Why is the Kansas salary threshold so low?

The $20,000 salary threshold in KSA 50-704 has not been updated to reflect inflation or current wages. At today's minimum wage, a full-time worker earns more than $20,000 per year, making the threshold irrelevant for virtually all full-time employment. Legislative efforts to raise the threshold have been discussed but not enacted as of 2026.

Can I get my record expunged in Kansas?

Yes, for many offenses. Under KSA 21-6614, you can petition for expungement after a waiting period: 3 years for most misdemeanors and 5 or more years for eligible felonies (measured from completion of your sentence, including probation or parole). You must have no pending charges and no subsequent convictions. Sex offenses requiring registration and certain violent crimes are excluded.

Does Kansas have ban-the-box?

Only for state government employers. State agencies cannot ask about criminal history on initial job applications. Private employers in Kansas can ask about criminal history at any point in the hiring process, including on the application form. There is no statewide law extending ban-the-box to private employers.

What is the waiting period for Kansas expungement?

Waiting periods are measured from the completion of your sentence (including probation and parole): 3 years for most misdemeanors, 5 years for many felonies, and potentially longer for some serious offenses. During the waiting period, you must remain free of new convictions. The court will also consider the circumstances of the offense and your rehabilitation.

Will an expunged record show up on a Kansas background check?

Once a Kansas record is expunged, it is sealed from most public access and should not appear on standard employment background checks. However, certain government agencies, law enforcement, and licensing boards may still access expunged records. Some private background check databases may retain old records — if this happens, you may dispute the report under the FCRA.

Does Kansas require individualized assessment for criminal records?

No. Kansas does not have a state law requiring employers to perform individualized assessments when evaluating criminal history. Employers can make blanket decisions based on criminal records. However, EEOC federal guidance recommends evaluating the nature of the offense, time elapsed, and relevance to the job to avoid potential discrimination claims.

Kansas Background Check Laws

Mixed / conditional limitsLast updated: 2026-04-01

Kansas has a 7-year lookback limit for jobs paying under $20,000/year — but this threshold makes it effectively meaningless for most full-time employment. For jobs above $20,000, convictions are reported indefinitely. Ban-the-box covers state employers only. Kansas allows petition-based expungement for certain offenses after waiting periods.

Overview

Kansas has a technically mixed approach to background check lookback limits, but in practice it functions much like a no-limit state. Under KSA 50-704, Kansas imposes a 7-year lookback limit on conviction reporting — but only for jobs paying under $20,000 per year. Since the vast majority of full-time positions exceed this salary threshold, the 7-year limit is effectively meaningless for most job seekers. For any position paying $20,000 or more per year, convictions can be reported indefinitely. Kansas has a limited ban-the-box policy that applies only to state government employers. Governor Kelly signed an executive order prohibiting state agencies from asking about criminal history on initial job applications. Private employers in Kansas face no such restriction and can ask about criminal history at any stage of hiring. Kansas does allow petition-based expungement for certain offenses after a waiting period. Under KSA 21-6614, individuals may petition to have their records expunged for many misdemeanors and some felonies, depending on the severity of the offense and the time elapsed since completion of the sentence. This is a meaningful pathway for people looking to clear their record, though certain serious offenses are excluded.

How Far Back Does a Background Check Go in Kansas?

Record Type	Rule in Kansas
Felony Convictions	For jobs paying $20,000+/year: reported indefinitely. For jobs under $20,000/year: 7-year lookback limit applies.
Misdemeanor Convictions	For jobs paying $20,000+/year: reported indefinitely. For jobs under $20,000/year: 7-year lookback limit applies.
All Convictions	7-year lookback limit applies ONLY to positions with annual salary under $20,000 (KSA 50-704). For positions paying $20,000 or more per year, convictions can be reported indefinitely. This salary threshold has not been updated in years and is below minimum wage for full-time work, making the limit largely irrelevant.
Arrests (No Conviction)	Under the FCRA, arrests not resulting in conviction can be reported for up to 7 years regardless of salary. Kansas does not impose a stricter limit on arrest record reporting.
Pending Cases	Pending charges can be reported and considered by employers. Kansas does not restrict the reporting of pending criminal cases.
Salary Threshold	$20,000/year. The 7-year lookback limit on convictions only applies to jobs paying less than $20,000 annually (KSA 50-704). This threshold is so low that it effectively provides no protection for most full-time employment positions.

Ban the Box / Fair Chance

Yes

Kansas has ban-the-box for state government employers through executive order. State agencies cannot ask about criminal history on initial employment applications. Private employers in Kansas are not covered and can ask about criminal history at any point in the hiring process.

Effective: 2018-01-01

Clean Slate / Auto-Sealing

No Clean Slate law

Kansas does not have a Clean Slate or automatic record-sealing law. However, Kansas offers petition-based expungement under KSA 21-6614. Eligible offenses include many misdemeanors (3-year wait after completion of sentence) and some felonies (5+ year wait depending on severity). Certain offenses are excluded, including sex offenses requiring registration and some violent crimes. Expunged records are sealed from most public access.

What Employers Can Do in Kansas

When can employers ask about criminal history?: Private employers in Kansas can ask about criminal history at any time, including on the initial application. State government employers must delay criminal history inquiries until later in the hiring process.
What can they consider?: Kansas employers can consider any criminal conviction regardless of job relevance for positions paying $20,000 or more per year. There is no state law requiring individualized assessment. For positions under $20,000, only convictions within the last 7 years can be considered. Federal EEOC guidance recommends job-relevance analysis, but Kansas does not mandate it.
Individualized assessment required?: No state requirement for individualized assessment, though EEOC guidance recommends it.

Key Laws in Kansas

Kansas Consumer Protection Act — Employment Reports (KSA 50-704)
Establishes a 7-year lookback limit on conviction reporting for employment background checks, but only for positions paying less than $20,000 per year. For higher-paying positions, convictions can be reported indefinitely. The salary threshold makes this protection largely theoretical for most full-time jobs.
Kansas Expungement Statute (KSA 21-6614)
Allows petition-based expungement for eligible criminal records. Waiting periods vary: 3 years for most misdemeanors, 5 years for many felonies, and longer for some serious offenses. Certain crimes are excluded from eligibility. Expunged records are sealed from most public access.
Kansas Executive Order — Ban-the-Box (State Employers)(2018)
Prohibits state government agencies from asking about criminal history on initial employment applications. Does not apply to private employers or local governments.
Fair Credit Reporting Act (FCRA) — Federal(1970)
Federal law governing background check agencies. For positions above the $20,000 salary threshold, Kansas essentially follows FCRA defaults: convictions reported indefinitely, non-conviction arrests limited to 7 years.

Frequently Asked Questions — Kansas

How far back does a background check go in Kansas?: It depends on the salary. Kansas has a 7-year lookback limit, but it only applies to jobs paying less than $20,000 per year (KSA 50-704). Since almost all full-time jobs exceed this threshold, most Kansas background checks can report convictions indefinitely. For practical purposes, Kansas functions as a no-limit state for the vast majority of jobs.
Why is the Kansas salary threshold so low?: The $20,000 salary threshold in KSA 50-704 has not been updated to reflect inflation or current wages. At today's minimum wage, a full-time worker earns more than $20,000 per year, making the threshold irrelevant for virtually all full-time employment. Legislative efforts to raise the threshold have been discussed but not enacted as of 2026.
Can I get my record expunged in Kansas?: Yes, for many offenses. Under KSA 21-6614, you can petition for expungement after a waiting period: 3 years for most misdemeanors and 5 or more years for eligible felonies (measured from completion of your sentence, including probation or parole). You must have no pending charges and no subsequent convictions. Sex offenses requiring registration and certain violent crimes are excluded.
Does Kansas have ban-the-box?: Only for state government employers. State agencies cannot ask about criminal history on initial job applications. Private employers in Kansas can ask about criminal history at any point in the hiring process, including on the application form. There is no statewide law extending ban-the-box to private employers.
What is the waiting period for Kansas expungement?: Waiting periods are measured from the completion of your sentence (including probation and parole): 3 years for most misdemeanors, 5 years for many felonies, and potentially longer for some serious offenses. During the waiting period, you must remain free of new convictions. The court will also consider the circumstances of the offense and your rehabilitation.
Will an expunged record show up on a Kansas background check?: Once a Kansas record is expunged, it is sealed from most public access and should not appear on standard employment background checks. However, certain government agencies, law enforcement, and licensing boards may still access expunged records. Some private background check databases may retain old records — if this happens, you may dispute the report under the FCRA.
Does Kansas require individualized assessment for criminal records?: No. Kansas does not have a state law requiring employers to perform individualized assessments when evaluating criminal history. Employers can make blanket decisions based on criminal records. However, EEOC federal guidance recommends evaluating the nature of the offense, time elapsed, and relevance to the job to avoid potential discrimination claims.

Kansas Resources

Kansas Bureau of Investigation — Criminal History Records
The state agency that maintains criminal history records. Request your own Kansas criminal history record or learn about the background check process.
Kansas Legal Services
Provides free legal assistance to low-income Kansans, including help with criminal record expungement petitions and understanding your rights.
Kansas Department of Commerce — Workforce Services
State agency providing employment resources, job training, and workforce development programs for Kansas job seekers.

Disclaimer: This is informational only, not legal advice. Background check laws change frequently. Consult a qualified attorney in Kansas for advice about your specific situation. Information was last verified on 2026-04-01.

Sources

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