At-a-Glance Compliance Overview

State Mini-FCRA Laws

Kansas does not maintain a consumer reporting statute comparable to the “mini-FCRA” laws adopted in states such as California, Massachusetts, or Colorado.

Employment background checks obtained from consumer reporting agencies are governed primarily by the Fair Credit Reporting Act (15 U.S.C. §1681 et seq.).

Employers using third-party background screening providers must comply with federal requirements, including:

• providing a clear written disclosure before obtaining a consumer report
• obtaining written authorization from the applicant or employee
• providing pre-adverse action and adverse action notices when information in a consumer report influences an employment decision.

Criminal Record Reporting Rules

Kansas does not impose state-specific reporting limits on criminal convictions in employment background checks.

Convictions

Criminal convictions may generally be reported without time limitation under FCRA §605(a)(5).

Non-Convictions

Under the Fair Credit Reporting Act, consumer reporting agencies generally may not report arrests or other adverse non-conviction information that is more than seven years old, subject to federal salary threshold exceptions.

Record Sealing / Expungement

Kansas provides mechanisms for expungement of certain criminal records.

Relevant statute:

Kan. Stat. Ann. §21-6614

Eligible individuals may petition to expunge:

• certain misdemeanor convictions
• certain non-violent felony convictions
• arrests not resulting in conviction under specific conditions.

Expunged records are removed from public access and generally will not appear in routine employment background checks.

Fair Chance / Ban-the-Box Law

Kansas has not adopted a statewide ban-the-box law affecting private employers.

Private employers may inquire about criminal history during the hiring process, including on initial job applications.

A statewide policy applies to public employers only, and does not affect private employers.

Credit Check Restrictions

Kansas does not restrict employer use of credit reports for employment purposes.

Employers may obtain credit reports if they comply with the Fair Credit Reporting Act, including:

• disclosure
• authorization
• pre-adverse action notice
• adverse action procedures.

Cannabis Use and Drug Testing Rules

Kansas has not legalized marijuana for recreational or medical use, and does not provide employment protections related to marijuana use.

Employers may:

• maintain drug-free workplace policies
• require pre-employment drug testing
• discipline employees for positive drug tests.

Pay Equity and Salary History Rules

Kansas does not maintain a statewide salary history ban or pay transparency law affecting private employers.

Employers must comply with federal anti-discrimination laws governing compensation.

Local Fair Chance or Screening Ordinances

No local fair chance hiring ordinances, credit check restrictions, cannabis testing restrictions, or pay transparency laws affecting private employers have been identified in Kansas.

Key Statutes

• Expungement – Kan. Stat. Ann. §21-6614

Employer Compliance Checklist

Employers conducting background checks in Kansas should implement several compliance practices.

• Follow federal Fair Credit Reporting Act disclosure, authorization, and adverse action requirements when ordering background checks.

• Ensure expunged records are not considered in employment decisions.

• Apply criminal history screening policies consistently to reduce discrimination risks.

• Maintain clear workplace drug testing policies addressing controlled substance use and workplace impairment.