Employers and many other people in Kansas use official background checks for criminal history data. Federal and state laws govern background checks and its essential that you familiarize yourself with them. This guide will let you in on everything related to a Kansas background check.
According to Kansas laws that require governmental organizations to make specific information publicly available, unofficial background checks are carried out by accessing public records. Finding out more about friends, enemies, neighbors, romantic interests, coworkers, and relatives is easy with the help of unofficial background checks.
Open Records Act of Kansas
According to the Kansas Open Records Act, all branches of the government are in charge of keeping records and making them accessible to the public. The law places restrictions on which documents can be made publicly available. Kansas citizens have access to a wide range of public records, including criminal, civil, and local records.
Kansas does not have many restrictions on background checks. According to state law, any member of the public may ask for a resident’s criminal history report. Neither an individual’s consent nor consent for the purpose of employment is required by law. The Equal Employment Opportunity Commission, which upholds federal law, advises a request for consent.
Kansas Data Repository
The main repository for criminal data is the Kansas Bureau of Investigation. All state-level Class A and B misdemeanor arrests and convictions, Class C assault charges and arrests, open cases, ongoing sentencing, and incarceration are all included in the records. Online court record searches are available from the Kansas District Courts, which is helpful for unofficial background checks. The service has a $1.50 per search subscription fee.
Background Check for Employment in Kansas
In Kansas, there are no restrictions on background checks. Background checks may be used by employers, and they may ask about arrests or convictions. Employers are unrestricted in their use of a variety of background checks.
Employers are permitted to request a credit history check, but they must disclose this to the applicant. Credit histories for employment purposes cannot include financial judgments older than seven years or bankruptcy filings older than 14 years.
In Kansas, former employers are well-protected from lawsuits resulting from the disclosure of prior employment. As long as the information is passed in good faith, former employers are permitted to share evaluations and reasons for termination with prospective employers.
Checks for Social Networking
Employers are not prohibited from looking for information about candidates on social media in Kansas. The login and password to current and potential employees’ social media accounts can be requested by employers.
Kansas Background Check Laws
Employers must strictly abide by all applicable federal and state laws when conducting pre-employment background checks in Kansas. If you don’t, you risk fines and legal repercussions.
Some of the most significant laws are listed below.
Federal Regulations on Background Checks for Jobs
Act on Fair Credit Reporting
The Fair Credit Reporting Act (FCRA), which was passed in 1970, was created to protect consumers’ privacy and the veracity of consumer information collected, stored, and reported by consumer reporting agencies (CRAs), which includes businesses that run employment background checks. This law also governs the collection, use, and dissemination of background check information by employers.
A background check must first be requested in writing from the applicant by the employer, who must also notify the applicant of its intention to do so.
An employer must go through the adverse action process before making a final adverse employment decision if they receive negative results from a pre-employment background check and decide not to hire the applicant on that basis.
The 1964 Civil Rights Act’s Title VII
The Civil Rights Act was ratified by former president Lyndon B. Johnson in 1964. This comprehensive anti-discrimination law forbids workplace discrimination based on a candidate’s or employee’s protected characteristics (Title VII).
The federal agency responsible for upholding Title VII is the U.S. Equal Employment Opportunity Commission. According to EEOC guidelines, each applicant’s arrest and conviction history must be evaluated individually in light of how closely those records relate to the positions they have applied for.
Information that May Appear on a Kansas Background Check for Employment
Depending on the kinds of reports requested, a Kansas employment background check may reveal different information to an employer. In Kansas, the majority of employers demand information about licenses and credentials, employment history checks, education verifications, and criminal history checks.
When hiring people who will regularly drive for work, employers frequently ask for a motor vehicle record check. Pre-employment drug tests are frequently requested by employers as a standard part of the hiring process.
For applicants who will drive while performing their jobs, some employers also ask for driving records. Many also ask for drug tests before hiring.
Where to Get a Background Check in Kansas
The Kansas Bureau of Investigation offers a criminal background check request form on its website. Background checks can be ordered by employers in the helping professions from the Kansas Department for Aging and Disability Services.
However, the state may not reveal all of a person’s criminal records if you ask for their criminal history information. For instance, the KBI reports that not all of the state’s conviction records have been automated, so they might not be searchable during an automated background check.
State criminal background checks also fail to reveal convictions from other states or jurisdictions, as well as other essential types of background data like employment or educational history.
Relying on a trustworthy pre-employment background check companies like iprospectcheck, kansas, backgroundchecks, backgroundchecks, freebackgroundchecks, ksqualitynetwork is a better choice. For employers throughout Kansas, we perform thorough, current, accurate, and FCRA-compliant background checks.
Find out if someone is who they claim to be with a Kansas background check. This guide is meant to make it easier for you.