Arrests.org KS – Search Kansas Arrest Records
Arrest records serve as crucial documents in law enforcement and legal proceedings, offering insights into a person’s encounters with the criminal justice system. In the state of Kansas, these records are maintained and made accessible through two primary avenues: the Kansas Bureau of Investigation (KBI) and the county sheriff’s offices. This article aims to provide a comprehensive guide on how to obtain arrest records in Kansas, highlighting important details and considerations.
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Role of the Kansas Bureau of Investigation (KBI)
The Kansas Bureau of Investigation, commonly referred to as the KBI, serves as the state agency responsible for managing criminal history records within Kansas. Accessing arrest records through the KBI involves a straightforward process:
- Submit a Request Form: To obtain an arrest record from the KBI, interested parties must complete and submit a request form. These forms are typically available on the KBI website or can be obtained in person from their office.
- Pay a Fee: The cost associated with obtaining an arrest record may vary depending on the type of record check requested. The fee structure can also change over time, so it’s advisable to check the current fee schedule on the KBI website.
- Request a Record Check: Once you’ve completed the request form and paid the required fee, you can submit your request for a record check to the KBI. This process is typically straightforward and designed to ensure transparency and ease of access.
County Sheriff’s Office Records
In addition to the KBI, each county sheriff’s office in Kansas maintains its own set of arrest records for incidents that occur within their jurisdiction. Here’s how to access these records:
- Contact the Sheriff’s Office: To obtain an arrest record from a specific county sheriff’s office, you should reach out to that office directly. Contact information for each county’s sheriff’s office can usually be found on the official county website.
- Inquire About Fees: It’s important to be aware that county sheriff’s offices may charge a fee for providing arrest records. Be sure to inquire about any associated costs during your initial contact with the office.
Important Considerations
When dealing with arrest records in Kansas, there are several essential points to keep in mind:
- Public Records: Arrest records in Kansas are considered public records, which means that they are generally accessible to anyone who requests them. This transparency is crucial for ensuring accountability and maintaining trust in the criminal justice system.
- Not Necessarily a Conviction: An arrest record should not be equated with a criminal conviction. It merely signifies that an individual was taken into custody by law enforcement. The outcome of any legal proceedings following the arrest may vary and can result in acquittal, dismissal, or conviction.
- Expungement Possibility: Depending on the circumstances of the arrest and the applicable laws, some arrest records in Kansas may be eligible for expungement or sealing. Expungement typically removes the record from a person’s criminal history, providing them with a fresh start.
Is Criminal Record and Arrest Information Public in Kansas?
Under the Kansas Open Records Act (KORA), arrest and criminal records are typically accessible to the public unless explicitly prohibited by the statute.
For instance, KORA prohibits the disclosure of criminal records that could reveal a confidential informant’s identity, juvenile records, investigative records that might interfere with law enforcement activities or case prosecution, or information disclosing personally identifying details of crime victims.
The Fair Credit Reporting Act restricts the inclusion of credit history and specific criminal records or arrests to a seven-year lookback period. This means that anything older than seven years cannot appear on a commercial (professional) background check.
Kansas statute 50-704 imposes the same seven-year lookback limitation on Kansas criminal records for jobs paying under $20,000 per year. Positions paying more may have a longer lookback period due to increased responsibilities.
The Equal Employment Opportunity Commission (EEOC) provides guidance to agencies requiring background checks on employees and enforces compliance with anti-discrimination laws. In essence, agencies should not use a criminal record alone as a disqualifier for a position and should consider other factors in hiring decisions.
Distinguishing Between Kansas Criminal Records Searches and Arrest Records Searches: What Information is Revealed in a KS Record Check?
Arrest records and criminal records, while often used interchangeably, offer distinct sets of information in the context of Kansas background checks.
In Kansas, arrest records provide insight into an individual’s detention by a state law enforcement agency, disclosing the date of the arrest and the associated criminal charges. Importantly, they do not convey the case’s final disposition, whether it was dismissed, dropped, or if the person was ultimately found guilty or not guilty. Essentially, an arrest record merely signifies an accusation of a crime and does not equate to a conviction.
On the other hand, Kansas criminal records offer a far more comprehensive account. They encompass details regarding the arrest, the charges filed (which may differ from the initial cause of the arrest), and the ultimate court resolution (including dismissed or dropped charges, acquittals, guilty pleas or verdicts, and any related sentencing information).
It’s essential to note that not all charges lead to an arrest, so a criminal record may include instances where the accused received a summons to appear in court without being taken into custody. Additionally, criminal records provide insights into whether a person participated in a diversion program or deferred prosecution, along with the outcomes of these interventions.
How to Find Recent Arrests and Reasons for Jail Detention in Kansas?
To find recent arrest records in Kansas or understand why someone is in jail, it is essential to consider the four W’s:
Who: You need the full name of the person arrested, but at a minimum, the last name is required for a search.
What: Knowing the charges against the person helps determine if it’s a crime that typically results in an arrest or a summons.
Where: You must know the Kansas county where the person was taken into custody to determine which jail or courthouse to search for records.
When: The date of the arrest is crucial. For example, if the person was recently arrested, you may need to look at the jail processing center. If the arrest happened weeks ago, they might have already posted bond.
This information can help you determine if someone is in police custody and how to go about posting their bond if required.
Searching for Arrest Records in Kansas City Jails
Individuals arrested by municipal law enforcement in Kansas are usually taken to the nearest county detention facility for pretrial confinement. For example, a person arrested in Wichita, Kansas, would typically be taken to the Sedgwick County Jail. Therefore, you can use online tools or contact the county Sheriff’s office to find information on inmates in county jails.
Searching for Public Arrest Records Statewide in Kansas
Statewide criminal records in Kansas are accessible through the Kansas Bureau of Investigation (KBI). You can obtain a background check through KBI, which includes misdemeanor and felony convictions, municipal ordinance violations, Department of Corrections confinements, and arrests from the previous year, even if no disposition has been entered. To request these records, you need a KanAccess account, and there is a $20 fee per report.
Another option for accessing criminal records is the Kansas Office of Judicial Administration. However, this source may not provide a complete criminal history, as only certain counties upload their information. The cost for each search is $1.50, and payment can be made online by card.
Searching for Criminal Records Through the Court System
To obtain a person’s criminal history within the state of Kansas, courts are one of the best sources. Since all convictions involve a hearing and a judge or jury decision, courts maintain in-state criminal history reports.
You can search for criminal records through the County Clerk of Court Case Access portal. Additionally, each clerk of court’s office maintains a public terminal where individuals can search Kansas criminal records for free. Disposition information is currently only available at the clerk’s terminals.
Searching for State Court Records Through Kansas Judicial Branch
The Kansas Judicial Branch provides an online search portal called the Kansas Judicial Branch Case Management System. This portal allows you to find records related to court cases. If case information cannot be found through the online portal, you can visit the nearest courthouse and use the public terminal maintained by the clerk’s office. Some public records must be searched at the courthouse and cannot be placed in the centralized system.
Keep in mind that the information provided by the online portal includes details about the type of charge (infraction, traffic, misdemeanor, or felony), court location, and defendant’s birth year but does not display disposition information.
Obtaining Official Criminal Records in Kansas
For official Kansas criminal records, you must go through the Kansas Bureau of Investigation (KBI). KBI offers an online access portal for authorized users to conduct official name-based statewide searches. To access this service, you need a KanAccess account available on the state’s official government website. The cost for a statewide background check is $20 per person searched, payable by debit or credit card at the time of the request.
If a fingerprint-based background check is required, you must submit an official set of fingerprints to the Kansas Bureau of Investigation for processing. You can have your fingerprints taken at any local police station or sheriff’s office, although there may be a fee for this service. After obtaining the fingerprints, mail them to the address below, along with $35 to cover the fees:
KBI (Kansas Bureau of Investigation) Attention: Criminal History Records Department 1620 Southwest Tyler St. Topeka, Kansas 66612-1837
This background screening encompasses both state and national records, including an FBI background check. It will reveal all convictions, whether misdemeanor or felony, and may include information on sentencing and arrest records in Kansas.
Locating Individuals on Probation or Parole in Kansas
Convictions do not always lead to prison sentences; many individuals are placed on probation or released on parole. The Kansas Department of Corrections maintains records for individuals in various stages of the criminal justice system.
You can conduct an online search based on the offender’s name or KDOC inmate number to access information about individuals in state prisons, on parole, or under supervised probation. The search results include details such as full name, aliases, KDOC number, photo, birthdate, demographics, current status (incarcerated, on parole, on probation, or released/discharged), convictions resulting in DOC involvement, location history, rehabilitation program completion, and infractions during incarceration.
It’s important to note that these records do not include convictions leading to unsupervised probation or fines only. Additionally, records that have been sealed or expunged from a person’s record are not included.
Sealing or Expunging Criminal Records in Kansas
Sealing a record removes it from public records, while expungement erases the matter entirely in most cases. To expunge a record in Kansas, it must meet the criteria outlined in Statute 21-6614, which specifies eligible convictions, waiting periods before expungement, and the process.
In Kansas, there is a waiting period of 5 to 10 years before a person can petition the court for expungement. A five-year wait applies to first-time convictions of crimes (except those explicitly excluded from expungement), while a ten-year wait applies to second or subsequent convictions (excluding those specifically excluded).
Expungement cannot be requested for convictions of violent felonies, such as homicide, sexual assault, or cases involving abuse or exploitation of minors.
Regarding dropped charges, under Statute 22-2410, a person may petition to expunge arrest records in Kansas if the case resulted in a non-conviction, such as dismissal, dropped charges, or acquittal in court. Additionally, in cases of mistaken identity, the court can automatically order the expungement of the arrest record once the mistaken identity is established.
In summary, if charges are dismissed, a criminal record will still exist until it is expunged, and it will remain on a person’s record.
Locating State Prisoners and Federal Inmates in Kansas
Prisoners in Kansas state prisons can be found using KASPER (Kansas Adult Supervised Population Electronic Repository). You can search by first or last name, aliases, or KDOC number, and the tool may display photos or mugshots when available.
The United States Bureau of Prisons maintains a facility in Leavenworth, Kansas, housing around 1,700 inmates. The BOP provides an online search portal for the public to locate inmates in its facilities. You can search by inmate name or BOP number to find information such as the inmate’s full name, BOP number, age, race, sex, location, and projected release date (or whether the person was sentenced to life in prison or placed on death row). This information does not include details about the person’s charges or convictions.
For information on criminal cases, you can use PACER (Public Access to Court Electronic Records) for documents filed after November 1, 2004. PACER requires registration for access, and there is a small fee for searching federal records.
Discovering and Viewing Active Arrest and Bench Warrants in Kansas
In Kansas, access to specific federal criminal records via PACER is feasible, but typically, warrants remain confidential until resolved by a federal judge.
Kansas House Bill 2389 imposes restrictions on revealing sworn testimony about active arrest and bench warrants until after execution, yet the actual warrant may be disclosed to the public beforehand.
The discretion of divulging warrant information to the public lies with law enforcement agencies, as arrest records are categorized as public records and constitute an integral component of a criminal history inquiry.
Locating Sexual Predators Through the Kansas Sex Offender Registry
You can perform a name-based search of the Kansas Public Offender Registry to access information on all registered sex offenders in the state, including those who have relocated to Kansas after convictions in other states. By entering the last and first name of the individual, you can find information about their sex offense conviction, view their mugshot, discover any aliases they may use, access demographics, last known location, and details about their conviction, such as charges, level of the crime, court of jurisdiction, offense date, and conviction date.
You can also search for Kansas offenders through the Dru Sjodin National Sex Offender Registry, which redirects you to the Kansas website. Additionally, Kansas maintains a database for individuals at risk of prescription substance abuse.
Searching for Drug Offenders Using K-TRACS in Kansas
K-TRACS is a State of Kansas-managed system designed to assist healthcare professionals, such as doctors and pharmacists, in monitoring individuals who have been flagged as potential prescription drug abusers.
Although this database is not accessible to the general public, it plays a crucial role in the background screening procedures for individuals employed within the medical field in the state, including pharmacists.
It’s important to note that any queries conducted on Kansas criminal records must adhere to both state and federal laws, as well as the policies set forth by the relevant agencies.
Legal Considerations for Background Checks in Kansas
Personal background checks can be conducted on individuals with or without their knowledge or consent. However, professional background checks for employment, tenant screening, or licensure must comply with both state and federal laws.
The Fair Credit Reporting Act (FCRA) places restrictions on lookback periods for credit history and provides guidance on criminal history checks. Employers are required to inform individuals when information obtained may be used in the hiring decision. FCRA also limits the lookback period for non-convictions to seven years.
The Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws to prevent the illegal use of criminal history to discriminate against otherwise qualified candidates based on protected class status.
Under the Kansas Open Records Act (KORA), adult criminal records are generally public records unless sealed or expunged by the court. Juvenile records are automatically sealed and cannot be included in background checks.
Executive Order 18-12, signed by the Kansas governor, provides “ban the box” protections for state employees, meaning inquiries about criminal history cannot be made until after an interview has been scheduled. This applies to most positions except those where a criminal record alone would automatically disqualify an applicant, such as public safety positions.