(d) instead of another criminal proceeding for a domestic violence complaint within the meaning of K.S.A. 2014 Supp. 21-5111 and amendments to a bifurcation agreement, the fork agreement provides that the defendant be charged with an assessment of domestic violence and that he complies with all recommendations, unless the prosecutor is otherwise engaged in the diversion contract. The defendant is required to pay for this assessment and, unless otherwise agreed with the prosecutor in the diversion agreement, for the enforcement of all the recommendations. If you go to court in your DUI case, if this is a first offence, the prosecutor may offer to enroll in a program called Distraction. Distraction is an option in which the accused admits that he is guilty of the DUI and agrees to be monitored for one year and to meet many conditions. If all goes well, the prosecutor will dismiss the trial at the end of the one-year period. This means that you have not been convicted, the DUI and no conviction will be on your minutes. However, please note that your Kansas ticket still shows that you have been charged DUI and have completed a diversion program. In addition, it is important to know that if you are ever charged with another DUI, the distraction will be treated as a prior conviction and your new DUI will be treated as a second offence.
Expungement is a process in which convictions are removed from a person`s criminal record. An arrest, distraction or conviction for a Kansas DUI can be clarified after the driver has been released on parole or detoured for at least ten years. It is not automatic. If you want your DUI conviction or distraction removed from your minutes, you must file a petition with the court where your case was made. The assessment is discretionary to the judge and may be refused if the judge deems it fair. For more information on the Ausg.-www.kansasexpungementlawyer.com PROBATION: probation conditions are generally the same as the conditions of deviation. In addition, the court may order that the accused`s car be confiscated. 3. All accused are informed in writing of the diversion program and the guidelines and directives adopted by the district attorney. The District Attorney may ask any accused who requests a deformation to request information about past criminal complaints, training, work experience and training, family, community residence, medical history, including psychiatric or psychological care or counselling and other information relating to the diversion program. In all cases, the defendant is present and has the right to be represented by a lawyer at the diversion conference with the district attorney.