Charter Ordinance No. 175  


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  • A CHARTER ORDINANCE AMENDING SECTION 9 OF CHARTER ORDINANCE NO. 122 AND AMENDING CHARTER ORDINANCE NO. 122 BY THE ADDITION OF A SUPPLEMENTAL PROVISION RELATING TO THE SAME SUBJECT AND REPEALING THE ORIGINAL OF SECTION 9 OF CHARTER ORDINANCE NO. 122.

    BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS:

    SECTION 1. Amended and repealed by Charter Ordinance No. 204, § 1.

    SECTION 3. Section 13 of Charter Ordinance No, 175 is hereby amended to read as follows:

    "SECTION 13. Expungement of Arrest Records. (1). For purposes of this section, 'expungement' means the sealing of records such that they are unavailable except to the petitioner and criminal justice agencies as provided by K.S.A. 22-4701, et seq. and amendments thereto and except as provided in this section.

    (a) Any person who has been arrested on a violation of a violation of a city ordinance may petition the court for the expungement of such arrest record.

    (b) When a petition for expungement is filed, the court shall set a date for hearing on such petition and shall cause notice of such hearing to be given to the prosecuting attorney and the arresting law enforcement agency. The petition shall state:

    (1) The petitioner's full name;

    (2) the full name of the petitioner at the time of arrest, if different than the petitioner's current name;

    (3) the petitioner's sex, race, and date of birth;

    (4) the crime for which the petitioner was arrested;

    (5) the date of the petitioner's arrest, and

    (6) the identity of the arresting law enforcement agency.

    The municipal court may prescribe a fee to be charged as costs for a person petitioning for an order of expungement pursuant to this section.

    (c) At the hearing on a petition for expungement, the court shall order the arrest record and subsequent court proceedings, if any, expunged upon finding:

    (1) The arrest occurred because of mistaken identity;

    (2) a court has found that there was no probable cause for the arrest;

    (3) the petitioner was found not guilty in court proceedings; or

    (4) the expungement would be in the best interests of justice and

    (A) Charges have been dismissed; or

    (B) no charges have been or are likely to be filed.

    (d) When the court has ordered expungement of an arrest record and subsequent court proceedings, if any, the order shall state the information required to be stated in the petition and shall state the grounds for expungement under subsection (c). The clerk of the court shall send a certified copy of the order to the federal bureau of investigation, the Kansas bureau of investigation, the secretary of corrections, and any other criminal justice agency which may have a record of the arrest. If an order of expungement is entered, the petitioner shall be treated as not having been arrested.

    (e) If the ground for expungement is as provided in subsection (c)(4), the court shall determine whether, in the interest of public welfare, the records should be available for any of the following purposes:

    (1) in any application for licensure as a private detective, private detective agency, certification as a firearms trainer pursuant to K.S.A. 75-7b21 and amendments thereto; or employment as a private detective agency, as defined by K.S.A. 75-7b01 and amendments thereto; or with an institution as defined in K.S.A. 76-12a01 and amendments thereto of the department of social and rehabilitation services;

    (2) in any application for admission, or for an order of reinstatement to the practice of law in this state;

    (3) to aid in determining the petitioner's qualifications for employment with the Kansas lottery or for work in sensitive areas within the Kansas lottery as deemed appropriate by the executive director of the Kansas lottery;

    (4) to aid in determining the petitioner's qualifications for executive director with the Kansas racing and gaming commission, for employment with the commission or for work in sensitive areas in pari-mutuel racing as deemed appropriate by the executive director of the commission, to aid in determining qualifications for licensure or renewal of licensure by the commission;

    (5) in any application for a commercial driver's license under K.S.A. 8-2,125 through 8-2,142, and amendments thereto;

    (6) to aid in determining the petitioner's qualifications to be an employee of the state gaming agency;

    (7) to aid in determining the petitioner's qualifications to be an employee of a tribal gaming commission or to hold a license issued pursuant to a tribal-state gaming compact; or

    (8) to aid in determining the petitioner's qualifications for the following under the Kansas Expanded Lottery Act

    (9) for applications to carry concealed weapon;

    (10) in any other circumstances which the court deems appropriate.

    (f) Subject to the disclosures required pursuant to subsection (e), in any application for employment, license, or other civil right or privilege, or any appearance as a witness, a person whose arrest records have been expunged as provided in this section may state that such person has never been arrested.

    The court shall make all expunged records and related information in the court's possession, created prior to, on or after July 1, 2011 available to the Kansas Bureau of Investigation for the purposes of:

    (1) Completing a person's criminal history record information within the central repository in accordance with K.S.A. 22-4701, et seq. and amendments thereto; or

    (2) Providing information or documentation to the Federal Bureau of Investigation in connection with the national instant criminal background check system, to determine a person's qualifications to possess a firearm;

    (g) Whenever a petitioner's arrest records have been expunged as provided in this section, the custodian of the records of arrest, incarceration due to arrest or court proceedings related to the arrest, shall not disclose the arrest or any information related to the arrest, except as directed by the order of expungement or when requested by the person whose record was expunged." (Amended by Ch. Ord. 217)

    SECTION 3. The original of Section 9 of Charter Ordinance No. 122 is hereby repealed.

    SECTION 4. This ordinance shall be published once a week for two consecutive weeks in the official city news paper.

    SECTION 5. This is a Charter Ordinance and shall take effect sixty-one (61) days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5, Subdivision (c)(3) of the Constitution of the State of Kansas, in which case the ordinance shall become effective if approved by a majority of the elector voting thereon.

    PASSED BY THE GOVERNING BODY, not less than two-thirds of the members elect voting in favor thereof, this November 24, 1998.

    Bob Knight, Mayor

    ATTEST:

    Pat Burnett
    City Clerk

    Approved as to Form:

    Gary E. Rebenstorf
    Director of Law