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Governor Jeff Colyer signed a law that prohibits state employers from conducting criminal background checks until after an initial interview.

About This Law

A new law in Kansas known as Executive Order 18-12 decrees that within 90 days, all “Executive Branch departments, agencies, boards, and commissions under the jurisdiction of the Office of the Governor shall take action to ensure that, during the initial stage of a state employment application, job applicants shall not be asked whether they have a criminal record, and a criminal record shall not automatically disqualify an applicant from receiving an interview.”

This law does not apply to positions that cannot be held by individuals who have any type of criminal history. If an existing law decrees that applicants with “prior criminal conduct” are ineligible for hire, then a criminal inquiry may be conducted before an initial interview.

Executive Order 18-12 does not prohibit state employers from running criminal background checks. In most cases, however, it stipulates that a background investigation may only begin after an applicant has gone through the interview process. This law was put into effect immediately upon signing.

What Led To This Bill

In a Press Release, Governor Colyer stated: “Studies have shown that gainful employment is a major factor in reducing recidivism rate among former offenders. This is simply about treating people as individuals and allowing them to explain their circumstances at a later point in the process”.

The goal of this bill is to help people who have served sentences for criminal convictions as they try to find employment. It acknowledges that individuals who have criminal histories often have difficulties with obtaining jobs.

If a state employer can only check for criminal records after an interview, the applicant receives an opportunity to showcase their qualifications and eligibility for a specific position. This also broadens the applicant pool for employers and gives state agencies a chance to learn more about candidates who may be well suited for their job openings.

Growth Of The Ban The Box Movement

In 1998 Hawaii became the first state to pass a Ban The Box law. Since then, numerous states and cities have written and approved similar bills. While these laws are not consistent from place to place, they share the same underlying goal: to help job seekers who have minor, irrelevant or outdated conviction that could prevent them from finding employment.

The term Ban The Box comes from a once-common practice of asking about criminal records on employment applications. Job seekers were told to check a box if they had any type of arrest or criminal history. Those that did were unlikely to receive consideration.

By removing this box, candidates are expected to have a better opportunity to showcase their skills and eligibility. Many similar laws being passed today are also known as “fair chance” or “second chance” bills but they are considered to be part of an ever-growing Ban The Box movement in America.

Best Practices For Employers

Not every state has a Ban The Box or related law, but new fair chance bills are being passed regularly. Best practice is for employers to get ahead of this and implement relevant policies. This includes removing questions about criminal records from job applications and holding off on requesting background checks until after an interview is conducted.

Employers face a vast assortment of laws that cover hiring and background screening. At Backgrounds Online, we make efforts to keep up with these laws and provide educational resources to help our clients stay compliant. If your business is hiring, we can help accelerate the process and offer resources that enhance your compliance efforts. Please contact us Monday – Friday between 5am and 5pm for assistance.

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