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Kansas Background Check

Kansas businesses that hire and hire employees ought to think about conducting background checks on applicants for employment.

Conducting a Complete and legally compliant employment Kansas background check can assist employers in filtering out insecure and unqualified applicants.

 

Kansas Background Check

 

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.

We've written this guide to conduct legal, thorough, and precise background checks based on our vast experience in conducting background checks for companies across Kansas City, Olathe, Topeka, Wichita, Lawrence, and more.

Learn more about it below.

4 Reasons Employers in Kansas Conduct background checks

Employers from Kansas conduct background checks before hiring to serve various purposes.

Four of the most frequent reasons are listed below.

General Screening of Employment for Entry-Level PositionsA lot of employers in Kansas screen employees as a regular element in their hiring and onboarding procedures.

Conducting a 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 directly related to the positions for which they are looking to hire.

  1. 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 and their accounts. As a result, they also have a greater responsibility than employees at the entry level.

Due to these reasons due to these factors, background checks before hiring for applicants to supervisory positions could require more detailed information than the information companies may require for applicants at lower levels.

  1. Regularly scheduled employment checks

In certain industries, employers are required to verify the background of their employees regularly. One of the most popular examples is the transportation industry.

Following the Federal Motor Carrier Safety Administration, the trucking industry must verify their drivers' files after an accident and at least once a year.

  1. Pre-employment screenings for people working with vulnerable populations

The people who work in healthcare professions must undergo extensive background checks before they can be employed as volunteers or employees.

This includes those employed in positions that assist those with mental illness and people with mental or physical impairments, children, and older people.

Background checks that are thorough for those who work in care are intended to ensure the security of vulnerable clients and patients.

Kansas Background Check Laws 2022

Employers who conduct checkups on background Kansas must 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 1970 to safeguard the confidentiality and accuracy of the consumer's records collected, stored, and disclosed by consumer reporting organizations (CRAs), including 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 a background check, it must first inform the applicant of the reason for conducting the check and then obtain the applicant's authorized signature.

Suppose an employer discovers that there is negative information from an employment background check and decides not to accept the applicant for this reason. In that case, 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, former President Lyndon B. Johnson signed the Civil Rights Act. The Title VII of this broad anti-discrimination statute prohibits discrimination at work due to the applicant's or employee's protected characteristics.

The US Equal Employment Opportunity Commission is the federal agency responsible for enforcing Title VII. Based on the guidelines of the EEOC, conviction and arrest records uncovered during background checks before employment background checks must be individually evaluated concerning the job that the applicants are applying for.

Kansas State Laws on Employment Background Checks

There are numerous lawful state statutes that Kansas employers must comply with and are listed below.

Limitation on the Reporting of Criminal Conviction Records

Under KSA SS50-704, the consumer reporting agencies cannot 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 before employment

Under KSA 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 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. In addition, they are not allowed to ask about criminal records until after the hiring process has concluded.

Details on the Criminal History Report Must be relevant to the position

Under KSA SS22-4710(f), Employers who find criminal records on background checks before 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 KSA 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 seek specific jobs as specified in the law.

What's in a background check for employment within Kansas?

The information employers might find in a Kansas background check report will vary, depending on the types of background checks requested. For example, the majority of employers in Kansas will require criminal history checks, verification of employment of education, and details about credentials and licenses.

Employers who hire employees who are required to drive regularly as an element of their job frequently require a check of their driver's licenses. Many employers will also require the testing of their employees before 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 before 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 disclosing 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 look at the information you can discover on a few reports.

Criminal History

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
  • Disposition date
  • Sentence

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 a Kansas background check for employment. However, 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 a 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.

Education Verification

Employers ask for education verification 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 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

Employment verification can help employers verify applicants' statements 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 do 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
  • Liens
  • Bankruptcies
  • 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 higher pay will be able to access information on a 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 can be reported regardless of how old they are so long as they're not erased and pertain to positions that pay a minimum of $20,000 annually in Kansas. Education history, employment history, and credentials can also be recorded regardless of the age of the information it might be.

Where can I get a background check in Kansas?

You can request a background review from the Kansas Bureau of Investigation on its website. In addition, employers who work in the field of caring can also 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 criminal record is processed, which means that it 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. We conduct thorough, up-to-date, precise, reliable, and FCRA-compliant background checks on behalf of employers throughout Kansas.

As a 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 the job you are applying for. Don't make an employment decision that is not positive only if the conviction directly connects to the job or your customers and employees.

  1. Send a Pre-Adverse Action Notification

If you do not decide to employ someone based on the criminal record found in a background check, you must issue a pre-adverse-action notification.

When you send the notification, you must mention the crime in question and give the applicant 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 proving the record is incorrect.

  1. 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. In addition, be sure you inform the applicant of your rights according 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 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. An applicant may be refused employment when a conviction is specifically related to the job for which they have 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 conceal jobs with more accountability than what they did. If an employer asks for employment verification, a candidate who lies is likely to be rejected for the position.

False Information About Educational Achievement

Like 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 academic record and are likely to dismiss the applicant.

Troublesome Driving Record

Employers who require their employees to drive regularly as a part of their job often request driver's license checkups. Suppose an applicant is found to have several traffic offenses on their driving record. In that case, employers may have no choice but to terminate their employment due to insurance and liability issues.

Failure of the Pre-Employment Drug Test

Employers demand drug tests for pre-employment throughout Kansas. If an applicant has positive results for various illegal substances on this kind of pre-employment test, an employer may deny them the job.

What's the Price of a 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 the state or provide details about the background of an applicant's employer and educational background, and other vital information.

If you look online, you can find websites that promise the ability to conduct a completely free background check in Kansas. It is important to trust this type of information on your own. These companies often provide inaccurate reports containing 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 like The Koleman Group LLC. We have access to up-to-date, reliable databases, as well as modern research capabilities to provide accurate, FCRA-compliant complete background checks to employers quickly.

Employers can select the reports they require not 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 a Background Check takes for background checks in Kansas?

The length of time the background check might take in Kansas depends on how you conduct the background check. If you send an application to the KBI to conduct background checks in Kansas or a criminal background check, the KBI declares that the automated report will be completed within one to 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.

Contacting numerous former employers, educational institutions, and state agencies could take a lot of time. In addition, compiling the complete image of an applicant's background 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 before hiring each applicant 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 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.


Updated on 2022-06-07 21:33:49 by larry coleman

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