An Employer’s Guide to Kansas Background Checks

Employers in Kansas may choose to conduct background checks for a variety of important reasons.  From reducing potential risks to confirming a candidate’s qualifications, background checks are a valuable tool used by many organizations across the state. These checks can cover several areas, including criminal history, credit reports, and educational credentials. 

Not every employer will investigate every aspect of a candidate’s background.  However, when used appropriately during the hiring process, background checks can help employers make more informed decisions and identify candidates who are best suited for a role. 

Read on to discover what you need to know before conducting a background check and Kansas's rules and laws that are crucial to follow. 

What Is a Kansas Background Check?

A background check involves reviewing public records, databases, and other information sources to verify details about a prospective employee. In Kansas, employers commonly use background checks to help reduce potential risks during the hiring process. 

For example, if a role involves driving or responsibility for the safety of clients or customers in a vehicle, conducting a driving record check is essential.  Failing to do so could lead to insurance complications or reputational damage in the event of an accident.  

Not every position requires an extensive background check. Depending on the role, certain checks - such as criminal history or credit reports - may not be relevant. However, some employers may still choose to review these areas to support workplace safety and maintain company standards. 

While background checks are a valuable tool for identifying suitable candidates, requirements can vary by industry and role. Regardless of the scope of the check, employers must always obtain consent from the candidate before proceeding, in accordance with applicable laws and regulations.

What Shows up on a Kansas Background Check?

What a background check includes will depend on the type of screening you choose to conduct. Every role and industry has different requirements, meaning the aspects of a candidate’s history you verify may vary accordingly.  

Before beginning the process in Kansas, it is important to understand what a background check can include and determine which elements are relevant to the position.  This ensures your screening is both effective and appropriate for the role.

• Education Verification - Education verification confirms an individual’s academic history, including institution names, addresses, contact information, dates of attendance, and certificates earned. Employers use these checks to validate a candidate’s qualifications and ensure the accuracy of the information provided.
• Criminal History - Criminal history checks identify a candidate’s pending criminal cases and convictions, including details such as the offense type, date, and severity. While this information may be considered during the hiring process, the presence of a criminal record does not automatically disqualify a candidate from employment. 
• Civil Records Check - Civil court checks investigate a candidate’s involvement in lawsuits, foreclosures, restraining orders, and other civil matters. Employers commonly use these screenings when evaluating candidates for financial or managerial positions. 
• Motor Vehicle Records - If included within the scope of the background report, a Motor Vehicle Report (MVR) searches the state of Kansas Department of Motor Vehicles (DMV) to verify the status of the provided driver’s license information and identify any driving-related violations or reported accidents. The report outlines the type of license held by the candidate, along with any endorsements. The scope of results returned covers 3 years of driving history.
• Employment Verification - Employment verifications confirm a candidate’s prior work history, including employer names, addresses, contact information, dates of employment, and positions held. Employers use these checks to identify gaps in employment and detect omitted employers. 
• Credit History Check - Credit checks review a candidate’s credit history, including payment patterns, accounts in collection, and bankruptcies. Employers use these search components to assess financial responsibility,  particularly for roles involving financial oversight.  
• Identity Verification - AI poses an increasing problem in the world of identity theft. With it becoming more difficult to decipher fact from fiction, it’s never been more important to verify the identity of your prospective employee. That’s why ScoutLogic ensures that with our identity verification checks, your candidate’s government issued documents or biometrics are compared against trusted databases. 

How Far Back Does a Kansas Background Check Go?

How far back a background check goes depends largely on the rules set by the Fair Credit Reporting Act (FCRA) and applicable Kansas Laws. 

Under the Fair Credit Reporting Act, most non-conviction information is subject to a seven-year reporting limit for positions paying under $75,000 per year.   This can include non-conviction information, civil judgments, liens and certain other adverse information.  

Kansas limits the reporting of criminal conviction information to seven years, which is more restrictive than what many other states allow. However, Kansas waives this seven-year time limit if the applicant is reasonably expected to earn $20,000 or more annually. 

How Long Do Background Checks Take in Kansas?

Conducting a background check in Kansas on your own can quickly become a time-consuming and complex process. Depending on the depth of information required, you may spend weeks - or even months - contacting institutions, navigating databases and gathering records.

Even for relatively straightforward checks, such as verifying an employee’s education, the process involves reaching out to multiple institutions and compiling documentation manually.   During a hiring process, these delays can disrupt your workflow and slow down decision-making.

To avoid these challenges, partnering with experienced professionals like ScoutLogic can streamline the process.  Our expertise allows you to access accurate, compliant, and comprehensive information efficiently, helping you make informed hiring decisions without unnecessary delays. 

Kansas Background Check Laws & Requirements

Fair Credit Reporting Act (FCRA)

The Fair Credit Reporting Act (FCRA) is a critical federal law to understand when conducting background checks in Kansas. Its primary purpose is to protect both employers and prospective employees throughout the screening process. 

Enacted in 1970, the FCRA establishes strict guidelines to safeguard the privacy of personal information and ensures that background checks can only be conducted with the candidate’s written consent.   This means that initiating a background check without proper authorization is unlawful.

Before beginning any screening, employers must provide clear written notice to the applicant, outlining their intent to conduct a background check and specifying the type of information being requested.

One of the most important components of FCRA compliance is the adverse action process. If information uncovered during the background check may lead to a decision not to hire the candidate, the employer must first provide a pre-adverse action notice. This gives the individual an opportunity to review the findings and respond or dispute any inaccuracies.  Failing to follow this process can expose employers to legal risk, including potential lawsuits.

‘Ban the Box’ Policy 

Many states have adopted “Ban the Box” policies, which prohibit employers from asking about a candidate’s criminal history during the early stages of the hiring process.  The goal is to remove the checkbox that requires applicants to disclose prior convictions upfront, allowing them to be evaluated first on their skills and qualifications. 

In Kansas, however, “Ban the Box” policies only apply to positions within the state’s executive branch. Private employers are generally not subject to these requirements and may include questions about criminal history earlier in the hiring process, subject to other applicable laws.

Even where not mandated, these policies play an important role in promoting fair hiring practices by helping ensure candidates are considered based on their abilities rather than assumptions or stigma related to their past.

Limitations on Reporting

In Kansas Statutes Annotated §50-704 a 7 year rule limits how far back certain information can be reported in background checks.

Under this law, consumer reporting agencies are restricted from reporting certain adverse information - such as non-convictions, civil judgements and other non-conviction data - if its more than 7 years old.  

There is an exception tied to salary thresholds; for positions with higher compensation, some older information may still be reportable.  Because these rules can be nuanced, employers should take care to understand what can legally be reported and ensure compliance with both state law and the Fair Credit Reporting Act (FCRA).

Rejection of Candidate 

While Kansas law allows employers to consider criminal history information, best practice - and guidance from the Equal Employment Opportunity Commission (EEOC) - is that any decision based on a background check should be job related and consistent with business necessity.

This means employers should evaluate whether the information uncovered is directly relevant to the responsibilities of the role.  For example, issues related to a driving record may be relevant for a position that involves operating a vehicle, but far less so for a role with no driving responsibilities.  

Applying this kind of targeted assessment helps reduce the risk of discriminatory hiring practices and supports fairer outcomes for candidates, particularly those with prior convictions who may already face barriers to employment. It also aligns with compliance expectations under the Fair Credit Reporting Act (FCRA), especially when adverse action decisions are involved.

Expunged Convictions

In Kansas, arrests or convictions that have been legally expunged are not reported background checks conducted by consumer reporting agencies. Expungement effectively removes the record from public access, meaning it should not appear in standard employment screenings. 

Additionally, individuals whose records have been expunged are typically permitted to legally answer “no” when asked about prior arrests or convictions on job applications.  This protection is designed to give individuals a fair opportunity to move forward without being penalized for past offenses that have been cleared through the legal process.

Frequently Asked Questions

What shows up on a Kansas background check?

The information included in a background check in Kansas will vary depending on the type of  screening being conducted. Employers can tailor checks to verify specific details, such as a candidate’s education history or previous employment.

In addition to these standard verifications, more comprehensive background checks may include criminal history records, credit reports and civil court records.   When obtaining this type of information through a third-party provider, employers must comply with the Fair Credit Reporting Act (FCRA), which governs how such data is collected, used, and disclosed.

Selecting the appropriate level of screening allows employers to gather relevant information while maintaining compliance and respecting candidate privacy.

Final Thoughts

Knowing how to properly conduct a background check in Kansas is an essential part of the hiring process. Background checks can help verify a wide range of information, from criminal history to educational qualifications, ensuring you make informed and confident hiring decisions.