Kansas Background Check Laws for Employers
Kansas runs its own mini-FCRA, and most employers never read it. Because of that, routine hiring decisions quietly drift out of compliance.
This guide maps every Kansas statute that touches employment screening. Moreover, it names the agency behind each rule, so your HR team knows exactly who enforces what.
Kansas Background Check Laws at a Glance
Kansas regulates employment screening through four separate bodies of law. First comes the state Fair Credit Reporting Act. Next sits the criminal justice information statute. Then the expungement code adds its own limits. Finally, industry statutes govern specific jobs.
Use the table below as your quick reference. Afterward, read the sections that apply to your roles. For a broader employment-law overview, Ogletree Deakins publishes a Kansas desk reference covering the Kansas Act Against Discrimination and related rules.
| Statute or Rule | What It Governs | Administering Agency |
|---|---|---|
| K.S.A. 50-701 to 50-724 | Kansas Fair Credit Reporting Act: permissible purposes, obsolete information, adverse action | Kansas Consumer Credit Commissioner, Office of the State Bank Commissioner |
| K.S.A. 50-704 | Seven-year reporting limit on arrests, indictments and convictions; $20,000 salary exemption | Office of the State Bank Commissioner |
| K.S.A. 50-712 | Public record information reported for employment must be complete and up to date | Office of the State Bank Commissioner |
| K.S.A. 22-4710 | Bars employers from making applicants pull their own record; authorizes a signed release instead | Kansas Bureau of Investigation |
| K.S.A. 22-4707 | Dissemination of criminal history record information; class A nonperson misdemeanor penalty | Kansas Bureau of Investigation |
| K.S.A. 21-6614 | Expungement of convictions, arrests and diversions; mandatory disclosure exceptions | Kansas District Courts |
| K.S.A. 44-1001 et seq. | Kansas Act Against Discrimination; applies at four or more employees | Kansas Human Rights Commission |
| K.S.A. 74-2012 | Release of Kansas motor vehicle records and driver history | Kansas Department of Revenue, Division of Vehicles |
| Executive Order 18-12 | Ban the box for executive branch hiring only; no private-sector mandate | Office of the Governor of Kansas |
| K.S.A. 39-970 | Mandatory criminal record screening for adult care home staff | Kansas Department for Aging and Disability Services |
The Kansas Fair Credit Reporting Act: K.S.A. 50-701 to 50-724
Kansas belongs to a small group of states with a genuine mini-FCRA. Lawmakers enacted the statute in 1973, and it took effect on January 1, 1974. Since then, it has run alongside federal law rather than beneath it.
Above all, employers should understand one point. Kansas law binds both the screening company and the hiring company. Therefore, your own adverse action process falls under state law as well as federal law.
What the Kansas Act Requires of Employers
K.S.A. 50-714 sets the user-side duty. When you deny employment wholly or partly because of a consumer report, you must advise the applicant. In addition, you must supply the name and address of the consumer reporting agency that furnished the report.
Subsection (b) adds a second duty. Sometimes adverse information comes from outside a reporting agency, such as a direct reference call. Then you must tell the applicant about the right to learn its nature. Afterward, the applicant has 60 days to make that request in writing.
Subsection (c) offers a defense. Employers who maintain reasonable procedures to assure compliance can avoid liability. Written procedures, therefore, carry real value in Kansas.
What the Act Requires of Screening Companies
K.S.A. 50-712 targets public record data used for employment. A reporting agency has two compliance paths. It may notify the applicant when it reports adverse public record information. Alternatively, it may maintain strict procedures that keep that information complete and current.
Notably, the statute defines “up to date” precisely. Arrests, indictments, convictions, suits, tax liens and judgments qualify when the report reflects current public record status. Therefore, BCS Background Screening LLC uses real-time court research instead of static database pulls.
Penalties Under Kansas Law
Willful noncompliance triggers civil liability under K.S.A. 50-715. Meanwhile, negligent noncompliance triggers liability under K.S.A. 50-716. Obtaining a consumer report under false pretenses violates K.S.A. 50-718 outright. The Kansas Consumer Credit Commissioner enforces the act through the Office of the State Bank Commissioner.
Federal FCRA Steps Kansas Employers Must Still Follow
State law never replaces the federal Fair Credit Reporting Act, 15 U.S.C. 1681. Instead, the two stack. Follow all four steps below on every Kansas hire.
Standalone Written Disclosure
Give the applicant a clear disclosure in a document that contains nothing else. Waivers, liability releases and state notices belong on separate pages. Courts read this rule strictly.
Written Authorization
Collect a signed authorization before you order anything. K.S.A. 22-4710(c) independently permits a release for Kansas criminal history record information, so one signature can satisfy both laws.
Pre-Adverse Action Notice
Before you decide against the applicant, send a copy of the report. Also include the CFPB Summary of Consumer Rights. Then allow a reasonable window to dispute, commonly five business days.
Final Adverse Action Notice
Send the final notice with the agency name, address and phone number. Moreover, state plainly that the agency did not make the decision and cannot explain it. Kansas adds its own notice duty under K.S.A. 50-714.
Individualized assessment matters too. EEOC enforcement guidance asks employers to weigh three factors. Those factors are the offense, the time elapsed and the job itself. Consequently, blanket exclusions invite Title VII exposure.
How Far Back Can a Background Check Go in Kansas?
Here Kansas departs sharply from federal law, and many national guides get it wrong. The federal FCRA stopped applying its seven-year limit to convictions in 1998. Kansas never made that change.
K.S.A. 50-704 still lists “records of arrest, indictment, or conviction of crime.” Moreover, the clock runs from the date of disposition, release or parole. As a result, the Kansas limit can reach convictions that federal law would allow.
Years, Standard Limit
Arrests, indictments and convictions run seven years from disposition, release or parole. Suits, judgments, paid tax liens and collection accounts follow the same clock.
Years, Bankruptcies
Kansas measures bankruptcy from the date of adjudication of the most recent bankruptcy. That period runs longer than the federal ten-year rule.
Salary Exemption
The obsolescence limits drop away above a salary line. Specifically, the role must pay, or reasonably expect to pay, $20,000 or more yearly. Most professional roles clear that bar easily.
Because the threshold sits low, many Kansas employers may report older records lawfully. Even so, document the salary basis in your file. Otherwise you carry the burden without proof.
One more limit applies regardless of salary. Expunged records stay out of the report entirely, and the next sections explain why.
K.S.A. 22-4710: The Kansas Rule Almost Nobody Cites
Kansas criminalizes a common shortcut. Under K.S.A. 22-4710(a), an employer may not require self-inspection. Specifically, no applicant may be forced to inspect or challenge their own criminal history record to qualify.
Subsection (b) puts teeth behind that sentence. Violation is a class A misdemeanor in Kansas. Therefore, telling an applicant to “bring us your KBI printout” is not merely awkward. It is a crime.
The Lawful Alternative
Subsection (c) supplies the answer. An employer may require a signed release from a job applicant or a prospective independent contractor. That release authorizes access to criminal history record information for fitness purposes. In short, you obtain the record yourself with consent.
Subsection (d) lets the Kansas Bureau of Investigation charge employers a reasonable fee for that report. Meanwhile, subsection (e) immunizes the bureau from claims arising out of a release-based disclosure.
A Liability Shield for Employers
Subsection (f) rewards employers who screen properly. No employer faces liability for a hiring or contracting decision based on criminal history record information. That protection applies when the information reasonably bears on trustworthiness. It also applies to the safety and well-being of employees and customers.
That shield is unusual. Moreover, it pairs naturally with the EEOC’s individualized assessment. Document the job-relatedness of each disqualifying record. Consequently, you gain both a Kansas defense and a federal one.
Ordering through a consumer reporting agency keeps you inside 22-4710 automatically. Our Kansas real-time statewide criminal search runs on your signed authorization, never on an applicant self-check.
What a Kansas Criminal Record Check Actually Shows
The Kansas Bureau of Investigation operates the Kansas Central Repository for criminal history record information. However, the public version of that record is narrower than most employers expect.
Included in a Public Kansas Record Check
- Adult convictions where the subject was found guilty in court
- Cases where the subject is currently undergoing diversion
- Arrests that remain pending court disposition
Excluded From a Public Kansas Record Check
- Successfully completed diversions
- Dismissals and acquittals
- Expunged records of every kind
- All juvenile offender data
The KBI charges $30 for an online name-based check and $40 for a certified mailed name-based check. Fingerprint-based checks cost $45, and mailed fingerprint submissions take roughly one to three weeks. Online checks usually return immediately.
Why the Repository Alone Falls Short
Repository data depends on arrest and disposition reporting from local agencies. Gaps therefore appear when a court never transmits a disposition. Direct court research closes those gaps. Furthermore, K.S.A. 50-712 expects exactly that diligence from any agency reporting employment records.
Kansas courts sit in 31 judicial districts covering all 105 counties. For that reason, a real-time search of district court indexes beats a single repository pull. Ultimately, you see the record the court sees.
Expunged Records Under K.S.A. 21-6614
Kansas lets people petition district courts to expunge convictions, arrests and diversions. Once the court enters the order, the petitioner “shall be treated as not having been arrested, convicted or diverted of the crime.”
Practically speaking, that language ends the inquiry for most employers. You may not ask about an expunged record, and you may not act on one.
Typical Waiting Periods
- Three or more years for traffic infractions, misdemeanors and lower-level felonies
- Five or more years for class A, B and C felonies and certain vehicular crimes
- Five years for a first DUI, and ten years for second or later DUI convictions
- One or more years for certain prostitution convictions by proven trafficking victims
The Narrow Disclosure Exceptions
Subsection (i) carves out a short list. Applicants must disclose an expunged conviction when they seek work or licensure in defined settings. Those settings include law enforcement, private detective work and bail enforcement. Additionally, they cover the Kansas Lottery, racing and gaming, bar admission and commercial driver’s license roles.
Outside that list, treat the record as gone. Kansas Legal Services publishes plain-language guidance on expungement that your HR team can share with applicants.
Ban the Box in Kansas: What Is Real and What Is Not
Misinformation runs deep on this topic, so start with the facts. Kansas has no statewide ban-the-box statute for private employers. Furthermore, no Kansas city or county imposes one either.
Johnson County, Topeka and Wyandotte County/Kansas City, Kansas do apply ban-the-box policies. However, those policies cover only their own government hiring.
Executive Order 18-12
Governor Jeff Colyer signed this order in 2018. It covers executive branch departments, agencies, boards and commissions under the Governor’s jurisdiction.
Within 90 days, those agencies had to stop asking about criminal records at the initial application stage. A record also cannot automatically block an interview, and checks generally wait until after the interview.
One exception survives. Where state law already bars people with certain histories from a position, agencies may inquire earlier.
The Kansas City Confusion
Many guides claim Wyandotte County or Kansas City, Kansas restricts private employers. That claim is wrong, and it costs employers money in unnecessary process changes.
The ordinance in question belongs to Kansas City, Missouri. Ordinance No. 180034, codified at Section 38-104, took effect on June 9, 2018 and covers private employers with six or more employees.
Because the metro straddles the state line, Kansas employers with Missouri locations still need to comply there. Littler’s analysis explains the Missouri-side duties in detail.
Kansas employers remain free to ask about convictions on the application. Still, timing your inquiry after the interview reduces discrimination risk and improves your applicant pool. Many Kansas employers adopt that practice voluntarily.
Credit Reports, Drug Testing and Pay History in Kansas
Three screening topics generate constant questions. Kansas answers all three the same way: the state imposes no special restriction.
Employment Credit Checks
Kansas has no statute limiting credit checks for employment. By contrast, states such as California and Illinois restrict them tightly. Consequently, Kansas employers follow the federal FCRA alone, plus the Kansas act’s permissible-purpose and adverse-action rules.
Even so, run credit only where the role justifies it. Financial responsibility, cash handling and fiduciary duties support the request. By contrast, unrelated roles do not. Title VII disparate impact claims still apply.
Drug and Alcohol Testing
No Kansas statute governs pre-employment drug testing by private employers. Spencer Fane’s Kansas memo puts it plainly. No Kansas law governs when testing is authorized or prohibited for private employers.
K.S.A. 75-4362 does regulate testing for certain state employees in safety-sensitive positions. Meanwhile, marijuana remains illegal in Kansas for both recreational and medical use. Therefore, no state law protects an applicant who tests positive.
Salary History Inquiries
Kansas has no salary history ban. Kansas City, Missouri, however, adopted one that took effect on October 31, 2019. Therefore, employers hiring on both sides of State Line Road should keep application forms separate.
Kansas Industry Screening Statutes
Several Kansas statutes mandate screening for specific roles. Review the cards below before you write a job description.
Adult Care Homes: K.S.A. 39-970
Operators must screen employees, agency staff and contractors with direct access to residents. The KBI releases records to the Kansas Department for Aging and Disability Services, which returns a determination to the employer.
Murder, rape, indecent liberties, human trafficking and mistreatment of a dependent adult disqualify permanently. Meanwhile, other felonies carry a shorter bar with a waiver path. Those include drug offenses, forgery, Medicaid fraud and identity theft.
Schools and Child Care
Licensed teachers submit fingerprints through the Kansas State Department of Education. Non-licensed staff, however, face no statewide mandate today.
KBI Director Tony Mattivi raised this gap before the Senate Judiciary Committee in January 2026. Roughly 32,000 non-licensed staff remain unscreened. Senate Bill 246 would require fingerprint checks every five years. Watch that bill closely.
Healthcare and Licensed Facilities
The Kansas Department of Health and Environment administers background check requirements for child care facilities and other licensed programs. Registry checks accompany the criminal record review.
Federal exclusion screening applies separately for Medicare and Medicaid participants. Accordingly, many Kansas providers add sanctions monitoring to every hire.
Drivers and Fleet Roles
Kansas releases driver records through the Department of Revenue under K.S.A. 74-2012. Requesters certify a permitted use, and the federal Driver’s Privacy Protection Act governs the same data.
CDL positions add Department of Transportation testing and inquiry rules. Because of that, fleet employers usually combine an MVR with a criminal search and a drug screen.
Kansas Employment Screening Services From BCS Background Screening LLC
Our searches map directly to the Kansas statutes above. Each one runs on your signed FCRA authorization, so K.S.A. 22-4710 stays satisfied.
Kansas Real-Time Statewide Search
Live district court research across Kansas jurisdictions, verified at the source. Choose this search when you need current dispositions rather than stale database entries.
Motor Vehicle Records
Driving histories for delivery, trucking, sales, and CDL positions. We pull the state record under a permitted DPPA use, so your fleet file stays defensible.
County Criminal Court Search
Direct research at the courthouse of record. Add this search wherever an applicant lived, worked or attended school outside Kansas.
Nationwide Background Check
SSN trace, nationwide criminal database, sex offender registries and watchlists in one package. Use it to locate jurisdictions before ordering court searches.
SSN Trace and Address History
Ten or more years of reported address history plus names and aliases. This trace tells you which Kansas counties and which other states to search.
Federal Criminal Search
United States District Court records for fraud, trafficking and interstate offenses. State searches never capture these cases, so add federal coverage for finance and executive roles.
Every BCS Background Screening LLC account includes optional Multiple Authentication Factor (MAF) protection. Your administrator can enable it at any time.
Kansas Compliance Checklist for Employers
Work through these ten items before your next Kansas offer letter goes out.
- Issue a standalone FCRA disclosure with no extra language on the page.
- Collect written authorization that also serves as your K.S.A. 22-4710(c) release.
- Never ask an applicant to obtain or challenge their own KBI record.
- Confirm whether the role clears the $20,000 salary threshold in K.S.A. 50-704.
- Apply the seven-year limit to convictions where that threshold is not met.
- Exclude expunged records unless K.S.A. 21-6614(i) lists your position.
- Run an individualized assessment on every potentially disqualifying record.
- Send pre-adverse action with the report and the Summary of Consumer Rights.
- Send final adverse action naming the agency, per K.S.A. 50-714 and federal law.
- Keep written screening procedures on file as your K.S.A. 50-714(c) defense.
Kansas Employment Screening Laws: Employer FAQs
Does Kansas have its own version of the Fair Credit Reporting Act?
Yes. The Kansas Fair Credit Reporting Act sits at K.S.A. 50-701 through 50-724, and it took effect on January 1, 1974. The act governs permissible purposes, obsolete information, disclosure duties and adverse action notices. Notably, K.S.A. 50-714 imposes duties on employers who use consumer reports, not just on reporting agencies. The Kansas Consumer Credit Commissioner enforces the act through the Office of the State Bank Commissioner.
How far back can a background check go in Kansas?
K.S.A. 50-704 limits reports to seven years for arrests, indictments and convictions, measured from disposition, release or parole. Bankruptcies run fourteen years from the most recent adjudication. However, those limits disappear when the position pays, or may reasonably be expected to pay, $20,000 or more annually. Kansas still applies the seven-year clock to convictions. Therefore, the state rule can be stricter than federal law for lower-paid roles.
Can a Kansas employer make an applicant pull their own criminal record?
No. K.S.A. 22-4710(a) makes self-inspection demands unlawful. No applicant may be required to inspect or challenge their own criminal history record. Violation is a class A misdemeanor under subsection (b). Instead, subsection (c) allows you to require a signed release so you can obtain the record yourself. The Kansas Bureau of Investigation administers the central repository and may charge employers a reasonable fee.
Does Kansas have a ban-the-box law for private employers?
No. Executive Order 18-12, signed by Governor Jeff Colyer in 2018, applies only to executive branch agencies under the Governor’s jurisdiction. Those agencies removed criminal history questions from initial applications and generally delayed checks until after an interview. No Kansas city or county regulates private employers. The six-employee ordinance that many guides cite belongs to Kansas City, Missouri, under Ordinance No. 180034, Section 38-104.
What appears on a Kansas Bureau of Investigation record check?
A public KBI check returns adult convictions, cases currently in diversion and arrests pending court disposition. By contrast, it excludes successfully completed diversions, dismissals, acquittals, expunged records and all juvenile offender data. Online name-based checks cost $30 and usually return immediately. Certified mailed name-based checks cost $40, while fingerprint-based checks cost $45 and take roughly one to three weeks.
Can Kansas employers consider expunged convictions?
Generally no. After a court grants expungement under K.S.A. 21-6614, the person is treated as not having been arrested, convicted or diverted. Waiting periods run three years for most misdemeanors and lower felonies. Class A, B and C felonies require five years. Subsection (i) creates narrow exceptions requiring disclosure. Those cover law enforcement, private detective and security work, bail enforcement, the Kansas Lottery, racing and gaming, bar admission and commercial driver’s license roles.
Does Kansas restrict employment credit checks or drug testing?
Kansas restricts neither. No Kansas statute limits credit checks for employment, so the federal FCRA and the Kansas act govern instead. Similarly, no Kansas statute regulates pre-employment drug testing by private employers, although K.S.A. 75-4362 covers certain state employees in safety-sensitive positions. Marijuana remains illegal in Kansas for recreational and medical use alike. Even so, job-relatedness still matters under Title VII and the Kansas Act Against Discrimination.
Which Kansas jobs require a mandatory background check?
Adult care home staff fall under K.S.A. 39-970, which routes KBI data through the Kansas Department for Aging and Disability Services. Licensed teachers submit fingerprints through the Kansas State Department of Education. Meanwhile, child care programs follow Kansas Department of Health and Environment rules. Non-licensed school staff currently face no statewide mandate. Senate Bill 246, heard in January 2026, would require fingerprint checks for them every five years.
Screen Kansas Applicants With Confidence
BCS Background Screening LLC delivers court-verified Kansas results, FCRA-compliant workflows and adverse action support. Open an account today and order your first search in minutes.
Call (800) 661-0278 or email support@usabackground.com. Our team answers Monday through Friday, 9:00 a.m. to 6:00 p.m. Eastern.
This page provides general information about Kansas background check laws. It is not legal advice, and it does not create an attorney-client relationship. Statutes change, so consult Kansas employment counsel before you set or revise hiring policy. BCS Background Screening LLC is a consumer reporting agency, not a law firm. Revised October 2026.