Are Criminal Records Public In Kansas?

According to Section 45–217 of the Kansas Statutes Annotated, Kansas criminal records are public records and are, therefore, available to members of the public. Kansas criminal records are kept and maintained by a public body, the Kansas Bureau of Investigation, which makes the records public records by the definition of the law.

However, the following information is considered confidential:

• Expunged arrests, indictments, prosecutions, convictions and imprisonments
• Arrests that did not lead to a court conviction after being disposed
• Successfully completed diversions
• Juvenile criminal records
• Records of arrests that happened within the previous 12 months or longer, when the records of disposition were not received

Although Kansas criminal record information is typically maintained and distributed by local offices tasked with operating various record collection and storage practices, the central repository for Kansas criminal records is the Kansas Bureau of Investigation.

WHAT IS INCLUDED IN A CRIMINAL RECORD IN KANSAS?

A Kansas criminal record, commonly referred to as a rap sheet, is an official collection of a person’s history of arrests and convictions in the State of Kansas. The information in Kansas criminal records is generally compiled from the courts, several correctional facilities, and local, county, and state law enforcement agencies. Kansas criminal records generally contain the following details:

• The subject’s full name and aliases if any
• A mugshot or booking photograph of the offender
• Physical description of the subject, including the height, weight, sex, hair, and eye color
• Unique physical identifiers like tattoos
• Full date of birth
• General fingerprint details
• Past and present home addresses
• Recent, pending or previous arrests and warrants
• Court convictions for violations of the law
• History of judgments or jail terms

HOW TO LOOK UP MY CRIMINAL RECORDS IN KANSAS?

Interested persons may request Kansas criminal records online, or by mail from the Kansas Bureau of Investigation. There are two ways that requesters may check for Kansas criminal records, the fingerprint-based record check, and the name-based record check. The fingerprint-based check is the best method of guaranteeing the accuracy of the criminal record.

A name-based record check costs $20. It requires the subject’s first and last names and date of birth. A fingerprint-based check, on the other hand, costs $35. To conduct a name-based check, visit the Bureau’s Criminal History Record Search website. For a fingerprint-based record check, submit a full set of the subject’s fingerprints on an FBI Applicant Fingerprint Card or Personal Identification Fingerprint Card to:

Kansas Bureau of Investigation

Attn: Criminal History Records Section

1620 SW Tyler

Topeka, KS 66612–1837

The Bureau also provides fingerprint cards to applicants upon request. Mail a request containing the requester’s name and mailing address, as well as the type and number of cards needed and the purpose behind the request. There is no cost attached to these fingerprint cards. The subject may choose to enroll the fingerprints at a local police department, the Sheriff’s Office, or at the Kansas Bureau of Investigation (KBI).

If enrolling at the Bureau, make an appointment and go in person during business hours to the KBI Headquarters Annex at 1631 SW Topeka Blvd, Topeka, and KS 66612. Business hours are from Monday through Friday from 8:00 am to 4:30 pm. To book an appointment, call 785–296–4038.

To get a complete personal Kansas Criminal record, write a letter to the Bureau, providing sufficient identification and stating the reason behind the request. Also, include a mailing address where the criminal record is to be sent. The Bureau provides a sample letter as a guide. Mail the letter along with a full set of fingerprints on an FBI Applicant Fingerprint Card or Personal Identification Fingerprint Card and a money order or check of $35 to

Kansas Bureau of Investigation

Attn: Criminal History Records Section

1620 SW Tyler

Topeka, KS 66612–1837

To get a certified copy of a Kansas criminal record, complete a Certified Record Check Request Form, and submit it along with payment to the above address. If the request is a fingerprint-based one, include a complete fingerprint card. The fee for a certified name-based check is $30, while the fee for a certified fingerprint-based check is $45. The certified Kansas criminal record may be used for a visa application, an adoption, or other similar purposes.

A certified Kansas criminal record includes a letter having the original signature of a Kansas Central Repository supervisor stating that the record check has been conducted. The results of the check are included in the response. This letter is notarized with an embossed seal of the Kansas Bureau of Investigation.

How Can I Get My Criminal Records For Free In Kansas?

Criminal records in Kansas are not available for free. Interested persons must pay a fee when requesting Kansas criminal records. The Kansas Bureau of Investigation charges a fee of $20 for name-based criminal record requests and $35 for fingerprint-based requests. Certified copies of Kansas criminal records, on the other hand, cost $30 if it’s a name-based check and $45 if it’s fingerprint-based.

However, employers are prohibited by law from requiring persons to request for Kansas criminal records personally. Therefore, if the criminal record request is for an employment application, the employer bears the request’s cost.

HOW TO SEARCH CRIMINAL RECORDS ONLINE IN KANSAS?

The Kansas Bureau of Investigation has an online database where interested persons can search for Kansas criminal records online. The database collects information from the Sheriff’s office, police departments, prosecutors, and courts within the state. It contains data on misdemeanor and felony arrests, charges, prosecution details, court dispositions, and information on detention in confinement facilities.

Interested persons can search online for Kansas criminal records on the Criminal History Record Search site between 4:00 am and midnight, central time, daily. The Kansas Bureau of Investigation carries out scheduled maintenance every day from midnight to 4:00 am. Therefore, the online database is inaccessible at that time.

To access the criminal records database, users must create a KanAccess account on the website. Registering requires providing a first and last name, email address, and password. After signing up, search for a Kansas criminal record by entering the subject’s first and last name, as well as the date of birth. To narrow down the search, provide the subject’s middle name, social security number (SSN), alias names, weight, height, race, place of birth, occupation, and residence. The cost of this service is $20 per record.

Kansas criminal case files are also available online on the Kansas District Court Search platform. The cost of searching on the Kansas District Court Search site is $1.50 per search and $1.50 per case. Users may search for the criminal record by the court or by case number.

Records that are considered public may be accessible from some third-party websites. These websites often make searching simpler, as they are not limited by geographic location, and search engines on these sites may help when starting a search for a specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:

•The name of the person involved in the record, unless said person is a juvenile

•The location or assumed location of the record or person involved. This includes information such as the city, county, or state that the person resides in or was accused in

Third-party sites are independent of government sources and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.

HOW TO GET CRIMINAL RECORDS EXPUNGED IN KANSAS?

By Kansas law, Kansas criminal records may be expunged if the petitioner was only arrested without conviction and if the petitioner was convicted under certain conditions. By Section 22–2410 of the Kansas Statutes, a petitioner arrested but not convicted of an offense may petition to have the arrest record expunged under the following conditions:

• The arrest was a result of mistaken identity.
• The court found the petitioner not guilty.
• The court found that there was no probable cause for the arrest.
• The court believes that the expungement is in the best interests of justice.
• The charges against the petitioner were not filed or were dismissed.

On the other hand, a person who was convicted of a crime may petition the court for expungement after a specific waiting period. The offenses that require a three-year waiting period include:

• Traffic infractions
• Tobacco infractions
• Misdemeanor
• Class D and E felonies
• Off-grid felonies or non-drug crimes of severity level 6–10
• Drug-related felonies of severity level 4, committed before July 1, 2012
• Drug-related felonies of severity level 5, committed on or after July 1, 2012

On the other hand, some offenses require a waiting period to have passed since the completion of the conditions of the petitioner’s sentence, diversion agreement, probation, parole, community service, or post-release supervision. Such offenses include:

• Class A, B, or C felonies
• Off-grid felonies
• Non-Drug crimes of severity level 1–5
• Drug-related felonies of severity level 1–3, committed before July 1, 2012, but on or after July 1, 1993
• Felonies of severity level 1–4 committed on or after July 1, 2012
• Perjury
• Vehicular homicide
• Other serious vehicle or traffic offenses

A person that was convicted of driving under the influence may also petition the court for expungement after five years. However, if the petitioner was convicted more than once for driving under the influence, the waiting period is ten years. Also, a petitioner that was convicted of selling sexual relations, formerly referred to as prostitution, may after a waiting period of one-year petition for expungement if it can be proved that someone else coerced the petitioner into committing the crime.

Note, the law does not allow the expungement of convictions for manslaughter, murder, child abuse, rape, and most sexual offenses. The court may grant the order for expungement of Kansas criminal records if the petitioner meets the following conditions;

• The petitioner has not faced any conviction within the past two years and does not have any pending matter.
• The petitioner’s behavior is satisfactory enough for an expungement.
• The expungement of the petitioner’s record is consistent with the public welfare.

Persons who qualify for the criminal records expunction in Kansas may file a petition for expungement at the relevant court. The petition must contain the following;

• The full name of the petitioner
• Name of the petitioner at the time of arrest and conviction, in case of a contrast
• Gender, race, and date of birth of the petitioner
• The petitioner’s offense which warranted the arrest or conviction
• The date of arrest and conviction
• The details of the court that convicted the petitioner as well as vital information of the petitioner’s background.

Note that filing a petition for expungement attracts a docket fee of $195. Make the payment to the Clerk of the District Court. However, cases that were dismissed will not incur any cost. If the court grants the petition for expungement, the expunged criminal record is deemed by law to be nonexistent and may only be disclosed under certain circumstances.

HOW TO GET CRIMINAL RECORDS SEALED IN KANSAS?

In Kansas, expungement and sealing of criminal records have the same meaning. The law uses the two terms interchangeably. Expungement/Sealing of Kansas criminal records removes the record from the purview of the general public.

WHO CAN SEE MY EXPUNGED/SEALED CRIMINAL RECORD IN KANSAS?

Expungement/sealing of a criminal record does not mean the destruction of the record. It only makes the record inaccessible to members of the general public. Despite the expungement, the custodian of the record may make it available to the following persons or government agencies:

• The subject of the expunged record
• A private detective agency if the subject of the expungement makes an employment application with the said agency
• A court, if there is a subsequent conviction record of the subject
• The Secretary of Social and Rehabilitation Services for employment purposes
• The Supreme Court, to admit or reinstate the subject into the practice of law
• The Kansas lottery or the Kansas Racing and Gaming Commission for determining the qualifications of the subject for an employment position in the organization
• The State Gaming Agency
• The Kansas Sentencing Commission
• The Kansas Securities Commissioner, for processing the subject’s application to become a broker-dealer, investment adviser, or agent of the organization
• The Kansas Commission on Peace Officers’ Standards and Training for employment basis
• A law enforcement agency for employment
• The Attorney General to ascertain the eligibility of the subject to obtain a concealed weapon license