Unlawful Acts Regarding Criminal History

Kansas Statute 22-4710 states: "It is unlawful for any employer or prospective employer to require a person to inspect or challenge any criminal history record information relating to that person for the purpose of obtaining a copy of the person's record in order to qualify for employment."

It also notes that an employer may: “Require a job applicant or a prospective independent contractor to sign a release allowing the employer to access the applicant's or independent contractor's criminal history record information for purposes of determining the applicant's fitness for employment.”

Obsolete Information

Law 50-704 states that consumer reports (such as background checks) used by employers may not contain:

  • Criminal records that are more than seven years old.
  • Bankruptcies that occurred more than fourteen years ago.
  • Paid tax liens that are more than seven years old.
  • Other adverse information that is more than seven years old.

Effective May 2, 2018

Ban The Box

Governor Jeff Colyer authorized a Ban The Box law for Kansas on May 2, 2018. It is intended to help individuals who have served sentences for criminal convictions and are now looking for gainful employment. This law, known as Executive Order 18-12 states:

  • That within 90 days of the order, 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."
  • That does not apply to positions in which a criminal record automatically renders an applicant ineligible. If an existing law prohibits a person with a conviction from holding a specific position, then it is acceptable to inquire about an applicant's criminal history prior to conducting an interview.
  • In all hiring scenarios, it is still legal to run a background check as a condition of employment.
  • Executive Order 18-12 became effective immediately once it was signed.
Backgrounds Online provides details about State Laws for informational purposes only. We do not provide legal services. Nothing on these pages or our site should be considered as legal advice or opinion.