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Kansas

State Resource Guide

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The Post-Conviction Process

Click on the underlined links to view more information. 

To help you better use this state-by-state resource, here is a glossary of terms used throughout this site.

Post-Sentencing Review

Direct Appeal

State Post-Conviction Motions

Federal Habeas Corpus

Early Release Programs

Prosecutorial Review

Clemency

Victims have rights throughout this whole process. Click here to learn more.

A criminal case may not go through each stage included in this visual representation, or these stages may occur in a different order than they appear in this graphic. Additionally, some cases may go through these stages several times. Each case is unique, and this chart is intended only as a visual aid to help victims and survivors understand the post-sentencing process.

Post-Sentencing Review

After an individual accused of a crime has been convicted and sentenced, they may file motions in the trial court to challenge their conviction or sentence.
  • These can include motions to arrest the judgment, to withdraw the plea, to be resentenced, or for a new trial based on new evidence or legal errors in the proceedings. In certain situations, the prosecution may also file a motion to modify the sentence.
  • Victims can receive information about post-trial motions from the County Attorney’s Office where the crime was prosecuted.

Direct Appeal

After any post-sentencing motions are decided by the court (or if no post-sentencing motions are filed), an individual convicted of a crime may ask a higher court to review the trial court’s and jury’s decisions. This is called a “direct appeal.”
  • On appeal, the court does not admit new evidence or call witnesses but instead reviews what happened in the trial court. If the convicted person pursues an appeal, they may ask to be released while it is pending.
  • The Solicitor General division of the Attorney General’s Office represents the State in direct appeal proceedings. To receive updates on the direct appeal, victims can contact the Solicitor General’s Office at 785-296-2215.

State Post-Conviction Motions

Post-conviction motions are requests to have the conviction or sentence reviewed that are filed after the direct appeal process has ended.
  • These motions can seek many outcomes, including invalidation of the conviction, a reduced sentence, or permission from the court for that individual to view or find additional information relevant to the case – such as new DNA testing.
  • The Solicitor General division of the Attorney General’s Office represents the State in state post-conviction proceedings. To receive updates on the state’s post-conviction process, victims can contact the Solicitor General’s Office at 785-296-2215.

Federal Habeas Corpus

After seeking post-conviction relief in state court, a person convicted under Kansas law may go to federal court in a process called “habeas corpus.”
  • Relief in federal habeas corpus is available only in specific and rare circumstances. Issues often raised in federal habeas cases include claims that the convicted person had an inept attorney, claims that police or prosecutors violated their rights, hid evidence, or committed other misconduct.
  • The Solicitor General division of the Attorney General’s Office represents the State in federal habeas corpus proceedings. To receive updates on the state’s post-conviction process, victims can contact the Solicitor General’s Office at 785-296-2215.

Early Release Programs

These programs include parole, terminal illness release, functional incapacitation release, and earning “credits” earned in prison.
  • If someone is sentenced to a term of imprisonment, they may be released from prison earlier than expected through several programs available in Kansas, including parole, release for people who are terminally ill or functionally incapacitated, and earning “credits” that reduce the length of their sentences for good behavior in prison.
  • Victims can register for notifications by completing a notification form with the Kansas Department of Corrections (DOC) notification program. Victims can track the status of an incarcerated person through the Kansas Adult Supervised Population Electronic Repository (KASPER). Victims can also contact the DOC’s Office of Victim Services for assistance.

Prosecutorial Review

Prosecutors can reconsider the conviction to be sure it is just.
  • People who claim to have been wrongly convicted of felonies in Wyandotte County, Kansas, may ask for their case to be reviewed by the local prosecutor’s office.

Clemency

In rare cases, the governor may grant the convicted person relief from their conviction or sentence.
  • The governor can grant clemency to people convicted under Kansas law. The Prisoner Review Board helps the governor in this process. In Kansas, clemency typically takes one of two forms: a pardon (which forgives a conviction) or a commutation (which shortens a person’s sentence).
  • Victims receive notification of clemency by completing a notification form with the Kansas Department of Corrections (DOC) notification program. 

Victims Rights
Post-Conviction

In Kansas, victims have the right to:
  • Be treated with courtesy, compassion, and respect for their dignity and privacy
  • Notification of appeals filed by the convicted individual
  • Be informed of and present at public hearings*
  • Notification of the incarcerated individual’s release, escape, transfer, release, or death*
  • Notification of parole hearings, clemency applications*
  • Be present and be heard at parole hearings
  • Request restitution and apply for crime victim’s compensation
  • Prompt return of property that is no longer needed as evidence

* All rights to notification require the victim to provide and update their information with the District Attorney, Attorney General, Department of Corrections, and/or the Board of Paroles and Pardons.

Compensation

  • Restitution is a court-ordered payment from the defendant to the victim to account for the victim’s economic loss. Apart from court-ordered restitution, the Crime Victims Compensation Board reimburses victims for expenses related to the crime, such as medical care, mental health services, and funeral costs. 
  • Victims may request assistance with court-ordered restitution through the Department of Corrections Office of Victim Services by phone at (866) 404-6732 or by email. Victims can apply for Crime Victims Compensation Board funds by completing an application. For assistance with applications, victims can contact the Kansas Attorney General’s Division of Crime Victims Compensation by phone at (785) 296-2359 or by email. Applications must be filed within five years of the incident, with certain exceptions.
Click here to learn more about the post-conviction process and victims’ rights in Kansas

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