Wednesday, March 17, 2010
KSC to decide expungement issue
On March 3, 2010, the KSC transferred State v. Jaben, No. 102,383 up for court's consideration pursuant to K.S.A. 20-3018(c). Jaben's attorney, William Rork, informed me that the case involves a State's appeal on a question reserved. The issue is what law should apply in expungement cases - the law at the time of the offense or the law at the time of the expungement petition. The district court granted the expungement of Jaben's decades-old sex offenses even though current law (K.S.A. 21-4619[c]) does not allow the expungement of the offenses. However, at the time of the crimes, expungement was allowed. It seems like an interesting issue that could affect expungements in other cases as well.