A former Basehor-Linwood High School teacher who pleaded guilty in 2010 to having unlawful sexual relations with a student is attempting to have the conviction expunged from his record.

A former Basehor-Linwood High School teacher who pleaded guilty in 2010 to having unlawful sexual relations with a student is attempting to have the conviction expunged from his record.

An attorney for Scott A. Neil filed the petition for the expungement in March in Leavenworth County District Court, court records show.

District Judge Gunnar Sundby later denied the expungement. That decision is now under appeal before the Kansas Court of Appeals.

Neil, 50, Lawrence, pleaded guilty to unlawful sexual relations in February 2010. The charge stemmed from a relationship Neil reportedly had with a 16-year-old girl in 2008 while he was working as a teacher.

Neil was sentenced in April 2010 to probation under the state's sentencing guidelines. At the time, Sundby also ordered Neil to spend two days in jail.

According to the petition seeking expungement, Neil's probation was terminated June 8, 2011, as successful and he has not been charged with any additional crimes.

Sundby denied the expungement in a written decision released in April of this year.

The judge acknowledged that Neil had met requirements of the expungement law by completing probation and allowing the passage of time. The judge stated that Neil's behavior since the conviction would warrant expungement under one provision of the law.

But Sundby noted that the conviction requires Neil to register as an offender for 10 years, and this requirement has not yet been completed.

Sundby wrote that "an expungement would not be consistent with the public welfare as required" in the state law.

A hearing with oral arguments was conducted as part of the appeal Monday in Topeka, according to appellate records.

It is not clear when a decision may be reached in the appeal.

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