Criminal - Protect Your Rights Before it's Too Late
Whether you are arrested for drunk driving, drug possession, theft, or other minor felony offenses, your words and actions from the moment of the arrest are critical. Call an attorney as soon as possible. If you are questioned, arrested, charged, or subpoenaed in connection with a crime:
Criminal Defense Representation In Kansas And Missouri
When you contact the Law Office of Tracey D. Johnson, LLC, you will meet with me personally.
After listening to your situation and the facts of your case, I will give you an honest assessment of your position, and together, we will decide how to fight the charges and obtain the best possible outcome for you. The handle felony and misdemeanor cases involving charges such as:
- DWI / DUI (Driving while intoxicated / Driving Under the Influence- drunk driving charges
- Serious traffic offenses
- Theft, Burglary, Shoplifting, Forgery
- Violent Crimes - including assault, battery, domestic violence, kidnapping, robbery,
- Drug Crimes - possession, distribution, or trafficking of drugs, including marijuana, crystal meth, heroin, cocaine, and other controlled substances; meth labs
- Juvenile Offenses - representing the rights of minors in juvenile court
We are experienced in defending clients in minor felony and misdemeanor cases, as well as, in expunging prior convictions. We have defended Kansas and Missouri residents against all types of charges, from traffic tickets and shoplifting to aggravated battery and violations of state and federal drug laws. We have the experience to represent you effectively at your court appearances and, if necessary, at trial.
A skilled defense lawyer can protect you against overzealous police or prosecutors. Contact our office, if you or a family member has been arrested, charged or questioned regarding a felony or misdemeanor.
Records expunged under Kansas or Missouri state statutes still may be opened to law enforcement if the person is charged with a subsequent offense or if any of the requirements of expungement no longer are met.
Missouri - RSMo 610.122 - Arrest record expunged, requirements.
610.122. Notwithstanding other provisions of law to the contrary, any record of arrest recorded pursuant to section 43.503, RSMo, may be expunged if the court determines that the arrest was based on false information and the following conditions exist:
(1) There is no probable cause, at the time of the action to expunge, to believe the individual committed the offense;
(2) No charges will be pursued as a result of the arrest;
(3) The subject of the arrest has no prior or subsequent misdemeanor or felony convictions;
(4) The subject of the arrest did not receive a suspended imposition of sentence for the offense for which the arrest was made or for any offense related to the arrest; and
(5) No civil action is pending relating to the arrest or the records sought to be expunged.
Kansas Stat. Ann. 12-4516(a) - city ordinance violation
(a)(1) A person who has been convicted of a violation of a city ordinance may petition the convicting court for the expungement of such conviction and related arrest records if 3 or more years have elapsed since the person:
(A) satisfied the sentence imposed, or (B) was discharged from probation, parole, or a suspended sentence.
(2) A person who has fulfilled the terms of a diversion agreement based on a violation of an ordinance may petition the court for expungement of the agreement and related arrest records if 3 or more years have elapsed since the terms of the agreement were fulfilled.
(b) No person may petition for expungement until 5 or more years have elapsed since the person satisfied the sentence imposed or the terms of a diversion agreement or was discharged from probation, parole, conditional release, or a suspended sentence, if the person was convicted of:
(1) vehicular homicide, (2) DUI (3) driving without a license, (4) perjury, (5) violating the vehicle registration requirements, (6) a felony wherein the use of a motor vehicle was used in its perpetration, (7) failure to stop at the scene of an accident. (8) driving without insurance.
Kansas Stat. Ann. 21-4619 - misdemeanor or minor felony
(a) (1) A person convicted of an infraction, a misdemeanor, or a minor felony may petition for expungement of the conviction and arrest records if 3 or more years have elapsed since the person:
(A) satisfied the sentence imposed, or (B) was discharged from probation, a community correctional services program, parole, post-release supervision, conditional release, or a suspended sentence.
(2) A person who has fulfilled the terms of a diversion agreement may petition for expungement of the agreement and related arrest records if 3 or more years have elapsed since the terms of the agreement were fulfilled. (b) No person may petition for expungement until 5 or more years have elapsed since the completion of the terms of conviction if the person was convicted of a severe felony, or
(1) vehicular homicide, (2) DUI, (3) driving without a valid license, (4) perjury, (5) violating the vehicle registration requirements, (6) any crime punishable as a felony wherein a motor vehicle was used in the perpetration of such crime, (7) failure to stop at the scene of an accident, or (8) driving without insurance. (c) There is no privilege to expunge convictions for commission or for attempt to commit: (1) rape, (2) indecent liberties with a child, (3) aggravated indecent liberties with a child, (4) criminal sodomy, (5) aggravated criminal sodomy, (6) indecent solicitation of a child, (7) aggravated indecent solicitation of a child, (8) sexual exploitation of a child, (9) aggravated incest, (10) endangering a child, (11) child abuse, (12) capital murder, (13) 1st-degree murder, (14) 2nd-degree murder, (15) voluntary manslaughter, (16) involuntary manslaughter, (17) involuntary manslaughter while driving under the influence, (18) sexual battery, (19) aggravated sexual battery, or (20) any offense comparable to the offenses listed.
For a personal and confidential consultation with our Lenexa criminal defense attorney, please call 913-499-0422, or contact us by e-mail.
The Law Office of Tracey D. Johnson, LLC, is located in Lenexa, Kansas, and serves clients throughout the Greater Kansas City area in Johnson County, Wyandotte County, Platt County, Leavenworth County and Jackson County.