The judge may authorize release of certain material that the clerk may not. If in doubt, check with your judge.
Kansas Open Records Act
“…public records shall be open for inspection by any person unless otherwise provided by this act.” A Public Record is “any recorded information, regardless of form or characteristics, which is made, maintained or kept by or is in the possession of any public agency…”.
Criminal History Record Information Act
Records of any agency authorized by law to arrest, detain, prosecute, adjudicate, provide correctional supervision, rehabilitation, or release of persons suspected, charged, or convicted of a crime which are compiled in the process of preventing, detecting, or investigating violations of criminal law.
The following are NOT OPEN PUBLIC RECORDS.
- Records closed by either federal law, state statute, or Supreme Court Rule:
- Juvenile offense records, except traffic, for juveniles 14 or above;
- Criminal offense records;
- Unexecuted search or arrest warrants;
- Arrests, if charges dismissed, person found not guilty or no ground for complaint;
- Social Security Numbers;
- Speeding conviction for traveling not more than 10 MPH in excess of the maximum speed limit. Between 55 MPH and 70 MPH (K.S.A. 8-1560c).
- Public records subject to disclosure to anyone requesting:
- Charges filed against a person and scheduled court dates, including the complaint;
- Front page of a standard offense report;
- Diversion agreements, if they relate to a traffic ordinance not subject to the Criminal History Records Act. D.U.I. diversion agreements are subject
- to disclosure;
- Traffic violation records with the exception referenced above;
- Court records of public judicial proceedings, such as sentencing information and guilty or not guilty findings, unless there is another statutory restriction available to close them. Published court opinions are also open public records;
- Records of inmates of jails or other correctional or detention facilities.