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How Far Back Does A Background Check Go In Kansas?

How Far Back Does A Background Check Go In Kansas?

The extent to which a background check goes back in Kansas can vary depending on the type of background check being conducted and the specific requirements or restrictions set by the employer or entity requesting the check. There is no one-size-fits-all answer to how far back a background check can go in Kansas, as it depends on various factors, including the purpose of the background check and the laws or policies governing it. Here are some general guidelines:

  1. Criminal Background Checks:
    • Criminal background checks in Kansas typically cover a range of criminal records, including convictions, arrests, and sometimes even pending charges. The depth of the check may vary by the type of check being conducted (e.g., pre-employment, tenant screening, firearm purchase).
    • Kansas law allows certain non-conviction information, such as arrests and charges, to appear on a criminal background check for up to one year after the date of disposition or release. Conviction records may appear indefinitely.
  2. Employment Background Checks:
    • For pre-employment background checks, employers in Kansas often follow the guidelines set by the federal Fair Credit Reporting Act (FCRA). Under the FCRA, most non-conviction information, such as arrests, cannot be reported if they are more than seven years old. Conviction information is not subject to a specific time limit and can be reported indefinitely.
    • Some employers may have specific policies regarding how far back they will review an applicant’s criminal history. This can vary from employer to employer.
  3. Tenant Screening:
    • Landlords and property management companies may conduct background checks on prospective tenants. The scope of these checks can vary, but they often include criminal history, credit history, and rental history.
    • Kansas does not have specific laws limiting how far back a criminal history check can go for tenant screening, so it can vary by the policies of the landlord or property management company.
  4. Firearm Purchase Background Checks:
    • Background checks for firearm purchases in Kansas are conducted by the FBI through the National Instant Criminal Background Check System (NICS). The NICS check typically includes a review of criminal history and other disqualifying factors.
    • Federal law sets the standards for firearm purchase background checks, and there is no specific time limit for how far back a criminal history check can go.

Some information, such as expunged or sealed records, may not appear on a background check. Expunged or sealed records are generally treated as if they never existed for most purposes, including background checks.

The specific rules and regulations regarding background checks can change over time, so it’s a good idea to consult with legal professionals or background screening experts in Kansas to get the most current information and guidance regarding background checks in your specific situation.