Kan. Stat. Ann. § 61-3809
2026 session law — the Revisor of Statutes has not yet published this section. Source: Session Laws of Kansas 2026, ch. 132 (Secretary of State). K.S.A. number per the Revisor's 2026 composite list of Aug. 13, 2026. Effective 7/1/2026.
Operative Text
(a) (1) Except as otherwise provided in this subsection, a defendant in an eviction action in which the underlying rental agreement is governed by K.S.A. 58-2540 et seq., and amendments thereto, may make an electronic filing for an expungement with the clerk of the district court at no cost. Such filing shall be made under the docket number of such eviction action. The defendant shall provide service of process to the plaintiff in such action by return receipt delivery as described in K.S.A. 60-303, and amendments thereto. (2) The plaintiff in such action shall have 30 days after delivery of such service of process to file with the court an objection to such expungement. If an objection is filed, the court shall conduct a hearing and determine whether such expungement will be granted pursuant to this section. If no objection is filed, the court shall make such determination without a hearing, and there shall be a presumption that the monetary judgment owed by the defendant to the plaintiff arising from the underlying tenancy or rental agreement related to such eviction action, if any, are satisfied. (3) The court shall grant an expungement if three years have passed since judgment was entered in such action, the defendant shows that the monetary judgment owed by the defendant to the plaintiff arising from the underlying tenancy or rental agreement related to such eviction action, if any, are satisfied and the defendant has no additional judgment entered in an eviction action in which the underlying rental agreement is governed by K.S.A. 58-2540 et seq., and amendments thereto, within the three-year period. (4) If a tenant has an additional judgment entered in an eviction action in which the underlying rental agreement is governed by K.S.A. 58-2540 et seq., and amendments thereto, within the three-year period described in paragraph (1), the preceding judgment shall not be expunged until the ensuing judgment is eligible for expungement. (5) In accordance with federal law and requirements, a public housing authority may request access to eviction judgment history for the past three-year period for active applicants for federal housing assistance. (6) An eviction action in which the underlying rental agreement is governed by K.S.A. 58-2540 et seq., and amendments thereto, and the defendant has an unsatisfied monetary judgment arising from the underlying tenancy or rental agreement related to such eviction action shall not be expunged unless the defendant and the plaintiff agree to such expungement. (7) An order expunging an eviction action pursuant to this section shall not be construed to satisfy, extinguish or otherwise affect any monetary obligation owed by the defendant to the plaintiff arising from the underlying tenancy or rental agreement related to such eviction action. Nothing in this section shall impair or limit a plaintiff’s right to pursue or maintain a separate civil action for unpaid rent, damages or other sums owed, including any action permitted under K.S.A. 61-3804, and amendments thereto, or other applicable law, within the applicable statute of limitations. (b) The judicial council shall develop a form to be utilized for obtaining expungement pursuant to this section.
Kansas Stat. Ann. §§ 61-3801 through 61-3809 (effective July 1, 2026) establishes a process by which a defendant in a residential eviction case may petition to have that court record expunged — sealed from general view — at no filing cost. Expungement becomes available once three years have passed since judgment, any money owed from the tenancy has been satisfied, and no additional eviction judgment has been entered against the defendant within that three-year window. Importantly, an expungement order does not cancel or wipe out any remaining financial obligations; a landlord retains the right to pursue unpaid rent or damages through a separate civil action even after the eviction record is expunged.
Plain English — not legal advice.
Under Kan. Stat. Ann. §§ 61-3801–61-3809, landlords who were plaintiffs in a covered eviction action receive formal notice when a former tenant files for expungement and have 30 days from delivery of that notice to file a written objection with the court. Operators who believe a monetary judgment from the tenancy remains unsatisfied — or who have not agreed to expungement of an unsatisfied judgment — generally document that position in a timely objection, since the statute presumes satisfaction if no objection is filed. Regardless of the court's ruling on expungement, this provision explicitly preserves a landlord's right to continue pursuing unpaid rent, damages, or other sums through a separate civil action within the applicable statute of limitations.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Kan. Stat. Ann. §§ 61-3801–61-3809 gives residential tenants who were defendants in an eviction action a no-cost electronic pathway to seek expungement of that court record once three years have elapsed since judgment, all money judgments tied to the tenancy are satisfied, and no new eviction judgment has been entered during that period. Tenants can file under the original docket number using a standardized form that the Kansas Judicial Council is required to develop under this section, and must serve the former landlord by return-receipt delivery. Tenants who believe they may qualify can explore this process through the district court clerk's office or a local tenant-rights organization for general guidance on eligibility and next steps.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 27, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
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