While it may seem unfair, the mere fact of having been arrested for a DUI can negatively affect your future—even if you are never convicted or charged. This is because police incident reports are public records that anyone can view.
Though usually more complicated than an internet search, a determined detective can find the records easily. Some choose not to worry about arrest records, but for others, it is important to have them cleared, if possible. Fortunately, if certain criteria are met, DUI arrest records in Manhattan can often be cleared. Call our office to discuss this matter further with a knowledgeable DUI attorney.
Under Kansas Statutes § 45-201 et. seq., all public records, except those subject to exceptions, can be inspected by anyone upon request. Kan. Stat. § 45-221 excludes criminal investigation records, but this exception does not cover police incident reports of arrest information and details. As such, anyone in Manhattan can request records of DUI arrests by visiting the Riley County Police Department in person or by mailing a request, including a five-dollar fee per report requested.
These records, or at least the information contained in them, can also be found through public records search websites, many of which charge a fee per use. Because of the stigma attached to arrest (particularly arrest for DUI), a bad actor could attempt to make nefarious use of the information. A zealous hiring officer could also make an adverse decision based on the information. Clearly, when possible, it is best to have the records cleared.
Expungement is the process by which records of arrests or convictions are removed from a person’s record. To expunge arrest records of a Manhattan DUI, an individual must petition the court pursuant to Kan. Stat. § 22-2410. The arrest will be expunged when one of the following conditions exists:
The arrest was the result of mistaken identity
Court proceedings resulted in a not-guilty verdict
The court has found there was no probable cause for the arrest
The interests of justice would be served by expungement, and the charges have been dismissed, or there have been no charges filed, and none are likely to be filed
Though the record itself is retained, expungement clears it from public view. Additionally, the custodian of records cannot disclose information related to the arrest unless directed by the order of expungement or requested by the party whose record was expunged.
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DUI Diversion
Another way someone can expunge DUI arrest records from Manhattan is through the Riley County Diversion program. Diversion is an agreement between the defendant and the State of Kansas, wherein the defendant agrees to complete certain steps, often including drug or alcohol counseling, abstinence from drugs and alcohol, and community service. The defendant can get their charges dismissed once they complete the program, and they may be able to have their arrest record expunged as part of the process. Importantly, diversion is only available once—a previous DUI conviction or diversion makes a defendant ineligible.
Speak with a Manhattan Attorney About Arrest Records for DUIs
Arrest is a stressful event that happens to many people for many different reasons. An arrest alone should not be allowed to hurt your future. If you were arrested for a DUI but not convicted, you can likely have your DUI arrest records in Manhattan cleared from public view.
Our criminal defense attorneys are familiar with the process and landscape and, if the necessary criteria are met, can help get your records expunged. Call (785) 645-2732 today for a consultation.
