Kansas diversion laws.
Aug 1, 2025 · Diversion Notice Pursuant to K.
Kansas diversion laws Mar 11, 2025 · Read about Kansas' definition of "driving under the influence" (DUI), and the penalties you'll face, including jail time, fines, and license suspension. Here is a handy flow chart that you can download that shows the steps for expungement. A DUI occurs when a motorist operates a vehicle while under the influence of intoxicating substances. Adult Diversion Procedure Adult Diversion Term CRIMINAL/MAJOR TRAFFIC DIVERSION PROGRAM The Diversion program is intended to give a “second chance” to offenders who commit a relatively minor criminal offense. Diversion is a contract between you and the DA. The outcome of a DUI charge will depend largely on whether the alleged offense occurred prior to revisions in the DUI laws. § 21-6614(3). Driving under the influence; penalties; disposition of moneys from fines and penalties. Change Applications: Apply to change the place of use, point of diversion or use made of water on an existing water right. In this agreement, a defendant stipulates (in effect, admits) to the charge and agrees to certain conditions in exchange for not going to trial and possibly being convicted. This comprehensive guide explores recent trends in water rights management, disputes among users, and the significance of maintaining sustainable practices DIVERSION PROGRAM - DRIVING UNDER THE INFLUENCE Pursuant to K. 8-1013 (f) (1), and amendments thereto In Kansas, someone charged with a crime can enter into a diversion agreement rather than go to trial. Kansas has special BAC rules for drivers under the legal drinking age and for commercial drivers. Jan 13, 2025 · (c) A county or district attorney may enter into a diversion agreement in lieu of further criminal proceedings on a complaint for violations of article 10 of chapter 32 of the Kansas Statutes Annotated, and amendments thereto, if such diversion carries the same penalties as the conviction for the corresponding violations. 22-2906 et seq. Diversion agreements authorized; policies and guidelines by district attorney; background information; right to counsel; supervision of persons subject to a diversion agreement by court services or community corrections subject to a memorandum of understanding. Jan 13, 2025 · 2025. Feb 7, 2025 · In Kansas, traffic diversion programs allow drivers to keep a speeding ticket off their record by completing specific requirements, such as attending a traffic safety course or paying a fee. Jan 1, 2025 · Discover the complexities of water rights in Kansas, including the legal framework and ownership rules. This law is designed to protect both the people's right to use Kansas water and the state's supplies of water for the future. you are here: Home » Statute » Chapter 21 » Article 66 » Section 14 » Nov 8, 2023 · Are you facing Kansas DUI charges as a first-time offender? You could enroll in the DUI diversion program to have the charges dropped. Burke W. Most notably are the prohibition from entering into a Diversion Agreement, Lifetime suspensions for a second time DUI or breathe test failure or refusal, and the Jan 1, 2025 · Juvenile Diversion Policy (UPDATED JANUARY 1, 2025) Pursuant to K. Learn the various terminology used to describe the offense in Kansas as well as the states DUI laws, the penalties of the crime, the process of resolving a DUI charge and the consequent implications for an offender in Kansas. (a) (1) Except as provided in subsections (b), (c), (d), (e) and (f), any person who has been convicted of a violation of a city ordinance of this state may petition the convicting court for the expungement of such conviction and related arrest records if three or more years have elapsed since the person: (A The Kansas Offender Registration Act requires people convicted of certain sex, violent and drug offenses to register with law enforcement. Adult Diversion Eligibility Policy pt 1 Adult Diversion Eligibility Policy pt 2 Ineligibility Criteria Adult Diversion Ineligibility Adult Diversion Procedure, Term, and Effect. 12-4516. About Shawnee County is the third largest county in the State of Kansas and is the home of the capital city, Topeka. A. Nov 13, 2025 · (2) A person whose arrest record, conviction or diversion of a crime that resulted in such person being prohibited by state or federal law from possessing a firearm has been expunged under this statute shall be deemed to have had such person's right to keep and bear arms fully restored. K. Powered by KLISS. The current laws in Kansas regarding juvenile delinquency fall under the Kansas Juvenile Justice Code, established in 1996. Jan 9, 2025 · Explore the Kansas Diversion Program’s eligibility and requirements, offering a pathway to resolve certain charges through compliance and completion. PETITION FOR WRIT OF MANDAMUS Petitioners Kansas Crossroads Foundation ("KCF") and Karena Wilson hereby respectfully seek a Writ of Mandamus requiring Respondent Larry Markle, County Attorney for Montgomery County, Kansas to (1) create written diversion policies and guidelines that fully and accurately describe the county's entire diversion program, particularly all eligible charges and In 1978, the Kansas Legislature made diversion available as an alternative to institutionalization. 1. Adjourned until Monday, January 11, 2021 at 02:00 p. A respondent is eligible to participate in the attorney diversion program if participation reasonably can be expected to cure, treat, educate, or alter the respondent’s behavior. By the standard of legislative testimony, it is painfully long; by the standards of a legal treatise, it is you are here: Home » Statute » Chapter 21 » Article 57 » Section 5 » In Kansas, the ignition interlock providers have made sure that they get paid. "Kansas Sunshine Law: How Bright Does It Shine Now? The Kansas Open Meetings and Open Records Acts," Theresa "Terry" Marcel, 72 J. 301 Moved Permanently301 Moved Permanently nginx State Laws and Published Ordinances – Kansas Current through acts received as of July 1st from the 2019-2020 Legislative Session. You may be eligible to participate in the Diversion Program. The attorney diversion program is an alternative to a traditional disciplinary board proceeding. In judicial districts where the district court adopts such rules for diversion Feb 10, 2022 · The Attorney General, a county attorney or a district attorney is required to forward to the KBI a copy of the diversion agreement. Law Review and Bar Journal References: "Kansas Diversion: Defendant's Remedies and Prosecutorial Opportunities," Joseph Brian Cox, 20 W. Codes and Statutes Kansas Code 2009 Kansas Code Chapter 21 CRIMES AND PUNISHMENTS Article 46 SENTENCING 21-4619. Sep 24, 2019 · 22-2907. 17 Jan 11, 2021 · Adjourned until Monday, January 11, 2021 at 02:00 p. Even if your first offense resulted in a diversion agreement, it will count against you. Arrest for violating condition of probation, assignment to community corrections, suspension of sentence or nonprison sanction, procedure; time limitation on issuing warrant; limitations on serving sentence in department of corrections' facility or serving period of postrelease supervision, exceptions. Generally, a person is eligible to receive a traffic diversion if they have no previous traffic citations, convictions, or diversions for a moving violation within the last year, no more than 3 moving violations in the last 3 years, and no previous DUI citations, convictions Do you qualify for a Kansas City DUI Diversion? Attorneys from the Benjamin Law Firm, LLC can answer this and more. Expungement of certain convictions, arrest records and diversion agreements. (a) (1) Except as provided in subsections (b), (c), (d), (e) and (f), any person convicted in this state of a traffic infraction, cigarette or tobacco infraction, misdemeanor or a class D or E felony, or for crimes committed on or after July 1 Any DUI conviction or diversion on or after July 1, 2001 will be counted. There is no guarantee Diversion will be granted in any given case. It is not required that an applicant have an attorney for the purpose Sep 24, 2019 · Municipal court diversion, see 12-4412 et seq. A Kansas DUI is the crime of drunken or drugged driving. No. Jun 8, 2018 · Summary On June 8, 2018, the ACLU of Kansas filed suit against Montgomery County Attorney Larry Markle on behalf of Kansas Crossroads Foundation and Karena Wilson for his failure to fulfill his legal duty to implement diversion programs in accordance with Kansas law. If the terms of Diversion are fulfilled, the DA will dismiss the charges The diversion program is intended to give a "second chance" to offenders who commit a relatively minor criminal offense. This Q&A addresses employers' obligations when conducting criminal and non-criminal background checks and penalties for violating these 22-3716. DUI Diversion Forms DUI Pretrial Diversion Monthly Report Form Traffic Diversion Traffic diversion enables qualified adults to avoid a conviction while being held accountable for their violation of traffic laws through payment of costs, fines, and education programs if warranted. Kansas is one state known for its strict DUI laws. (b) Eligibility. The Kansas Division of Vehicles may suspend a driver’s license for a variety of reasons including failure to provide proof of insurance, driving under the influence or unpaid fines. All authority for diversion lies with the District Attorney. Learn how Johnson County defense attorneys protect your CDL and help you save your driving career. View this webinar that tells you all you need to know about Expungement in Kansas. Sep 24, 2019 · 22-2912. Feb 4, 2021 · In Kansas, the drunk driving laws make it illegal to drive while under the influence of alcohol and/or drugs. A second or subsequent DUI takes 10 years to get expunged. Kansas Expungement Guide: What Records Can Be Expunged and How to File GO HERE TO CHECK IF AN EXPUNGEMENT CLINIC IS AVAILABLE IN YOUR AREA IN 2025. 22-2906 through 22-2911, inapplicable; factors. The current Kansas drug sentencing grid is depicted below and as you can see the punishment ranges from the old level four are the exact same for the new level five. Law U. Law Review and Bar Journal References: "Kansas Diversion: Will Courts Become More Involved?" Michael Kaye, 56 J. § 22-2907 et seq. Upon entering into a Diversion, the court proceeding will be stayed. For those facing DUI charges, this article also outlines the possible penalties one may face you are here: Home » Statute » Chapter 8 » Article 15 » Section 67 » Before proceeding to registration screen, please read the Adult Diversion Eligibility and Ineligibility Policies. A diversion is an agreement between the County Attorney and the defendant whereby the Prosecutor agrees to stay prosecution of the criminal charge for a period of time. In 1995 the Kansas State Board of Agriculture became the Kansas Department of Agriculture. 1999-34. Learn about the impact of medical and recreational marijuana legalization on the state economy and find out more about the history of Kansas cannabis legislation. 08 or greater is prima facie evidence that under the influence to the degree that renders a person incapable of safely driving. Persons charged with Refusal to Submit to Test to Determine Presence of Alcohol or Drugs (no prior DUI Mar 9, 2025 · Understand Kansas DUI laws, penalties, and license suspension rules, including legal classifications, testing refusal consequences, and ignition interlock requirements. E. Stat. What are the key provisions of Kansas’s Water Rights Act? The key provisions of Kansas’s Water Rights Act include a comprehensive system for managing and allocating water resources, the establishment of water rights based on the principle of “first in time, first in right,” and the requirement for permits to be issued for any diversion or use of water. These guidelines are effective for any cases pending or offenses committed on or after January 1, 2025. Ann. 20-342 for the administration of diversion procedures by the district court. 22-2907, the Franklin County Attorney has established the following written policies and guidelines for the implementation of an adult diversion program. In addition to drunk driving defense, Kansas City attorney Brian Leininger also defends clients facing vehicular manslaughter, driver's license suspension, and other DUI and criminal related offenses. B. 1, 8 (1986). Expungement of certain convictions, arrest records and diversion agreements; procedure; restoration of person's right to keep and bear arms. 2024 Kansas Statutes Chapter 22 - Criminal Procedure Article 29 - Procedure After Arrest 22-2908 Grant of diversion; factors to consider; when prohibited. These forms cannot be sold, republished, or otherwise transferred from one person to another for compensation or other value without the Kansas Judicial Council’s express permission. A diversion is an agreement, authorized under Kansas law, between the Jefferson County Attorney and the Defendant, where by the State of Kansas agrees to stay or defer prosecution of a criminal case for a certain amount of time called the diversion period or term. 2021 Kansas Statutes Chapter 22 - Criminal Procedure Article 29 - Procedure After Arrest 22-2908 Grant of diversion; factors to consider; when prohibited. Understand the importance of beneficial use, the process for acquiring water rights, and the challenges faced in water management. Upon the successful completion of the program, charges are dismissed. Commercial driver's licenses; diversion agreements or masking of imposition of judgement not allowed. Please be advised that Law Review and Bar Journal References: "Kansas Diversion: Defendant's Remedies and Prosecutorial Opportunities," Joseph Brian Cox, 20 W. A federal law passed several years ago, and forced upon the states, requires that states prohibit CDL holders from “masking” any convictions for traffic offenses. Jan 1, 2025 · Adult Diversion Policy (UPDATED JANUARY 1, 2025) Pursuant to K. Effective 4-17-03 there are New CDL laws affecting CDL Drivers licensed in the state of Kansas. Facing a DUI/DWI charge in Kansas City? You could be eligible for diversion. L. S. Learn more. (B) "conviction" includes being convicted of a violation of a law of another state, or an ordinance of any city, or resolution of any county, which prohibits the acts that this section prohibits or entering into a diversion or deferred judgment agreement in lieu of further criminal proceedings in a case alleging a violation of such law May 12, 2025 · Kan. Call us for a consultation. The Kansas legislature has adopted a new 5 row drug sentencing grid, but the punishment levels for simple possession remain the same with a 42 month maximum sentence. List of Approved Evaluation Providers (PDF) The evaluation report must be provided to the court. Rendered: 2025-11-18T06:56:57. Traffic speeding infractions; county diversion program; procedures; fees in excess of actual costs and/or donations to charity. K. m. Devinney of the 13th Judicial District of Kansas has established a pretrial diversion program for qualified defendants charged with certain misdemeanor criminal and traffic offenses. 41-102, and amendments thereto, or any cereal malt beverage, as defined by K. 97-34. DUI Diversion Jan 1, 2025 · The County Attorney will consider a number of factors in determining whether or not diversion is appropriate. Nov 19, 2020 · Learn about the DUI penalties & laws for a Kansas DUI to understand why working with a tenacious DUI attorney is important. 10. This code emphasizes a balanced approach to juvenile justice, focusing on both accountability and rehabilitation for youthful offenders. The law is administered by the Division of Water Resources (DWR) within the Kansas Department of Agriculture. Head Rev No: 1485840 (I) 12-4516. The Kansas Water Appropriation Act is the principal law under which water in Kansas is administered. Kansas DUI lawyer Jay Norton discusses the ignition interlock device in Kansas DUI cases, including how they work, what they cost and where to get one. There are several major changes in the new law that will affect the CDL driver. ” § 22-2907(a). The Kansas Department of Revenue goes back lifetime on the administrative driver's license actions. and Catherine T. This article will break down these terms and explain what is required to be convicted of DUI in Kansas. Steve Schanker, Attorney at Law has more than two decades of experience - schedule your free consultation. The law is administered by the Kansas Department of Agriculture's Division of Water Resources, which issues permits to appropriate water, regulates usage, and keeps records of all water rights in the state. 21-6614. If a defendant fulfills all the terms and conditions set for in a diversion agreement, all charges against him or her will be dismissed. 8-1599. A defendant can be diverted at any time after charging and prior to conviction. They have a very strong lobby and they convinced the legislature that expansion of ignition interlock requirements into the law would greatly benefit the driving public. . 12-4516 municipal courts and expungement of certain convictions, arrest records and diversion agreements. A respondent is ineligible to participate in the program if the misconduct involved New Applications: Apply for a new permit, file a notice of completion of diversion works, or file for an extension of time to complete. Discover Kansas DUI penalties for commercial drivers. Law enforcement plays a crucial role in addressing prescription drug abuse and diversion in Kansas by enforcing laws related to controlled substances and investigating cases of illegal distribution or misuse of prescription drugs. DIVERSION ELIGIBILITY Kansas law directs that the County Attorney consider the factors within K. It is also illegal to drive with a blood alcohol concentration of over the legal limit. Kansas Law requires that every person convicted of a DUI participate in an alcohol and drug evaluation conducted by an approved provider. , the Shawnee County District Attorney's Office (DA) has established a Diversion Program. These forms are copyrighted by the Kansas Judicial Council and are provided free of charge. (a) A driver or a holder of a commercial driver's license may not enter into a diversion agreement in lieu of further criminal proceedings that would prevent such person's conviction for any violation, in any type of motor vehicle, of a state or local traffic control law, except a New Law on Expungement of a Kansas DUI The Kansas Legislature made some changes to the law regarding if and when a Kansas DUI diversion or conviction can be expunged, Beginning July 1, 2015, a first-time DUI can be expunged 5 years after the diversion, sentence or probation was completed. 41-2701 Justia U. The Act also includes This booklet was prepared by Kansas Legal Services, Inc. Transportation of liquor in opened containers unlawful; exceptions; penalty; report of prior convictions; city or county not prohibited from enacting comparable ordinance or resolution, requirements. , No. Feb 23, 2025 · Learn how Kansas law defines the misuse of public funds, the legal consequences, and how authorities investigate and enforce financial accountability. A Kansas City DUI lawyer from the firm can assist you. Griggs Associate Professor, Washburn University School of Law burke. 8-1567 et. Sep 24, 2019 · 22-2908. (a) At any time during probation, assignment to a community correctional services Diversion refers defendants in criminal cases to a supervised performance program before adjudication. Diversion Under Kan. Please refer to the Kansas statutes for this complete law. We are going to answer different questions regarding Kansas DUI laws that will In Missouri, “SIS” (Suspended Imposition of Sentence) may be the same as a Kansas Diversion, but, it is advisable to call the KSBN legal department prior to submitting your application to discuss whether your “SIS” was a “conviction” or a “diversion”. (a) After a complaint has been filed charging a defendant with commission of a crime and prior to conviction thereof, and 8-1567. seq. Find out about local attractions, institutions and more. 38-2346, the Franklin County Attorney has established a Juvenile Diversion Program. MacArthur Foundation Jun 23, 2025 · Kansas recently revised its DUI laws, changing the structure of penalties and administrative actions. edu Testimony before the Joint Interim Committee on Natural Resources 2017. , diversion may be agreed to by the prosecutor if the prosecutor determines, after considering a series of factors, that “diversion of the defendant would be in the interests of justice and of benefit to the defendant and the community. (a) Description. Different states have their DUI laws, which vary slightly from one to another. Jan 30, 2021 · DUI (Driving Under the Influence) means operating a car or any other automobile under the influence of alcohol or other types of drugs, rendering you unable to operate the vehicle safely. Initially, the defendant must Traffic Diversion is an opportunity to have your citation dismissed if you comply with the terms of your Diversion. "Practical use of Criminal History Information by Kansas Employers," Brent N Depending on the crime and circumstances of the crime state and federal laws may still prohibit the possession and/or purchase of a firearm even though the case has been expunged. Diversion Program About Diversions The County Attorney Darrin C. Grant of diversion; factors to consider; when prohibited. Below is a listing of the many laws and delegated responsibilities conferred on the Division of Water Resources and the chief engineer thereof, and associated regulations. Sep 21, 2021 · The DUI diversion program in Kansas reduces the impact of the consequences & help ensure mistakes on the roads don't impact you too severely. Background Check Laws: Kansas David M. Oct 15, 2025 · Diversion is a privilege and not a right. Diversion of prosecution is a privilege and NOT A RIGHT. 22-2908 and then analyze if a diversion would be in the interests of justice and of benefit to the defendant and the community. Alcohol Violations and DUI Learn the facts about violating alcohol laws and DUIs Following too Closely Kansas law requires drivers to follow other vehicles at a reasonable and prudent distance, taking into consideration the speed of the vehicles and condition of the roadway. 344 (1981). No presumption in favor of diversion exists in any case, and the burden of persuasion rests with the applicant to establish that a diversion agreement will best serve the ends of justice, the interests of the community, public safety and the rights of the victims. A juvenile will be notified that a diversion program exists by way of printing notice of such on his/her juvenile complaint. Diversion is a privilege and not a right. Sep 24, 2019 · The diversion agreement shall include specifically the waiver of all rights under the law or the constitution of Kansas or of the United States to a speedy arraignment, preliminary examinations and hearings, and a speedy trial, and in the case of diversion under subsection (c) waiver of the rights to counsel and trial by jury. (a) Driving under the influence is operating or attempting to operate any vehicle within this state while: (1) The alcohol concentration in the person's blood or breath as shown by any competent evidence, including other competent evidence, as defined in K. 31 I have prepared this outline of Kansas water law for the benefit of the Interim Committee on Natural Resources. (a) In determining whether diversion of a defendant is in the interests of justice and of benefit to the defendant and the community, the county or district attorney shall consider at least the following factors among all factors considered: (1) The nature of the crime charged and the circumstances surrounding it; (2) any The diversion agreement shall include specifically the waiver of all rights under the law or the constitution of Kansas or of the United States to a speedy arraignment, preliminary examinations and hearings, and a speedy trial, and in the case of diversion under subsection (c) waiver of the rights to counsel and trial by jury. However, Kansas law defines "under the influence" and "driving" in ways that differ from many other states. There is no presumption in favor of diversion in any case Get up to date information on current Kansas cannabis laws. Under the diversion statute, each district and county attorney must promulgate written policies and guidelines for a diversion program and must inform each defendant of its availability. The Kansas Legislature passed some major revisions to the DUI laws that went into effect in July, 2012. Understand the new legal framework for drivers. Oct 27, 2022 · Like all states, Kansas prohibits driving while under the influence of drugs and alcohol. STATUTORY PRESUMPTIONS: Breath test of . If you have been charged with a traffic infraction, you may be eligible to participate in the Traffic Diversion Program only if: You have not had a conviction for a moving violation; amendment from a moving to a non-moving violation, or participated in a traffic diversion for a moving violation in this or any other state or municipality within the last six months from the date of issuance of 7 steps to the Kansas DUI diversion program along with important information you need to know before agreeing to the terms. Learn more about Shawnee County in the Visitor’s Center. the District Attorney of the Eighteenth Judicial District of Kansas has established a diversion program for traffic offenders charged with DUI (Driving Under the Influence) pursuant to K. No felony offenses will be considered for a diversion. 16 In municipal court, the city attorney has the duty to submit a copy of diversion agreements to the KBI. griggs@washburn. District court rules for diversion procedures; K. The division also coordinates administrative hearings for chemical test failures and test refusals, and manages proof of insurance requirements for drivers. Kansas Statutes Annotated ChaptersThese statutes include amendments and new laws enacted during the 2024 legislative session and 2024 Special session. , in cooperation with Sedgwick County Department of Corrections, with funds provided by the Center for Children’s Law and Policy and the DMC / Juvenile Justice Action Network: An initiative supported by the John D. You can search The Kansas Bureau of Investigation (KBI) records to find registered offenders. Aug 1, 2025 · Diversion Notice Pursuant to K. J. Attorney General's Opinions: Disqualification for admission to Kansas Law Enforcement Center. 97-70. DUI lawyer Jay Norton discusses diversion of Kansas DUI charges, what disqualifies you from getting diversion, what the program requires and the dismissal of the DUI charge if diversion is successfully completed. 344, 362 (1981). Kansas’s Juvenile Diversion Programs comply with federal laws and guidelines, such as the Juvenile Justice and Delinquency Prevention Act, by implementing diversionary options for juveniles who have committed minor offenses. Attorney General's Opinions: County "pay and dismiss" policies for speeding violations are diversion and payments are fees; disposition of fees. 5, 28 (2003). The provisions of this act shall not be applicable in judicial districts that adopt district court rules pursuant to K. Available Help You may be able to get FREE help from a Kansas Legal Services These forms are for non-commercial use only. The Leininger Law Offices provide Kansas DUI defense representation to clients in Kansas City, Overland Park, and Johnson, Douglas, Wyandotte, Leavenworth and Miami Counties. The law further requires the person to follow any recommendations made by the provider after the evaluation. Kight, Spencer Fane Britt & Browne LLP, with Practical Law Labor & Employment A Q&A guide to background check and employment reference law for private employers in Kansas. A DUI diversion counts as a conviction in Kansas, so you would think that a diversion for a Kansas DUI would not run afoul of this federal law. (a) As used in this section, "alcoholic beverage" means any alcoholic liquor, as defined by K. The Jefferson County Attorney of the Second Judicial District of Kansas has established the following guidelines for the Diversion Program. (a) (1) Except as provided in subsection (b), (c) and (d), any person who has been convicted of a violation of a city ordinance of this state may petition the convicting court for the expungement of such conviction and related arrest records if three or more years have elapsed since the person: (A) Satisfied 8-2,150. xdpxzqovsjrqpfxqarqutcmmkxluubynbbfswptmuvtutueccqpmaipczzbngpppgwmptpwpo