Kansas has a statewide law that requires that any employer seeking a background check on a job applicant disclose to that applicant, in writing, the exact nature of the information that will be requested.
There is a seven-year limitation on criminal records that may be reported, if the salary of the position is less than $20,000. This notification must be provided within three days of requesting the report.
Further, any employer that denies employment on the basis of information provided in a consumer report is required to notify the job applicant, in writing, providing the name and address of the CRA that prepared the report, and how they can obtain additional copies of the report.
There is no statewide Ban the Box/Fair Chance law in Kansas.
Kansas law allows people with prior criminal history to petition the courts to have certain types of convictions expunged. If expungement is granted, the individual is treated as not having been arrested, or convicted, for that crime, and is not required to disclose any information on that crime to potential employers.
In May 2018, the Kansas governor issued Executive Order 18-12, banning the box on all job applications under the jurisdiction of executive branch hiring.
In May 2016, the Johnson County Board of County Commissioners endorsed the County Manager’s decision to remove questions about criminal history from the early stages of the application process, with the exception of applications for public safety positions. Background checks in Kansas are only requested after a conditional offer of employment has been made.
In November 2014, the Unified Government (UG) Board of Commissioners for Kansas City and Wyandotte County, Kansas (“KCK”) unanimously passed an ordinance banning the box on UG employment applications.
Additionally, individualized assessments of background check information will be subject to the EEOC criteria.
In July 2015, Topeka banned the box on City job applications. Background checks are performed on all job applicants who are issued a conditional offer of employment.
The EEOC criteria are applied in individualized assessments of the background check information obtained. If the conditional offer is withdrawn, the City provides the applicant with notification and a copy of their background check report.
The applicant is provided with an opportunity to provide accurate information, correct errors, or explain mitigating circumstances.
In July 2015, Wichita banned the box on City job applications, with the exception of law enforcement and public safety positions. Background checks are only requested after an offer of conditional employment is made.
Law enforcement position background checks will be conducted prior to a conditional offer of employment. The EEOC criteria are applied in evaluating information contained in background checks.
Cities Include: Wichita, Overland Park, Kansas City, Olathe, Topeka, Lawrence, Shawnee, Manhattan, Lenexa and more.
Note: This information is not intended to be legal advice. Please consult with your own legal counsel for advice related to your state/locality.