Kansas Background Check
Kansas businesses that hire and hire employees ought to think about conducting background checks on applicants for employment.
Complete and legally compliant Employment Kansas background check can assist employers filter out insecure and unqualified applicants.
The information gleaned from an extensive, precise and compliant background check can help businesses to be more confident about their hiring choices. Conducting background checks in Kansas background check in Kansas on any prospective employee could aid in reducing the chance of liability for negligent hiring.
Based on our vast experience in conducting background checks for companies across Kansas City, Olathe, Topeka, Wichita, Lawrence and more, we've written this guide to conduct legal, thorough and precise background checks.
Learn more about it below.
4 Reasons Employers in Kansas Conduct background checks
Employers from Kansas conduct background checks before hiring to serve a variety of purposes.
Four of the most frequent reasons are listed below.
1. General Screening of Employment for Entry-Level Positions
A lot of employers in Kansas screen employees as a regular element in their hiring and onboarding procedures.
Conducting an background check in Kansas can aid employers in verifying the information that applicants have provided on their applications . It also helps them check for applicants with criminal convictions that are directly related to the positions for which they are looking to hire.
2. Pre-employment checks for supervisory and managerial positions. Exams
In most organizations management and supervisors are granted more access to their employers' private business information as well as their accounts. They also have greater responsibility than employees at entry level.
Due to these reasons due to these factors, background checks prior to hiring for applicants to supervisory positions could require more detailed information than the information companies may require for applicants at lower levels.
3. Regularly scheduled employment checks
In certain industries employers are required to verify the background of their employees on an regularly. One of the most popular examples is the transportation industry.
In accordance with the Federal Motor Carrier Safety Administration the trucking industry must verify their drivers' files after an accident and at least once a year.
4. Pre-employment screenings for people working with vulnerable populations
The people who work in healthcare professions must undergo extensive background checks before they are able to be employed as volunteers or employees.
This includes those who are employed in positions that assist those suffering from mental illness as well as people who have mental or physical impairments, children and older people.
Background checks that are thorough for those who work in the field of care are intended to ensure the security of vulnerable clients and patients.
Kansas Background Check Laws 2021
Employers who conduct check-ups on background Kansas are required to comply with the relevant state and federal laws. Infractions to this law could expose you to fines and legal responsibility.
Here are a few essential laws.
Federal Laws on Employment Background Checks
Fair Credit Reporting Act
The Fair Credit Reporting Act (FCRA) was adopted in the year 1970 to safeguard the confidentiality and accuracy of the consumer's records collected, stored and disclosed by consumer reporting organizations (CRAs) which include firms that conduct background checks. The law also governs the way employers collect, use and disclose the data they get from background checks.
Before an employer conducts an background check, it must first inform the applicant of the reason for conducting the check and then obtain the applicant's authorized signature.
If an employer discovers that there is negative information from an employment background check and decides not to accept the applicant on this reason, the employer will need to undergo the adverse action procedure before making a final negative hiring decision.
At The Koleman Group LLC, we offer fully FCRA-compliant job background checks for employers.
Title VII of the Civil Rights Act of 1964
In 1964, the former President Lyndon B. Johnson signed the Civil Rights Act into law. The title VII of this broad anti-discrimination statute prohibits discrimination at work due to the applicant's or employee's protected characteristics.
The U.S. Equal Employment Opportunity Commission is the federal agency responsible for the enforcement of Title VII. Based on the guidelines of the EEOC conviction and arrest records uncovered during background checks prior to employment background check must be individually evaluated in relation to the job that the applicants are applying.
Kansas State Laws on Employment Background Checks
There are numerous lawful state statutes that Kansas employers are also required to comply with and are listed below.
Limitation on the Reporting of Criminal Conviction Records
Under K.S.A. SS50-704, the consumer reporting agencies are not allowed to report arrests and conviction records older than seven years. preliminary background check for jobs paying less than $20,000.
If a job offers a salary of $20,000 or more, any convictions from older than seven years may be recorded.
applicants are not charged for Background Checks prior to Employment
Under K.S.A. SS22-4710 employers are required by law to cover the cost of background checks they conduct for candidates. Employers cannot require applicants to cover any part of the pre-employment background check.
Ban-the-Box Law for Executive Branch Employers
The former Governor Colyer has signed Executive Order 18-12 in 2018. In this order, the agencies within the executive branch aren't allowed to ask for criminal history information when they submit applications . They are not allowed to ask about criminal records until after the hiring process has concluded.
Details on Criminal History Report Must be relevant to the position
Under K.S.A. SS22-4710(f) Employers who find criminal records on background checks prior to hiring can only refuse employment if the conviction is in a reasonable way related to the job or the security of their employees and clients.
Expunged Convictions Not Reportable
Under K.S.A. SS21-6614 criminal convictions and arrests that have been cleared of convictions may not be disclosed. Candidates who have expungements may not answer if they are asked about any previous arrests or criminal convictions, unless they are seeking specific jobs as specified in the law.
What's in a background check for employment within Kansas?
The information employers might find in the report of a Kansas background check background check will vary, dependent on the types of background checks requested. The majority of employers in Kansas will require criminal history checks, verification of employment of education, as well as details about credentials and licenses.
Employers who hire employees who are required to drive regularly as element of their job frequently require a check of their driver's licenses. A lot of employers will also require the testing of their employees prior to hiring as an essential element of hiring.
Some employers may also request driving records from candidates who plan to drive as part of their work. Some employers will also request drug tests prior to hiring.
It is a generalization that background checks for pre-employment will include information on the following aspects:
- Criminal convictions that are not expunged
- Criminal matters pending
- Arrests that led to convictions
- Employment background
- History of education
- Status of the registry for a Sex Offender
- History of address
- Participation in the Domestic Terrorist Watch List
Due to Kansas's restrictions regarding the disclosure of criminal convictions, criminal convictions are not recorded if they're longer than seven years old for jobs with a salary lower than $20,000.
Let's have a look at the information you can discover on a few the reports.
A criminal background report for those who have a non-expunged criminal record will include the following details:
- Offense date
- Offense Type
- Infraction severity (felony or misdemeanor)
- Disposition date
Can a DUI from Kansas be found in a background check for employment?
Because the DUI is a criminal charge and is a criminal conviction, it will be reported in an Kansas background check for employment. If the job is paid less than $20,000 per annum A DUI won't be recorded if it's more than seven years old.
What is the length of a Felony Stay in an Background check for Kansas?
If a position pays less than $20,000 annually A felony will remain on the Kansas background check for seven years. If the position pays more than $20,000 annually the conviction for a felony can be recorded no matter what age. But, Kansas does allow people to request expungement for certain felonies of a lesser level. If a conviction for a felony is expunged, the conviction is not recorded.
Employers ask for verification of education to ensure that applicants have earned the degrees they've claimed to have and that they've been to the schools they have stated. This type of report allows you to determine whether the authenticity of an applicant and confirm that they are competent.
A report on education verification will give the following details:
- Every school that is attended
- The dates of attendance for each school
- Degrees, certificates or diplomas that are awarded
Employment verification can help employers verify the statements that applicants make on their resumes or applications regarding their previous job. A report on employment verification includes the following details:
- Name of each previous employer
- Dates of employment with every previous employer
- Titles and positions that were held by each previous job
How far back does Background Checks go within Kansas?
The FCRA and the restrictions of Kansas regulate the length of time that background checks can be conducted. In the FCRA there is a seven-year time limit for the reporting of the following types of information on jobs that pay less than $75,000 annually:
- Arrests that do not result in convictions
- Civil lawsuits
- Civil judgments
According to Kansas law, employees who earn less than $20,000 annually do not have access to information on criminal convictions dating back to more by seven or more years. But, the majority of jobs offer at least $20,000 annually and be provided with information about convictions.
A salary limit exemption of $75,000 per year implies employers who offer positions with a higher pay will be able to access information on salary that the FCRA could otherwise prohibit that is more than seven years old.
The lookback period in the FCRA also doesn't apply to criminal convictions. These are able to be reported regardless of how old they are so long as they're not expunged and pertain to positions that pay minimum $20,000 annually in Kansas. Education history, employment history as well as credentials are also able to be recorded regardless of the age of the information it might be.
Where can I get an background check in Kansas?
You are able to request a background review from the Kansas Bureau of Investigation on its website. Employers who work in the field of caring are also able to have background checks done via the Kansas Department for Aging and Disability Services.
However, asking for criminal history data from the state might not reveal all criminal history. For instance KBI states that KBI declares that not every one criminal records in the state are processed, which means that they may not be available via this automatic background check process.
State criminal records checks do not show convictions from other jurisdictions , nor will they provide important kinds of background information, such as education or employment history.
An alternative is to choose an established background check provider. background check provider like The Koleman Group LLC. We conduct thorough, up-to-date precise, reliable, and FCRA-compliant background checks on behalf of employers throughout Kansas.
As an Kansas Employer. How can I Make Sure I'm in Compliance?
Compliance with the laws that govern background checks is crucial to lessening the risk of penalty, legal liability and fines.
To stay on track, adhere to these guidelines.
1. Individually assess Convictions
If you find any convictions related to criminality during the pre-employment background check, make sure that you review it in relation to the job you are applying for. Don't make an employment decision that is not positive only if the conviction has a direct connection to the job or your customers and employees.
2. Send a Pre-Adverse Action Notification
If you do not decide to employ someone based on the criminal record that was found in an background check, you must issue a pre-adverse-action notification to him or her.
When you send the notification, you must mention the crime in question, and give the applicant a an original copy of the report on criminal background. Inform the applicant of the deadline to correct the details, such as giving evidence or a rehabilitation report or by proving the record is incorrect.
3. Send a Final Negative Action Notice
If you choose not to employ an applicant after having completed the adverse action procedure it is your responsibility to provide the applicant with an adverse action final notice. Be sure you inform the applicant of your rights pursuant to the FCRA.
What Qualifies You for Background Checks for Kansas?
Background checks for pre-employment are often not completed for a variety of reasons. Here are some examples of things that may cause an applicant to be disqualified on an employment background check in Kansas.
disqualifying criminal Conviction
Many millions of Americans have criminal histories. But, having a criminal record doesn't necessarily mean applicants will be turned off for employment. In fact, an applicant may be refused employment when a conviction is specifically related to the job for which he/she has been submitting an application or disqualifies the applicant from working in certain sectors.
False Information About Employment Past
Certain people lie about their previous dates of employment to conceal gaps in their employment or to conceal jobs with more accountability than what they really did. If an employer asks for verification of employment, a candidate who lies is likely to be rejected for the position.
False Information About Educational Achievement
Similar to employment histories, many applicants lie on their resumes to conceal their educational qualifications. Employers who require verification of education will quickly determine if an applicant has falsified their or her academic record and are likely to dismiss the applicant.
Troublesome Driving Record
Employers who require their employees to drive on a regular basis as a part of their job often request driver's license checkups. If an applicant is found to have several traffic offenses on their driving record, employers may have no choice than to terminate his or her employment due to insurance and liability issues.
Failure of the Pre-Employment Drug Test
Drug tests for pre-employment are demanded by employers throughout Kansas. If an applicant has positive results for various illegal substances on this kind of pre-employment test an employer may deny his or her the job.
What's the Price of an background check cost in Kansas?
A KBI Offender Search costs $20 for each report. It will, however, not disclose information regarding convictions that occurred outside of state or provide details about the background of an applicant's employer as well as educational background and other vital information.
If you look online, you could find websites that promise the ability to conduct a completely free background check in Kansas. It is important to trust this type or information on your own. These kinds of companies often provide inaccurate reports that contain outdated information and don't conform to the applicable background check laws. These sources could make you liable.
The best option is to partner with an experienced and reliable company such as The Koleman Group LLC. We have access to up-to-date, reliable databases, as well as modern research capabilities to quickly provide accurate, FCRA-compliant complete background checks to employers.
Employers are able to select the reports they require, so that they don't need to purchase unnecessary reports.
If you are planning to purchase over 50 or more reports each year, you'll be able to profit from our discount on bulk orders. Call The Koleman Group LLC for no-cost, no-obligation quotes.
What is the length of time an Background Check take for background checks in Kansas?
The length of time the background check might take in Kansas depends on the method you conduct the background check. If you send an application to the KBI to conduct background checks in Kansas background check, or a criminal background check, the KBI declares that the automated report will be completed within one two days. However, certain criminal records have not been added to the system, requiring you to inquire with other organizations or institutions as well as former employers.
Making contact with numerous former employers as well as educational institutions and state agencies could take a lot of time. Compiling the complete image of the background of an applicant by using a DIY approach can take some time.
If you cooperate in conjunction with The Koleman Group LLC, you'll get reports on your background check reports much faster. We can provide complete reports in as little as a couple of hours.
The Koleman Group LLC is your trusted partner for Fast and Accurate Compliant Kansas Background Exams
Kansas employers must conduct background checks prior to hiring each applicant in order to shield their business from liability and maintain an atmosphere of safety.
At The Koleman Group LLC, we have the experience of training and resources required to submit FCRA-compliant, accurate and complete background check reports for employers across Kansas.
To get a no-cost quote or to learn more about our services, call The Koleman Group LLC today.
Disclaimer: The information and resources offered in this article are meant to be educational only and are not legal advice. Contact your attorney should you have any legal questions concerning your specific practice and compliance with the applicable laws.
Written on 2021-02-01 16:55:43 by larry coleman