Kansas Background Check: Laws & Screening Guidelines

Ensuring trustworthiness is crucial for employers, landlords, and organizations. Background checks assist by examining an individual’s history, revealing critical details such as criminal records, employment history, and education. In Kansas, these checks are essential for making informed and safe hiring decisions.

This guide outlines how to conduct background checks in Kansas, the types of information available, relevant laws, and the necessary steps for obtaining these checks. We will also recommend top background check services and provide tips to ensure they are conducted legally and accurately.

What Is a Kansas Background Check?

A Kansas background check is a comprehensive review of an individual’s history, commonly used by employers, landlords, and other entities to verify a person’s background. These checks may include criminal records, employment history, education verification, and additional relevant information. In Kansas, background checks are essential for ensuring safety and reliability by providing detailed information about an individual’s past, aiding in informed decision-making for hiring, renting, and other purposes.

How Do I Get a State Background Check in Kansas?

Here’s a step-by-step guide to help you through the background check process:

1. Determine the Type of Check Needed: Decide whether you need a name-based check or a fingerprint-based check. Name-based checks are quicker but less accurate, while fingerprint-based checks are more thorough.
2. Visit the official website: Go to the Kansas Bureau of Investigation (KBI) website to access the necessary forms and instructions.
3. Complete the Request Form: Fill out the request form with accurate details. You’ll need to get fingerprinted at a local law enforcement agency for a fingerprint-based check.
4. Submit the Form and Payment: Submit the completed form along with the required payment. For name-based checks, you can do this online. For fingerprint-based checks, you may need to mail the form and fingerprints.
5. Wait for Processing: The processing time can vary. Name-based checks are usually faster, often taking a few days, while fingerprint-based checks can take a couple of weeks.
6. Receive the Report: Once processed, you’ll receive the background check report, either electronically or by mail.

What Shows up on a Kansas Background Check?

A Kansas background check can reveal wide information depending on the level. Here are the common types of background checks and what typically shows up:

Education Verification

Education background checks confirms the educational background of an individual. This check will show:

• Schools Attended
• Degrees earned
• Dates of attendance and graduation
• Certifications and honors

Driving Record Checks

Driving record checks provide a history of an individual’s driving behavior. This includes:

• Traffic violations
• DUIs or DWIs
• License status and suspensions
• Accidents and points on the license

Criminal Background Checks

Criminal background checks reveal an individual’s criminal history. This typically includes the following information:

• Felony and misdemeanor convictions
• Arrest records
• Pending charges
• Warrants
• Sex offender registry status

Drug Testing

Drug testing checks for the presence of illegal substances in an individual’s system. The results typically show:

• Types of drugs tested for (e.g., marijuana, cocaine, amphetamines)
• Test results (positive or negative)
• Date of the test

Civil Court Searches

Civil court searches uncover information about non-criminal cases involving the individual. This includes:

• Lawsuits and legal disputes
• Bankruptcy filings
• Restraining orders
• Divorce proceedings

Employment Verification

Employment verification confirms an individual’s work history. This typically includes:

• Previous employers
• Job titles and roles
• Dates of employment
• Reasons for leaving
• Performance and Conduct

Credit Background Checks

Credit background checks provide insight into an individual’s financial history. This includes:

• Credit score
• Outstanding debts
• Loan and credit card accounts
• Payment history
• Bankruptcies and liens

What Are the Background Check Laws in Kansas?

Kansas has a variety of laws in place to regulate background checks and ensure they are conducted fairly and legally. Here are the key laws you should be aware of:

• Kansas Consumer Protection Act (KCPA): the Kansas Consumer Protection Act replaces the earlier Buyer Protection Act and addresses issues of deception and misrepresentation in transactions. This act protects consumers by making it unlawful to mislead or deceive in the sale of merchandise. More information can be found here.
• Kansas Open Records Act (KORA): the Kansas Open Records Act mandates that public records are accessible to the public, promoting transparency. Requests for records generally need to be made in writing and may be submitted via email or other specified methods. Some records, particularly those containing private or privileged information, are exempt to protect individual rights. Learn more about KORA here.
• Kansas Criminal History Record Information (CHRI): Kansas Criminal History Record Information (CHRI) includes summaries of arrests and prosecutions. This information is essential for background checks related to employment, licensing, and legal processes. CHRI can be accessed through the Kansas Bureau of Investigation’s website, which provides details on conducting criminal history record searches. 
• Kansas Fair Credit Reporting Act (FCRA): the Kansas Fair Credit Reporting Act ensures that consumers’ credit information is reported fairly and accurately. This aligns with federal FCRA standards, ensuring privacy and the correct use of credit information in background checks. For more information, visit here.
• Kansas Human Rights Commission (KHRC) Guidelines: the Kansas Human Rights Commission (KHRC) works to prevent discrimination in employment practices within Kansas. They handle complaints, conduct investigations, and promote equal opportunity in hiring. Detailed guidelines and resources are available on the website.
• Ban-the-Box Law for Public Employers (Executive Order 18-12): Executive Order 18-12, also known as the Ban-the-Box law, prevents public employers from asking about an applicant’s criminal history on initial job applications. This law aims to provide fair employment opportunities by allowing applicants to be judged first on their qualifications. Read more about this order here.
• Kansas Expungement Statutes: Kansas expungement statutes allow individuals to have certain criminal records removed from public access, giving them a fresh start. The process and eligibility criteria for expungement can be found in the Kansas Statutes.
• Kansas Child Protection Act: the Kansas Child Protection Act mandates background checks for individuals working with children to ensure their safety. This includes thorough checks of criminal histories and other relevant records. More information is available on the Kansas Department for Children and Families website.
• Kansas Board of Regents Employment Policy: the Kansas Board of Regents requires background checks for employees at state universities to maintain a safe and secure educational environment. Their detailed employment policies can be accessed in the website.
• Kansas Bureau of Investigation (KBI) Fingerprint-Based Checks: the KBI offers fingerprint-based background checks, which are more detailed and accurate. These checks are typically used for official purposes, such as employment and licensing. For more information on the fingerprint card process, visit the KBI website.
• Kansas Uniform Consumer Credit Code (UCCC): the Kansas Uniform Consumer Credit Code regulates consumer credit transactions, ensuring fair practices and protecting consumers’ rights. This includes the use of credit information in background checks. More details can be found here.

These laws collectively ensure that background checks in Kansas are conducted fairly, transparently, and with respect for individuals’ rights.

How to Look Up Criminal Records in Kansas?

Individuals interested in obtaining Kansas criminal records can request them either online or via mail through the Kansas Bureau of Investigation (KBI). There are two primary methods for checking criminal records in Kansas:

1. Name-Based Record Check: This method involves submitting the individual’s name and other identifying information to search for their criminal history. It is faster but may not be as accurate as the fingerprint-based method.
2. Fingerprint-Based Record Check: This more precise method requires submitting the individual’s fingerprints. It is typically used for more official purposes, such as employment screening or licensing, and provides a more thorough background check.

How Far Back Does a Background Check Go in Kansas?

In Kansas, criminal conviction records are generally reported for the past seven years. However, there are exceptions based on the nature of the job and the expected salary.

If the candidate’s expected annual salary is $20,000 or more, the seven-year restriction does not apply, and older convictions may be reported. This allows employers hiring for higher-salary positions to obtain a more comprehensive view of a candidate’s criminal history.

Additionally, certain positions, such as those in law enforcement or childcare, may require more extensive background checks that exceed the seven-year limit regardless of the salary.

How Long Does a Background Check Take in Kansas?

The turnaround time for background checks in Kansas varies based on the category of check being performed:

• Name-Based Checks: these can typically be completed within a few hours to a couple of days, depending on the efficiency of the service provider.
• Fingerprint-Based Checks: these usually take longer, often ranging from a few days to a couple of weeks, due to the need for physical submission and processing of fingerprint data.

It’s important to consider these time frames when planning to run background checks, especially if the results are needed quickly for employment or other critical decisions.

How Much Does a Background Check in Kansas Cost?

The cost of a background check in Kansas can vary significantly based on the type of check and the service provider:

• Kansas Bureau of Investigation (KBI): an offender search through the KBI costs $20 per report. However, this does not cover out-of-state convictions or other details such as employment history or educational background.
• Online Providers: some services offer comprehensive and FCRA-compliant reports, and the cost can be higher depending on the depth of information required.
• Volume Discounts: for employers expecting to order multiple reports annually, volume discounts may be available. 

While free options exist, they often come with risks of inaccuracies and non-compliance with legal standards, making paid services a more secure choice.

Local Kansas Fair Hiring Laws

Fair hiring laws in Kansas are designed to ensure equal employment opportunities and prevent discrimination during the hiring process. These laws apply to various jurisdictions within the state and regulate how employers can use background check information about job candidates.

• Ban the Box: some cities in Kansas have implemented “Ban the Box” policies, which prohibit employers from asking about criminal history on job applications. This helps ensure candidates are evaluated based on their qualifications first.
• Fair Credit Reporting Act (FCRA) Compliance: employers must comply with the FCRA when conducting background checks, which includes obtaining the candidate’s consent and providing them with a copy of the report if any adverse action is taken based on the information.

Employers should be aware of these regulations to avoid legal issues and promote fair hiring practices.

Where To Get A Background Check In Kansas?

There are several ways to obtain a background check in Kansas, depending on your needs:

1. Kansas Bureau of Investigation (KBI): for official state criminal records, you can request reports online or by mail. This is a reliable source for in-state records.
2. Local Law Enforcement Agencies: you can also request criminal history information from local police departments or sheriff’s offices, especially for specific jurisdictions within Kansas.
3. Online Background Check Services: background check sites offer comprehensive basic checks by gathering data from different states, making them convenient for personal use.

Best Background Check Services 

If you’re looking for someone or need to run a background check on yourself to verify your personal information online, these are the best online providers:

1. TruthFinder
2. Instant Checkmate
3. BeenVerified 

1

TruthFinder

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TruthFinder has quickly become a top background check service, particularly for those needing detailed and comprehensive reports. By scanning millions of public and private records, TruthFinder provides in-depth information about criminal histories, social media profiles, and more. This makes it an excellent choice for those in Kansas seeking thorough background checks.

Pros

• In-depth reports
• User-friendly platform
• Offers dark web monitoring

Cons

• Higher subscription costs
• No option for one-time reports

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2

Instant Checkmate

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Instant Checkmate is a great background check service for those in Kansas who need extensive information on individuals. It covers criminal records, address history, and known alternative names, providing a thorough view of someone’s background. This service is especially useful for employers and individuals who need a reliable and detailed background information quickly and efficiently.

Pros

• Comprehensive criminal history reports
• Detailed social media and address information
• Intuitive and easy-to-use interface

Cons

• Subscription required for full access
• Occasional outdated information

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BeenVerified

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BeenVerified offers a fast and efficient way to access background information in Kansas.This service is great for both personal use and professional screening. With features like self-monitoring and public records access, BeenVerified makes it easy to get the information you need quickly and affordably. It’s a convenient tool for anyone needing reliable background checks.

Pros

• Quick access to public records
• Affordable pricing plans
• Huge database of information

Cons

• No identity theft recovery services
• Limited free information available

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Kansas State Background Check: Recap

It’s important to know and follow the background check laws in Kansas. This helps make sure you do these checks legally and correctly. Understanding these rules protects your organization and helps you make smart decisions about who to hire or rent to.

Using reliable background check websites is key to getting accurate information. These sites provide important details like criminal records and job history. Good background checks help keep your environment safe and trustworthy. Stay informed and choose reputable services for the best results.