Employers in Kansas who run background checks have to work within two layers of law. The first is the federal Fair Credit Reporting Act, which sets the baseline for any employer using a third party consumer reporting agency. The second is Kansas state law, which governs how criminal history record information is requested, released, and used. This guide walks through both layers so a hiring manager in Kansas knows what the rules actually require, and where Kansas has not legislated a rule at all.
This article is general information about Kansas and federal background check rules. It is not legal advice. Employers with specific hiring questions should talk to counsel licensed in Kansas.
The federal floor: FCRA disclosure, authorization and adverse action
Any Kansas employer that orders a background check through a consumer reporting agency, rather than doing its own informal research, is a “user” of consumer reports under the Fair Credit Reporting Act, 15 U.S.C. 1681b. Before ordering the report, the employer must give the applicant a clear, standalone written disclosure that a check will be conducted, and the applicant must sign a written authorization. The disclosure cannot be buried inside a general job application or handbook; it has to be its own document.
If the employer later decides not to hire, or to take another adverse action, based in whole or in part on the report, two more steps apply. Before the final decision, the employer must send a pre adverse action notice along with a copy of the report and a copy of the applicant’s Summary of Rights under the FCRA. After a reasonable waiting period, if the employer proceeds, it must send a second, adverse action notice naming the reporting agency and explaining the applicant’s right to dispute the report. This sequence is federal law and applies in Kansas exactly as it applies everywhere else.
What the FCRA says about older records
Section 15 U.S.C. 1681c limits how long certain items can appear on a consumer report prepared by a reporting agency. Civil suits, civil judgments, and records of arrest that did not result in a conviction generally cannot be reported after seven years. Convictions are not subject to that seven year limit under federal law; a conviction can generally be reported regardless of age, unless a state law sets a shorter limit for reports prepared in that state. Kansas has not enacted a statute shortening the FCRA’s conviction reporting window, so the federal rule controls for reports on Kansas applicants.
Employers should also know that when they request an “investigative consumer report,” meaning one involving interviews about a person’s character, reputation, or mode of living, 15 U.S.C. 1681k places additional notice and accuracy obligations on the reporting agency. Most routine employment checks are not investigative reports in this sense, but employers ordering reference or character interviews through a third party should know the distinction exists.
Kansas criminal history record checks through the KBI
Kansas centralizes criminal history record information through the Kansas Bureau of Investigation. The KBI’s criminal history record check program lets an individual, or an employer with the individual’s signed authorization, request a Kansas criminal history record for employment purposes. This state level check reflects dispositions recorded with Kansas courts and the KBI, which differs from a county court search or a national database product, and none of those sources are promised complete or identical.
State law separately addresses how employers may use criminal history record information once they have it. Under K.S.A. 22-4710, an employer may require an applicant or prospective independent contractor to sign a release allowing the employer to obtain criminal history record information to assess fitness for the position. The statute makes it a misdemeanor for an employer to instead require the applicant to personally obtain and hand over a copy of their own record. The same section protects an employer from liability for a decision based on criminal history record information, as long as the information reasonably bears on the applicant’s trustworthiness or on the safety of employees or customers.
Expungement under Kansas law
Kansas allows many convictions, arrest records, and diversion agreements to be expunged through a court petition process under K.S.A. 21-6614. For most traffic infractions, misdemeanors, and lower level felonies, a petition can generally be filed once at least three years have passed since the sentence was completed or the person was discharged from probation, parole, or similar supervision. Some offenses carry longer waits and some are not eligible at all. Once a Kansas court grants expungement, the record is treated under state law as if the arrest, diversion, or conviction had not occurred for most purposes, though the statute sets out exceptions where certain licensing bodies or law enforcement may still access it. Employers should not ask applicants to disclose a lawfully expunged conviction and should rely on current KBI or court record checks rather than assume what is or is not still visible.
Ban the box: no general Kansas statute
Kansas has not passed a statewide ban the box law that applies to private employers generally. Some individual Kansas cities, counties, or public agencies may have adopted their own hiring policies that delay criminal history questions to a later stage of the process, but there is no single statute requiring every employer in the state to follow a uniform rule the way some other states have enacted. Employers that have heard about a Kansas policy limited to state government hiring should confirm the current scope of any such policy directly with the issuing agency rather than assume it binds private sector hiring, since Kansas has not codified a general private employer ban the box requirement in statute.
Kansas Open Records Act and criminal history
The Kansas Open Records Act generally makes records held by public agencies open for inspection, but K.S.A. 45-221 lists categories a public agency is not required to disclose, including records restricted by other state statute or federal law. Criminal history record information maintained by the KBI or courts is not simply available to the public on request; access is governed by the KBI’s program rules and by K.S.A. 22-4710, not by a general open records request.
Kansas employer background check rules at a glance
| Topic | Kansas rule | Primary source |
|---|---|---|
| Ban the box scope | No general statewide statute for private employers; any local or agency specific policy should be confirmed directly with that agency | No statute found; see KBI and K.S.A. 22-4710 |
| Conviction reporting lookback | No Kansas statute shortens the federal lookback; convictions are not subject to the FCRA’s seven year limit | 15 U.S.C. 1681c |
| Expungement statute | Court petition process, generally three years or more after sentence or supervision ends, with offense specific exceptions | K.S.A. 21-6614 |
| Employer use of criminal history | Employer may require a signed release to obtain records; may not require the applicant to personally produce their own record as a condition of consideration | K.S.A. 22-4710 |
| Drug testing statute | No general private sector pre employment drug testing statute identified for Kansas; employers should rely on their own policy and federal rules that apply to regulated positions | Not found in Kansas statute; confirm with counsel for regulated roles |
Where federal disability and discrimination law fits in
The Americans with Disabilities Act and Title VII also shape how a Kansas employer can use background information. The EEOC’s current guidance explains that medical and disability related inquiries are restricted at the pre offer stage under the ADA, and that blanket exclusion policies based on arrest or conviction records can raise discrimination concerns under Title VII if they are not job related and consistent with business necessity. The EEOC withdrew its 2012 enforcement guidance on arrest and conviction records in late October 2026, so employers should rely on current materials, including the EEOC’s laws and guidance page and its background check overview for employers. Employers generally may be able to consider a conviction clearly related to the job, but should consult counsel before adopting any blanket exclusion rule.
Frequently asked questions
Does Kansas require a separate disclosure form before a background check?
The disclosure and authorization requirement comes from federal law, not a Kansas specific statute. Under the FCRA, an employer using a consumer reporting agency must give the applicant a clear written disclosure in a document that consists solely of the disclosure, and obtain written authorization, before requesting the report.
Can a Kansas employer see an expunged conviction?
Once a Kansas court grants expungement under K.S.A. 21-6614, the record is generally treated as if the underlying arrest, diversion agreement, or conviction did not occur, subject to specific statutory exceptions. Employers should not ask applicants to disclose a lawfully expunged record and should base hiring decisions on current, lawfully obtained record checks.
Is there a Kansas law requiring employers to wait to ask about criminal history?
No general Kansas statute requires private employers to delay criminal history questions. Some local governments or state agencies may have their own internal hiring policies, but there is no statewide ban the box law that binds private employers generally.
How does an employer get a Kansas criminal history record on an applicant?
The Kansas Bureau of Investigation offers a criminal history record check program that an individual or an authorized requester can use. Under K.S.A. 22-4710, an employer may require the applicant to sign a release so the employer can obtain the record directly, rather than requiring the applicant to personally retrieve and hand over their own record.
Do Kansas employers have to send a copy of the report before taking adverse action?
Yes, under the federal FCRA. Before denying employment or taking another adverse action based on a background check, the employer must send a pre adverse action notice with a copy of the report and the Summary of Rights, then wait a reasonable period before finalizing the decision and sending a second adverse action notice.
Does Kansas limit how far back a conviction can be reported?
Kansas has not enacted a statute shortening the federal reporting window for convictions. Under the FCRA, the seven year limit applies to civil suits, civil judgments, and non conviction arrest records, not to convictions themselves, so a Kansas consumer reporting agency generally follows the federal rule on convictions.
Related reading
For a walkthrough of the screening process from request to report, see our employee background check guide. For how a different kind of cleared record is handled, see does a pardon show up on a background check. To learn more about Reveal Background’s FCRA compliant screening programs, visit revealbackground.com.
This article provides general information about Kansas and federal background check law as of the publication date and is not legal advice. Laws and agency guidance change, and employers should confirm current requirements with qualified counsel before adopting a screening policy.
