain visible on your record, and although it is far preferable to a felony conviction, it may still raise issues.
Expungement
Expungement refers to sealing or erasing a conviction. Each state has different laws regarding expungement or other types of clearance for criminal records. Generally speaking, convictions for severe offenses—such as murder and sex crimes—can never be expunged. Nonetheless, Kansas and Missouri both offer felony expungement options.
In Kansas, expungement law has a long list of requirements and excluded offenses. (See K.S.A. § 22-6614 for details.) You must wait three to five years after completing your sentence, depending on the nature of the offense. You cannot have pending felony charges or any convictions within the past two years. Even so, Kansas expungement law has a slightly broader range than Missouri’s law.
Missouri law forbids expungement for many felonies, including:
- Class A felonies (those that carry sentences of 10 to 30 years)
- Any felony involving a death
- Any felony requiring registration as a sex offender
- “Dangerous felonies,” a defined list including many violent offenses and/or conspiracy to commit them
- Intoxication-related traffic offenses (as well as intoxicated operation of a boat or an aircraft)
See RSMo § 610.140. Missouri allows an individual to expunge only a single felony offense.
After expungement, the conviction will no longer appear on background checks. You may not even have to disclose it to anyone who asks. However, this will depend on who is inquiring and why. You must still disclose it at some points, such as on sensitive job applications and some applications for professional licenses.
Higher Education and Professional Licensing
Not every school will ask about a criminal background. According to the National Conference of State Legislatures, only 55% of public universities and 40% of community colleges asked applicants about criminal records. The Common Application, which serves 900 schools, does not ask the question. However, 81% of private colleges asked, and the answer can negatively affect admissions.
Graduate programs may ask their applicants because certain professional licenses will be difficult to secure with a felony conviction. This is especially true for careers in medicine, law, child care, and other positions of public trust. However, such careers may still be within reach, depending on the offense, your circumstances, and the state you live in.
In general, you must be honest and show that you are now the kind of applicant the profession needs. You should present evidence such as:
- Character references, especially from members of the profession or prominent community members
- Demonstrations of personal growth and changed circumstance, particularly if the felony was long ago
- Completed drug/alcohol rehabilitation programs, if applicable
- Work or volunteer service to your community
Licensing in the trades can be more open, depending again on where you live and what you intend to do. For example, DUIs or felonies involving a vehicle can disqualify an applicant for a commercial driver’s license (CDL) for several years or for good.
Nonetheless, Kansas law holds that, in general, “[a felony] conviction shall not operate as a bar to licensure, certification or registration.” See K.S.A. § 74-120. Missouri law provides that a conviction should not be a bar “unless [it] directly relates to the duties and responsibilities for the licensed occupation as set forth in this section or is violent or sexual in nature.” See RSMo § 324.012.
Let Us Help
Whether you are just now facing charges or have already completed your sentence, we can work with you to navigate your future. Regulations around diversion and expungement can be complex, and you need experienced and compassionate help. Call us at 913-514-0909 to schedule your first appointment in our Kansas or Missouri offices.
