Kansas Background Check Laws
KS Employer Compliance Guide
Navigating Kansas background check laws requires careful attention to state-specific regulations to ensure full compliance and avoid legal pitfalls.
Content updated
Kansas background check laws at a glance
- Does Kansas have a ban-the-box law?
- No statewide ban-the-box law. Kansas employers follow federal FCRA and EEOC guidance, plus any local ordinance.
- Can employers ask about salary history?
- No statewide salary history ban in Kansas. Local rules may still apply.
- How far back can a background check go?
- Kansas law does not impose specific statewide limitations on the reporting timeframe for criminal convictions in employment background checks, beyond what is stipulated by the federal FCRA. The FCRA generally prohibits reporting non-conviction information (e.g., arrests not leading to conviction) that is more than seven years old, and civil suits, civil judgments, paid tax liens, accounts placed for collection, and records of arrest that are more than seven years old. However, conviction records can generally be reported indefinitely under the FCRA for employment purposes, unless state law dictates otherwise. Kansas does not have such a state law for most employment. For positions with salaries of $75,000 or more, the FCRA's 7-year limitation on adverse information (excluding convictions) does not apply.
- Governing statutes
- K.S.A. 21-6614; K.S.A. 44-1001 et seq. (Kansas Act Against Discrimination)
Employers in Kansas must meticulously adhere to both federal and state-specific regulations when conducting background checks on prospective and current employees. Non-compliance can lead to significant legal challenges, including lawsuits, fines, and reputational damage. Understanding the nuances of Kansas law, particularly regarding criminal history inquiries and reporting, is crucial for maintaining a fair and lawful hiring process. This guide provides a comprehensive overview of Kansas's background check landscape, highlighting key statutes, reporting limitations, and specific rules that employers must follow. By staying informed and implementing compliant screening practices, businesses can make informed hiring decisions while respecting applicants' rights and avoiding discriminatory practices.
Ban-the-Box Laws
Kansas does not have a statewide 'ban-the-box' law that restricts when employers can inquire about an applicant's criminal history. Public and private employers are generally permitted to ask about criminal convictions at any stage of the hiring process, subject to federal EEOC guidance.
State FCRA Variations
Kansas law does not significantly vary from or add to the federal Fair Credit Reporting Act (FCRA) concerning employment background checks. Employers must still comply with all FCRA requirements, including obtaining proper consent, providing pre-adverse action notices, and adverse action notices when using consumer reports for employment decisions.
Reporting Limitations
Kansas law does not impose specific statewide limitations on the reporting timeframe for criminal convictions in employment background checks, beyond what is stipulated by the federal FCRA. The FCRA generally prohibits reporting non-conviction information (e.g., arrests not leading to conviction) that is more than seven years old, and civil suits, civil judgments, paid tax liens, accounts placed for collection, and records of arrest that are more than seven years old. However, conviction records can generally be reported indefinitely under the FCRA for employment purposes, unless state law dictates otherwise. Kansas does not have such a state law for most employment. For positions with salaries of $75,000 or more, the FCRA's 7-year limitation on adverse information (excluding convictions) does not apply.
Expungement & Record Sealing
In Kansas, expunged or sealed criminal records are generally not accessible to the public and should not be reported by background check providers. Employers should treat expunged records as if they never occurred. Kansas law (K.S.A. 21-6614) allows for the expungement of certain conviction and non-conviction records. Employers should be cautious about using information that has been expunged, as accessing or using such information could be problematic.
Local Fair Chance Ordinances
Kansas does not have a statewide 'fair chance' hiring law beyond the absence of a ban-the-box mandate. Employers are encouraged to follow EEOC guidance, which suggests individualized assessments of criminal history in employment decisions.
Key Screening Rules
Comply with FCRA for all 'consumer reports'.
Do not inquire about expunged records.
Adhere to EEOC guidance on criminal records.
Ensure accuracy of information.
Maintain confidentiality of background check information.
Frequently Asked Questions: Kansas
Does Kansas have a ban-the-box law for private employers?
No, Kansas does not have a statewide ban-the-box law that applies to private employers. Private employers are generally permitted to inquire about criminal history at any stage of the hiring process.
Can I ask about an applicant's salary history in Kansas?
Yes, Kansas law does not prohibit employers from asking about an applicant's salary history.
Are there any limitations on reporting criminal convictions in Kansas?
Kansas law does not impose specific statewide limitations on reporting criminal convictions beyond the federal FCRA. Conviction records can generally be reported indefinitely, though non-conviction information may be limited to seven years.
How should I handle expunged records in Kansas?
Expunged records should not be considered in employment decisions. They are legally treated as if they never happened and should not be reported by background check providers.
Do I need to comply with the FCRA in Kansas?
Yes, if you use a third-party company to conduct background checks (which are considered 'consumer reports' under the FCRA), you must comply with all federal FCRA requirements, including disclosure, consent, and adverse action procedures.
Key Statutes
K.S.A. 21-6614
— Pertains to the expungement of criminal records in Kansas, making such records generally unavailable to the public and employers.
K.S.A. 44-1001 et seq. (Kansas Act Against Discrimination)
— Prohibits discrimination in employment based on various protected characteristics, which can indirectly apply to how criminal records are used if their application has a disparate impact.
Sources for this Kansas guide
Statutes change. Confirm the current text on the issuing agency's own site before relying on it for a hiring decision.
Kansas primary authority
- Kansas Legislature and state code
Kansas Legislature · link checked 2026-09-17
Federal authority
- Fair Credit Reporting Act (revised March 2026), § 605 [15 U.S.C. § 1681c]
Federal Trade Commission · March 2026 text read via web retrieval; direct fetch returned 404 on 2026-10-08; not legal review
- 15 U.S.C. § 1681c — Requirements relating to information contained in consumer reports
U.S. Government Publishing Office · link checked 2026-09-17
- 16 CFR Part 698 — Model Forms and Disclosures (FCRA)
National Archives — eCFR · link checked 2026-09-17
- 15 U.S.C. § 1681c (annotated text)
Cornell Legal Information Institute · link checked 2026-09-17
Legal disclaimer. This Kansas guide is general information about employment screening law, not legal advice, and it does not create an attorney–client relationship. State and local requirements change, often apply only to certain employers or job types, and can be preempted or supplemented by local ordinances. DatabaseRecords is a records-research and investigative firm, not a law firm. Consult qualified employment counsel in Kansas before adopting or changing a screening policy.
States bordering Kansas
Employers hiring across state lines must follow the law of each state where the applicant applies or will work. Compare Kansas with its neighbors:
Screening services for Kansas employers
- Employment background checks
- Employment verification
- Driving records (MVR)
- Drug testing
- Education verification
- Tenant screening
See the U.S. Employment Screening Law Center, the 50-state compliance library, our FCRA compliance overview, or how far back background checks go in Kansas.
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