Understanding Kansas Background Checks (2023)

• June 22, 2023
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Let’s face it. Unlocking the true potential of your Kansas business or volunteer organization starts with building a team of trusted and reliable employees. And one crucial step in the hiring process is conducting a thorough Kansas background check on applicants. In today’s competitive job market, it’s essential for employers in Kansas to have a clear understanding of the state’s background check laws and regulations.  Fortunately, we’re here to help you navigate the often complex and highly detailed process of pre-screening applicants. Furthermore, we’ll guide you through the intricacies of deciphering federal and state of Kansas background check laws.

How PreSearch Can Help With Background Check Services in Kansas

PreSearch is a leading provider of background check services in Kansas, offering comprehensive and reliable screenings for employers. With our quick and efficient process, PreSearch can help businesses make informed hiring decisions while ensuring compliance with Kansas employment background check laws.

When it comes to conducting a Kansas background check, accuracy and efficiency are crucial. PreSearch understands this importance, and we give you an array of powerful background check services to meet your specific needs. From criminal background checks to employment verifications, we strive to provide thorough and reliable information on potential candidates.

One of the key benefits of using PreSearch Services for background checks is our extensive experience in the industry. With years of expertise, we have developed a streamlined process that allows quick turnaround times without compromising quality. As an employer or volunteer recruiter, you can trust that you will receive accurate information in a timely manner.

What is a Background Check?

Great question.  As you might expect, a background check is the act of validating information on an applicant to determine whether or not he or she is a viable fit for employment or volunteer work. 

A background check takes a look into an applicant’s personal and professional history. It involves gathering information from various sources to assess their character, qualifications, and potential risks. This information can include criminal records, employment history, education verification, credit reports, and more.

Importance of Kansas State Background Checks

When it comes to doing a background check, Kansas employers need to rely on these investigations to ensure they are getting the best candidate for the position. These checks provide valuable information about an applicant’s past and help employers make informed decisions before bringing someone on board.

One of the main reasons background checks are so important is that they can uncover any criminal history that an applicant may have. This is especially important for industries requiring background checks and screenings for trusted employees, such as those in healthcare or finance.

Kansas Background Check Laws

When it comes to conducting background checks, Kansas employers must be aware of the state’s specific laws and regulations. These laws are in place to protect both employers and applicants, ensuring fair and unbiased hiring practices.  Hiring and recruiting managers should also be sure to abide by federal laws when conducting pre-screenings.  Here are the most common and prominent state and federal laws to be aware of when conducting investigative checks on applicants.

Federal Laws on Employment Background Checks

As mentioned, hiring entities in Kansas have the responsibility to adhere to federal pre-hiring regulations as well as state laws.  With this in mind, some federal laws should be at the forefront of every hiring manager’s mind when conducting background screenings on applicants.

Civil Rights Act, Title VII

The Civil Rights Act, specifically Title VII, is a federal law that prohibits discrimination based on race, color, religion, sex, or national origin. Under Title VII, employers are prohibited from using background check information that disproportionately impacts individuals within protected classes. This means that if an employer’s background check policies disparate impact certain racial or ethnic groups without being job-related and consistent with business necessity, they may be violating this important piece of legislation.

The Fair Credit Reporting Act (FCRA) 

This federal law regulates the use of consumer information in background checks. It ensures that employers follow specific procedures and guidelines when obtaining and using an applicant’s credit report or other consumer reports for employment purposes.

Under the FCRA, employers are required to obtain written consent from applicants before conducting a background check. They must also provide clear disclosure to the applicant about their intent to conduct a background check.

As an employer, if you choose not to hire an applicant based on information obtained from a background check, you are obligated to follow the adverse action process outlined by the FCRA. This includes providing the applicant with a copy of their background report and an overview of their rights under the FCRA.

The adverse action process allows applicants to assess and refute any inaccurate or incomplete information in their report. It also gives them a fair chance to explain any negative findings before making a final decision.

EEOC

The Equal Employment Opportunity Commission (EEOC) plays a crucial role in ensuring fair and equal treatment of employees in the workplace. This federal agency is responsible for enforcing laws that strictly forbid discrimination based on race, color, religion, sex, national origin, disability, and age. Moreover, the EEOC has issued guidelines that employers must adhere to in order to avoid discriminatory practices. These guidelines emphasize the importance of considering individualized factors when assessing an applicant’s criminal history during the hiring process.

Kansas State Employment Background Check Laws

Employers in Kansas have a responsibility to ensure the safety and security of their workplace, which is why conducting background checks on potential employees is crucial. However, it’s important for employers to understand the specific laws governing employment background checks in Kansas.

Criminal Conviction Records

Employers are allowed to consider an applicant’s criminal conviction records when making hiring decisions. However, they must be mindful of certain restrictions regarding what types of convictions can be considered and how far back they can go. By getting a criminal background check, Kansas employers are able to uncover any convictions or pending charges that the applicant may have. 

Ban-the-Box Law

Kansas has implemented a “ban-the-box” law, which restricts employing agencies from asking about an applicant’s criminal history on job applications. This means that employers cannot inquire about an individual’s criminal record until after an initial interview or an offer of employment has been extended to the applicant.

Criminal History Report

When obtaining a criminal history report for employment purposes, employers must follow strict guidelines set by the state. They must obtain written consent from the applicant and provide them with any adverse action taken based on the report.

Expunged Convictions

In the state of Kansas, individuals with past criminal convictions may have the opportunity to have their records expunged. Expungement is a process of legally sealing or erasing certain criminal records, making them inaccessible to employers and the general public. What does that mean for employers? It means that under state law, employers may not access, view, or use expunged convictions when choosing to grant or deny employment to an applicant.

Potential Consequences if Employers Fail to Comply with Kansas Background Check Laws 

Complying with Kansas background check laws is crucial for employers to avoid facing serious legal consequences. Failure to abide by these laws can result in hefty fines and even lawsuits.  In addition to crushing fines, penalties, and litigation – employers may also damage their business reputation if background check laws are not followed.

To ensure compliance with Kansas background check laws, it is recommended that employers partner with reputable background check service providers like PreSearch Services. Our experts are well-versed in state-specific regulations and can assist businesses in conducting quick and accurate screenings for trusted employees.

Types of Background Checks in Kansas

Employers have many options when conducting a Kansas background check.  The two main types of checks are criminal and general employee checks, and here are a few details that distinguish these two common types of investigative reports.

Criminal Background Checks

These checks focus on an individual’s criminal history, including any convictions or pending charges. This type of check is crucial for ensuring workplace safety and security and protecting employees, customers, and company assets. By uncovering any potential red flags in an applicant’s past, employers can make informed decisions about hiring.

Employment Background Checks

On the other hand, employment background checks provide a broader picture of an applicant’s qualifications and work history. These checks verify an individual’s education credentials, previous employment records, professional licenses, or certifications held by the candidate. Employment background checks help assess applicants’ honesty regarding their qualifications while confirming their eligibility to work legally in the United States.

How to Get a Background Check in Kansas

If you are conducting checks in-house or going the DIY route (do it yourself), you can request a criminal record report from the Kansas Bureau of Investigation (KBI).  Employers who are hiring individuals who will be caring for others (such as in-home healthcare, medical, working with youth or elderly) can request criminal reports from the KS Dept. for Aging and Disability Services. 

In either case, you should be aware that these checks will only provide you with criminal activity conducted only in the state of Kansas. You will not receive vital information such as crimes committed (if any) in other states or internationally.  Nor will you receive information about previous employment or education history.

The best option is to utilize the services of PreSearch.  We are a trusted provider of background check services specifically tailored to Kansas employers’ needs. More importantly, we give you a 360-degree look into an applicant’s background – not just criminal activity for the state of Kansas.

How Long Does a Kansas Background Check Take?

That depends.  If you go through the process on your own, it could take days or weeks.  Namely because state-generated criminal reports from the KBI are slow to come.  Additionally, gathering up an exhaustive amount of details on an applicant, such as checking references, validating work experience, and contacting learning institutions to confirm education, can take a significant amount of time.

Alternatively, PreSearch can give you all the information you need right at your fingertips quickly and efficiently.  We specialize in providing our clients with quick and fast background checks because we know time is money.  You can’t afford to wait days or weeks, and that is why we are driven to get you the most reliable and accurate results – fast.

How Far Back Do Background Checks Go in Kansas?

The state of Kansas abides by the FCRA guidelines when it comes to how far employers can look into an applicant’s history.  The FCRA has a seven-year lookback period. This means that if a job pays less than $75,000 per year, an employer cannot look further back than seven years in the past.  Therefore, certain information such as civil lawsuits, liens, civil judgments, bankruptcies, and arrests not leading to convictions may not be considered if they are older than the seven-year lookback period.

What Shows Up on a Background Check in Kansas?

A Kansas background check can reveal various aspects of an individual’s past that may be relevant to their suitability for a job. Here are some key details that commonly show up on a background check:

• Criminal history information
• Identity verification
• Employment verification
• Education verification and credentials
• Sex offender registry information
• Address history
• Driving records
• Appearance on the Domestic Terrorist Watch List

How Much Does a Background Check Cost in Kansas?

If you opt for the DIY route and request criminal records from the Kansas Bureau of Investigation, you can expect to pay $20 per criminal report.

While that might not sound like a lot of money, you also need to understand that the $20 fee will only render data on criminal history in Kansas.  It will not get you overall information such as criminal activity in other states, employment history, or educational background data.

The most value for your dollar is partnering with PreSearch. We offer comprehensive background check services tailored specifically for Kansas employers. With our quick and efficient screening process, you can confidently make informed decisions about hiring trusted employees.  And most importantly, we give you a wealth of accurate information on your applicants, all for an affordable price.