State law · For employers
Kansas background check laws for employers
What Kansas law says about background checks for employment, beyond the federal Fair Credit Reporting Act (FCRA). Each section shows the rule, who it covers, its exceptions and the law it comes from.
Reviewed
Primary sources
9 laws cited
At a glance
The Kansas rules on each topic, in one line. Federal law applies to every topic.
| Topic | Kansas rule |
|---|---|
| Criminal history questions | Kansas has no ban-the-box timing rule for private employers. |
| Limits on what a report includes | Kansas has its own obsolescence rule. A consumer reporting agency may not report arrests, indictments, or convictions more than seven years old, counted from disposition, release, or parole. |
| Sealed and expunged records | Kansas has no automatic sealing or expungement. Relief is by petition under K.S.A. 21-6614. |
| Credit checks | No state rule. Federal law applies. |
| Salary history | No state rule. Federal law applies. |
| Cannabis | No state rule. Federal law applies. |
| Drug testing procedures | No state rule. Federal law applies. |
| State consumer reporting law | Kansas has a state consumer-reporting act at K.S.A. 50-701 to 50-722 (1973). |
When you may ask about criminal history
Who it covers: All employers and prospective employers (no size threshold)
In force since: July 1, 1997
Kansas has no ban-the-box timing rule for private employers. An employer may ask about criminal history on the application. Two statute rules apply. An employer may not require an applicant to inspect or challenge their own criminal history record to get a copy for the employer (a class A misdemeanor). An employer may instead have the applicant sign a release so the employer can get the record from the KBI. An employer is not liable for a hiring decision based on that record if the record reasonably bears on trustworthiness or on the safety or well-being of employees or customers.
K.S.A. 22-4710(a) · K.S.A. 22-4710(c) · K.S.A. 22-4710(f) · Executive Order 18-12 (Gov. Colyer, May 2, 2018), governor's press release (NELP-hosted copy)
What a background check report may include
Who it covers: Consumer reporting agencies furnishing reports on Kansas consumers
In force since: January 1, 1974
Kansas has its own obsolescence rule. A consumer reporting agency may not report arrests, indictments, or convictions more than seven years old, counted from disposition, release, or parole. Bankruptcies drop after 14 years. The limit does not apply when the job pays, or is expected to pay, $20,000 or more a year. That threshold is far below the federal $75,000 one, so for most jobs the Kansas rule adds nothing to the federal FCRA.
Exceptions
- Employment at an annual salary of $20,000 or more
- Credit transactions of $50,000 or more
- Life insurance of $50,000 or more
Sealed and expunged records
Who it covers: All employers (the rule governs what the applicant may say)
In force since: July 1, 2026
Kansas has no automatic sealing or expungement. Relief is by petition under K.S.A. 21-6614. Once a record is expunged, the person may state on a job application that the arrest, conviction, or diversion never happened. The exception is a short list of licenses and jobs where the person must still disclose it if asked. The statute does not bar an employer from asking.
Exceptions
- Applications listed in 21-6614(i)(2), e.g., private detective and private patrol security work, KDADS institution employment, law practice, Kansas lottery and gaming employment, commercial driver’s licenses, securities registration, law enforcement employment, bail enforcement licensing, and (from July 1, 2026) insurance producer or public adjuster licensing when the record is a fraudulent insurance act
K.S.A. 21-6614(k)(1) · K.S.A. 21-6614(i)(2) · 2026 SB 430, Sec. 2 (K.S.A. 21-6614(i)(2)(L)), 2026 Kan. Sess. Laws ch. 157
The state consumer reporting law
Who it covers: Consumer reporting agencies and users of reports in Kansas
In force since: January 1, 1974
Kansas has a state consumer-reporting act at K.S.A. 50-701 to 50-722 (1973). It tracks the original federal FCRA: permissible purposes (including employment), obsolescence limits, compliance procedures, and misdemeanor penalties. It adds no employer disclosure or authorization step beyond federal law, no investigative-report rule beyond the federal one, and no CRA registration.
K.S.A. 50-701 · K.S.A. 50-703 · K.S.A. 50-702(g) · K.S.A. 50-720
Where federal law alone applies
We found no Kansas rule for private employers on these topics. The FCRA and other federal laws still apply.
- Credit checks
- Salary history
- Cannabis
- Drug testing procedures
Adverse action notices
Before you reject or act against someone because of a background check report, the FCRA requires a pre-adverse action notice, a wait, and then a final notice. The adverse action letter generator writes both notices and adds the Kansas requirements where they apply.
The waiting period calculator gives the date under the federal rule.
Paperwork at hire
Besides the federal Form I-9 and W-4, Kansas sets these for each new hire.
- State withholding. Have each new hire complete Form K-4; if you do not receive one, withhold Kansas tax at the Single rate with no allowances. Form K-4
- New hire report. Report each new hire to Kansas within 20 days. State new hire reporting
- Notices at hire. Kansas adds none beyond the federal forms that every employer gives.
Build the new hire checklist for Kansas, with city rules, special cases and a due date for each item.
Sources
- K.S.A. 22-4710(a)
- Executive Order 18-12 (Gov. Colyer, May 2, 2018), governor’s press release (NELP-hosted copy)
- K.S.A. 50-704(a)(5)
- K.S.A. 21-6614(k)(1)
- 2026 SB 430, Sec. 2 (K.S.A. 21-6614(i)(2)(L)), 2026 Kan. Sess. Laws ch. 157
- K.S.A. 50-701
- K.S.A. 50-703
- K.S.A. 50-702(g)
- K.S.A. 50-720
Last reviewed · General information, not legal advice.
After the hire
Once a background check clears, payroll and onboarding come next. Rippling (paid link) runs payroll, benefits and onboarding from one employee record.