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Conducting Criminal Record Checks in Kansas

Filed under Hiring Workers. Fact checked on May 25, 2012.

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Employers in Kansas are permitted or required to conduct criminal record checks in accordance with these rules.

Kansas has criminal background check laws for employment for adult care homes and home health care agencies.

Individuals are prohibited from operating an adult care home if they employ any person who has a criminal history background. However, individuals may be hired on a conditional basis pending the outcome of a criminal background check.

A person who has been employed by the same adult care home for five consecutive years immediately prior to July 1, 1998, is not subject to the background check requirement, while employed by the same adult care home.

Individuals who have been the subject of a criminal background check within one year prior to applying for employment in an adult care home are exempt from the background check requirement.

Employers may ask prospective independent contractors to sign releases of their criminal records. The employer remains liable for any employment decisions based on the criminal records.

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