Kansas Employment Background Screening Laws in 2025: A Comprehensive Guide

Kansas employers must navigate a complex legal landscape when conducting background checks in 2025.

This guide explains critical updates to Kansas background screening laws, including criminal history lookback periods, ban-the-box Kansas rules, employment credit reports restrictions, and emerging trends like AI background checks. Leveraging authoritative sources like the Kansas General Laws and Bureau of Criminal Identification (BCI), we break down compliance requirements to help you avoid employment lawsuits Kansas.

Consequently, you will gain the knowledge needed to build a fair and legally compliant screening process.

Criminal Background Checks and Lookback Periods in Kansas

A primary component of any screening process involves reviewing an applicant’s criminal history. However, both federal and state laws dictate what information you can access and consider. The federal Fair Credit Reporting Act (FCRA) provides the foundational rules for all U.S. employers.

The FCRA Seven-Year Rule

The FCRA sets a clear time limit for reporting certain types of adverse information. Specifically, consumer reporting agencies (CRAs) cannot report non-conviction information that is more than seven years old. This includes:

• Arrests that did not lead to a conviction.
• Civil suits and judgments.
• Paid tax liens.

Therefore, if an applicant was arrested eight years ago but never convicted, that information should not appear on a standard background check report. This rule helps ensure that old, non-criminal mistakes do not perpetually haunt job seekers.

Reporting Criminal Convictions

In contrast to arrests, the FCRA does not limit the reporting of criminal convictions. In Kansas, a conviction can remain on an individual’s record and be reported by a CRA indefinitely. However, there is a significant exception: expunged records. According to the Kansas Statutes on criminal history, once a record is expunged, it is treated as if it never occurred. Employers, therefore, cannot legally access or use expunged records in hiring decisions.

Disqualifying Offenses for Specific Roles

While employers must assess criminal history individually, certain roles have statutory requirements. Kansas law mandates specific criminal background checks for jobs involving vulnerable populations. For instance, childcare providers undergo rigorous screening managed by the Kansas Department for Children and Families. Convictions for violent crimes, sex offenses, or child abuse are typically automatic disqualifiers. Similarly, roles in law enforcement and positions requiring a fidelity bond have strict background requirements defined by state law.

Ban-the-Box Kansas: State and Local Rules

“Ban-the-box” initiatives aim to delay inquiries into an applicant’s criminal history until later in the hiring process. This allows candidates to be judged on their qualifications first. While there is no statewide law for private employers, Kansas has taken steps in this direction for public employment.

Statewide Ban-the-Box for Public Employers

In 2018, Kansas implemented a statewide ban-the-box Kansas policy for the executive branch of state government. Executive Order 18-12 prohibits state agencies from:

• Including questions about criminal history on initial job applications.
• Asking about criminal records during the initial interview.

This policy applies to most state government jobs. However, it includes exceptions for positions where a criminal background check is required by law, such as law enforcement or corrections. An inquiry is only permissible after an applicant is deemed otherwise qualified and a conditional offer of employment has been made.

Local Ordinances: Kansas City and Wyandotte County

Private employers must also be aware of local laws. The Unified Government of Wyandotte County/Kansas City, Kansas, has a stricter ban-the-box ordinance. This rule applies to both public and private employers with six or more employees within the county. It also covers city vendors and contractors. Employers in this jurisdiction must wait until after an interview to inquire about an applicant’s criminal past, aligning with a growing trend in fair hiring practices.

Restrictions on Employment Credit Reports in Kansas

Using credit history in hiring is a contentious issue. Kansas law, alongside the FCRA, places significant employment credit reports restrictions on employers. The primary goal is to prevent hiring discrimination based on financial status, which often has little to do with job performance.

When Are Credit Checks Permissible?

In Kansas, an employer can only conduct a credit check under specific circumstances. Generally, the job must involve significant financial responsibility or access to sensitive information. Examples include:

• Roles in accounting, finance, or corporate management.
• Positions with access to company bank accounts or credit cards.
• Jobs that handle trade secrets or confidential client data.

For most other roles, a credit report is considered irrelevant and its use could be seen as discriminatory. Employers should have a written policy clearly defining which positions require a credit check and why.

Consent and Adverse Action Requirements

Before an employer can request a credit report, they must follow a strict FCRA-mandated process. First, they must inform the applicant in writing that a credit check may be part of the screening process. Second, they must obtain the applicant’s explicit written consent. This must be a standalone document, not hidden within a larger application.

If an employer decides not to hire an applicant based partly or wholly on their credit report, they must follow the adverse action process. This involves providing the applicant with a pre-adverse action notice, a copy of their credit report, and a summary of their rights under the FCRA. Subsequently, after giving the applicant time to respond, a final adverse action notice must be sent.