Expungement statutes change over time. While one day you could expunge a case, a few years later the legislature doesn’t like the fact that you want to move forward with a clean slate so takes away that right with a new law. It’s happened with sex, DUI, and drug offenses, as well as a few semi-violent crimes. Typically, when a person talks to lawyers about expungement under these circumstances, the lawyer will tell them to go away. But that’s not wise.
Simply put, there’s always been an argument that changing the law after a person is sentenced and holding him accountable to the change is illegal, ex post facto legislation. No we have a case that may not address the ex post facto argument, but does state clearly that unless the statute says it’s retroactive, the old expungement law will apply. See State v. Jaben, No. 102,383 (Kan. S. Ct. June 1, 2012). So, unless the lawyer knows what the old law said along with the new one, hire another lawyer.
If you have any criminal, domestic, traffic, estate planning, or business law questions (as well as other legal quandaries), call 866-4-ACELAW.