By Amelia Arvesen
KU Statehouse Wire Service
TOPEKA — The Kansas House approved legislation Thursday that would allow people convicted of driving under the influence a chance to clear the DUI from court records five years after completion of a sentence.
The bill would allow felony DUI violators and test-refusal violators to petition a judge five years after initial conviction for expungement, or deletion of the public record.
Under current law, the waiting period for DUI cases handled in municipal court is 10 years and the waiting period for those cases in state court is seven years.
The reform measure was sent to the Senate on a vote of 70-53.
Rep. John Carmichael (D-Wichita) said the purpose of expungement is to encourage further good behavior and give people a second chance.
“If they abide by the law then it comes off their record for purpose of employment, for example,” Carmichael said. “It doesn’t come off their record if they should mess up again.”
Unwavering opposition came from Rep. John Rubin (R-Shawnee) who said shielding mistakes from prospective employers and the public sends the wrong message to drunk drivers.
“We should in no way ever be lessening the penalties for drunk driving or granting any leeway to drunk drivers clearing their records anymore than we already allow under the current statutes,” Rubin said.
Rep. Jack Thimesch (R-Cunningham), who introduced the bill, clarified the law would not change any statute on how the person is penalized.
The law would simply allow a person to petition for the removal. Law enforcement could still access previous violations should that person drive under the influence on multiple occasions.
Amelia Arvesen is a University of Kansas senior from San Ramon, Calif., majoring in journalism.