Federal Law (FCRA)
The Fair Credit Reporting Act (FCRA) establishes the federal minimum requirements for employment background checks, including disclosure and authorization requirements, consumer rights, and the adverse action process. Many states impose additional requirements that employers must also follow.
Read FCRA Overview →Kansas: Key Requirements
Scroll to view all requirements below.
Ban the Box / Fair Chance Hiring
Kansas does not have a statewide ban the box or fair chance hiring law for private employers. Private employers may ask about criminal history on the initial job application and at any stage of the hiring process.
Criminal Record Lookback Period
Kansas has no state law limiting how far back a criminal background check can go. Employers must follow the federal FCRA baseline.
Reporting Restrictions
Kansas has not adopted a mini FCRA or other comprehensive state consumer reporting law. Employers must follow the federal FCRA baseline.
Expunged / Sealed Records
Kansas allows many convictions, arrests, and diversion agreements to be expunged after a waiting period, generally 3 years for lower level offenses and 5 years for more serious ones, measured from completion of the sentence. Violent crimes, sexual offenses, and offenses requiring sex offender registration are not eligible. Once expunged, a record is not accessible to private employers, and the applicant may lawfully deny that the arrest or conviction occurred.
Salary History Ban
Kansas does not have a salary history ban. Employers may ask applicants about their previous pay.
Credit Report Restrictions
Kansas does not restrict an employer's use of consumer credit reports in hiring decisions.
Bankruptcies
Kansas has no state law limiting the reporting of bankruptcies. Employers must follow the federal FCRA baseline.
Civil Judgments & Lawsuits
Kansas has no state law limiting the reporting of civil judgments or lawsuits. Employers must follow the federal FCRA baseline.
Tax Liens & Collections
Kansas has no state law limiting the reporting of paid tax liens or collection accounts. Employers must follow the federal FCRA baseline.
Marijuana / Drug Testing Protections
Kansas has not legalized marijuana for medical or recreational use. Employers may test for marijuana, enforce a zero tolerance policy, and take adverse action based on a positive result, with no cardholder or off duty use exceptions.
Pre-Adverse Action Notice & Waiting Period
Kansas has no state law setting a specific waiting period before taking adverse action. Employers must follow the federal FCRA baseline.
Adverse Action Notice Requirements
Kansas has no state law adding to the federal adverse action notice process. Employers must follow the federal FCRA baseline.
Authorization Requirements
Kansas has no state law governing background check authorization. Employers must follow the federal FCRA baseline.
Individualized Assessment
No statute. EEOC guidance under Title VII applies.
Childcare & Adult Care Facility Screening
Kansas requires a fingerprint based criminal history and child abuse and neglect registry check, renewed every 5 years, for anyone residing, working, or regularly volunteering at a licensed child care facility. A similar background check requirement applies to adult care homes.
Unless otherwise noted, the information on this page applies to private sector employment. Government employers and certain regulated industries may be subject to additional or different requirements.
Local Ordinances That May Apply
Click a jurisdiction below to view full details.
No Local Ordinances
No known local ordinances affecting private sector background checks or hiring practices have been identified in Kansas at this time.
This list reflects known local ordinances at the time of publication and may not be exhaustive. Employers should confirm requirements for every city or county where they hire.
What This Means for Employers
Kansas gives employers wide latitude, but a few requirements still apply. To stay compliant:
Provide a clear disclosure and obtain written authorization before running a background check. Do not ask about or consider expunged criminal records; an applicant may lawfully deny an expunged arrest or conviction. Run the required fingerprint based background check before hiring for any childcare or adult care facility role, and renew it every five years. Follow the FCRA's pre-adverse and final adverse action process before denying employment based on a report. Marijuana use does not need to be accommodated for any applicant or employee.Non-compliance can result in civil penalties, damages, and legal liability under both state and local law.
Download the Kansas Quick Reference Guide
Get a printable, one-page comparison of FCRA vs. Kansas law.