Police questioning and juvenile court in Kansas: the under-14 rule and clearing a record

The Revised Kansas Juvenile Justice Code defines a juvenile as someone who is at least 10 but under 18. So a Kansas 17-year-old accused of a crime starts in juvenile court, and a child under 10 is outside this code.

A prosecutor can ask a judge to move a case to adult court, but only for a young person 14 or older. Kansas law says no one under 14 can be prosecuted as an adult. The judge must hold a hearing first, and the law starts from a presumption (a starting assumption) that the young person stays a juvenile. The prosecutor has to overcome it by a preponderance of the evidence, which means showing it is more likely than not. The judge weighs factors set out in the law, such as how serious the offense was and whether it was violent.

For the most serious felonies there is a middle path called extended jurisdiction juvenile prosecution: the case stays in juvenile court, but with extra sentencing options the judge must explain at the hearing.

In re Gault (1967) is the U.S. Supreme Court case that gave young people in juvenile court the right to a lawyer, the right to know the charges, and the right not to incriminate themselves. Everyone 10 to 17 in Kansas has those rights.

Kansas adds a rule for the youngest. If a child under 14 is in custody or under arrest, an admission or confession from questioning cannot be used as evidence unless it came after the child consulted with a parent or an attorney about waiving (giving up) the right to a lawyer and the right to stay silent. The place where the child is taken must try to reach a parent right away. If the parent is the alleged victim or is accused in the same case, the consultation has to be with a lawyer or a different parent.

If you are 14 to 17, this extra rule does not apply to you, but Gault still does. You can say: I want to talk to a lawyer, and I want my parent here.

Kansas lets a judge expunge juvenile records, which means the offense is treated as if it never happened, with some exceptions. You can file the petition yourself once you are 18. Before that, a parent can file for you. The court sets a hearing and notifies the prosecutor.

The judge orders expungement if you have turned 23 or two years have passed since your case ended, you have had no new felony, non-traffic misdemeanor, or juvenile adjudication since then, and your circumstances justify it. Some very serious offenses listed in the law, including murder and rape, can never be expunged.