Kansas Criminal Records

Recent data indicates that Kansas has a violent crime rate of approximately 4.15 incidents per 1,000 residents, with an overall crime rate of 24.07 per 1,000 residents. Kansas crime records are official documents that detail a person's interactions with law enforcement and the state's criminal justice system as a whole. These records typically include arrest information, warrant information, charges filed (complaints or indictments), case dispositions, sentencing details, and jail records/incarceration history.

The Kansas Bureau of Investigation (KBI) serves as the central repository for criminal history record information in Kansas and oversees the dissemination of this information to interested parties. In addition to the KBI, various other entities in Kansas, such as local police departments, county sheriff's offices, the Kansas Department of Corrections, and the Kansas Judicial Branch, also provide access to criminal record information.

Are Criminal Records Public in Kansas?

Criminal records in Kansas are generally considered open to the public under the state's Open Records Act. However, this act recognizes certain records or information that are exempt from public disclosure. Examples of this exempt information include juvenile records, records that have been expunged, records related to ongoing criminal investigations, and medical information. Victim information in certain cases and personal identifying information that would constitute a clearly unwarranted invasion of personal privacy are also typically restricted from public disclosure.

How To Look Up Criminal Records in Kansas?

The Kansas Bureau of Investigation (KBI) provides interested parties with access to official criminal record information via several options:

• Online Record Checks: These are name-based checks requested via the KBI's Criminal History Record Search platform. Note that you will need to create a user account to utilize this platform; you must also provide the record subject's first and last names and date of birth to initiate the search. Online checks typically only provide information on adult conviction records, including court convictions for state and local law violations, incarcerations, and recent arrests (within the past 12 months) that haven't been resolved.
• Fingerprint-based Record Checks: This option involves submitting a complete set of record subject's fingerprints to the KBI using the current version of the FBI's Applicant Fingerprint Card (Form FD-258). Fingerprinting may be done at any criminal justice agency that processes fingerprints, and the prints may be submitted to the KBI mail or through Live Scan devices at select law enforcement agencies.
• Complete Record Check: This option is only available to individuals who wish to obtain a copy of their criminal record for review, and it involves submitting a request letter (the bureau provides a sample letter for reference) along with a complete set of fingerprints to the KBI. The provided record will include the person's entire criminal history information, including all arrests, non-convictions, diversions, expungements, and juvenile offender data.

• Certified Record Checks: This option is available for individuals who require a certified copy of their criminal record for visas, adoptions, immigration, or other similar purposes and involves mailing a Certified Record Request Form to the KBI. These checks may be name-based or fingerprint-based (this requires the submission of a fingerprint card).

  Mail-in submissions should be directed to the KBI at:

  Kansas Bureau of Investigation

  Attn: Central Repository

  1620 SW Tyler

  Topeka, KS 66612-1837

Fees vary based on the type of record check requests and range from $30 - $55; processing times also vary by record check. You may contact the KBI for assistance or inquiries regarding Kansas criminal history records via email or by calling (785) 296-2454.

How To Search Kansas Arrest Records?

While Kansas arrest records are primarily generated by local law enforcement agencies (police departments and sheriff's offices), state-level agencies that carry out arrests, like the Kansas Highway Patrol, also create and maintain copies of these records. A Kansas arrest record typically contains the following information:

• The arrestee's full name, age, sex, and race
• The date, time, and location of the arrest
• The offense(s) leading to the arrest
• A brief summary of the circumstances surrounding the arrest
• The arresting agency and officer(s) involved
• Booking information (such as mugshots and fingerprints)
• Information regarding bail or bond, if applicable

Individuals looking to access and obtain copies of Kansas arrest records can usually do so by contacting the specific law enforcement agency responsible for the arrest and submitting an official request to their records department or unit. Some agencies provide online portals for request submissions, while others may require submissions to be made in person or via mail.

Records of arrests within the past 12 months that still have pending case outcomes may also be accessed online via the Kansas Bureau of Investigation's Criminal History Record Search platform (note that fees apply). In addition, some county sheriff's offices and city police departments also offer online access to recent arrest logs or booking information on their official websites, usually at no cost.

How To Search Kansas Warrants?

Warrants in Kansas are legal orders issued by judges that authorize law enforcement officers to take specific actions. These warrants are typically issued based on probable cause, meaning there is sufficient evidence to justify the action, and they include:

• Arrest Warrants: These authorize law enforcement to take a person suspected of committing a crime into custody.
• Bench Warrants: These are issued when a person fails to appear in court as required or violates a court order, and they authorize law enforcement to apprehend the person.
• Search Warrants: These authorize law enforcement to search a specific location for evidence related to a crime and seize items from this location.

Warrants in Kansas do not typically expire and remain active indefinitely until they are served, canceled by the court, or resolved legally. However, per Kansas Statutes Annotated (K.S.A) Section 22-2506, search warrants must be executed within 240 hours of being issued. You can typically obtain information about Kansas warrants by contacting either the local law enforcement agency (police department or sheriff's office) in the jurisdiction where the warrant was likely issued or the court that issued the warrant. Many counties also offer search platforms that may be used to access information on active or outstanding warrants (note that the availability and detail of this information may vary by jurisdiction).

Can I Obtain a Kansas Criminal History Record of Another Person?

You may obtain a criminal history record check on another person in Kansas by submitting a request to the Kansas Bureau of Investigation (KBI) online via its Criminal History Record Search platform. Be aware that you will need to create a user account to utilize this platform. Also, these checks are name-based; as such, you will need to provide the person's first and last name, as well as their date of birth. There is a $30 fee per search, and the provided record will typically contain the person's adult conviction history information, including:

• Arrests from the past 12 months, if the case dispositions are still pending
• Active diversions that have not been successfully completed
• Felonies, misdemeanors, and violations of municipal ordinances or county resolutions that are equivalent to misdemeanors
• Incarceration records from the Kansas Department of Corrections

You may also request a fingerprint-based record check, provided you can obtain the record subject's fingerprints on a ten-print fingerprint card. Fingerprint-based checks are generally considered more accurate than name-based checks, as they rely on biometric data rather than personal identifiers, reducing the risk of errors from name variations. Fingerprinting may be done at a local law enforcement agency or the KBI (an appointment is required for this), and the fingerprints may be submitted to the bureau via Live Scan or mail-in to:

Fingerprint-based checks cost $45 - note that additional fees may be charged at the fingerprinting location. Inquiries on obtaining record checks may be directed to the KBI at (785) 296-2454 or via email.

How To Expunge or Seal Kansas Criminal Records

An expungement in Kansas is a legal process of removing an arrest or conviction from a person's criminal record. When a record is expunged, it is hidden from public view, meaning that for most people or agencies outside the court system, it will be treated as though it never existed. However, law enforcement and certain government agencies may still have access to expunged records in specific situations. Expungements in Kansas are governed by several statutes that outline eligibility, procedures, and the effects of the process:

• K.S.A. 21-6614: This defines the criteria for expunging criminal convictions, arrest records, and diversion agreements.
• K.S.A 12-4516: This covers the expungement of certain municipal court convictions, arrest records, and diversion agreements.
• K.S.A 22-2410: This governs the expungement of arrest records under specific conditions.
• K.S.A 38-2312: This addresses the expungement of juvenile records.

Kansas's expungement process typically involves the following steps:

• Determine the eligibility of the record for expungement. Under state law, certain offenses cannot be expunged from a Kansas criminal record, such as murder, voluntary and involuntary manslaughter, rape, and offenses involving children.
• Complete the required waiting period. This may range from 3 - 10 years after the imposed sentence has been completed (there are usually no waiting periods for expunging non-conviction records). Note that individuals who wish to expunge their records must not have had any felony convictions within the past two years or any pending charges at the time of requesting the expungement.
• File a petition with the court of jurisdiction. The Kansas Judicial Council provides access to necessary petition forms.
• Attend any scheduled court hearings. The court will review the petition, considering factors like the nature of the offence, rehabilitation efforts, and public welfare, and will typically schedule a hearing during which you may be allowed to present your case.
• Receive the court's decision. Once the petition has been reviewed, the court will either grant or deny your expungement request and issue an order to this effect.

What Are the Limitations to the Use of Criminal Records for Employment, Licensing, and Housing in Kansas?

Several laws regulate how criminal history information can be used in employment, housing, and professional licensing decisions in Kansas, ensuring individuals with prior convictions are fairly considered. These include federal laws like the Fair Credit Reporting Act (FCRA), which requires employers to obtain written consent before conducting a background check and mandates notification if an adverse action is based on the results. The Fair Chance Act also restricts federal agencies and contractors in Kansas from asking applicants about their criminal history before extending them a conditional job offer. At the state level, Kansas has also adopted policies that delay inquiries into criminal history during the hiring process for state jobs, allowing applicants to be evaluated on their qualifications first.

State licensing boards also cannot deny applicants solely due to a past conviction, unless the offense is substantially related to the profession; however, certain industries, such as healthcare and education, have stricter regulations on criminal background requirements. Kansas also adheres to federal housing and employment guidelines that encourage the individual assessment of applicants with consideration to factors like the nature of the offense and rehabilitation efforts, against blanket exclusions based on criminal records. Likewise, K.S.A 21-6614 allows individuals to expunge certain criminal records, removing them from public access, which can improve employment, housing, and licensing prospects.

Can I Access Kansas Criminal Records for Free Online?

Several private websites claim to offer free Kansas criminal record searches, but their information may be incomplete, outdated, or inaccurate. For the most reliable and up-to-date records, it is best to utilize official resources like the KBI's Criminal History Record Search platform or the Kansas District Court Public Access Portal, as well as trusted third-party platforms that compile data from official databases, such as KansasPublicRecords.us.