Background Check Error Lawsuits in Kansas

Kansas's state Fair Credit Reporting Act covers background checks as well as credit reports. K.S.A. 50-704 says arrest, indictment and conviction records may not be reported once more than seven years have passed since disposition, release or parole. Federal law, by contrast, lets convictions be reported indefinitely. But the Kansas limit does not apply to reports for jobs paying $20,000 a year or more. That covers most full-time jobs, so in practice the federal FCRA's rules govern many employment reports in Kansas.

Kansas also addresses employer access to state criminal records. Under K.S.A. 22-4710, an employer may not require an applicant to request their own criminal history record. It may ask the applicant to sign a release so the employer can obtain the record. An employer that bases a decision on criminal history information is protected from liability for that decision if the information reasonably relates to the person's trustworthiness or to the safety of employees or customers. Kansas has no statewide ban-the-box law for private employers. NELP reports that Kansas adopted a fair-chance policy for public-sector hiring in 2018.

Kansas does not have a separate tenant screening statute. Tenant screening companies are consumer reporting agencies under the federal FCRA and, where it applies, the Kansas act. They must report accurately and investigate disputes. A report that shows an expunged or dismissed case, or another person's record, may support a dispute and an FCRA claim.

Where Kansas FCRA cases are filed

FCRA claims are federal, so they go to a United States District Court. Cases from Kansas are heard in one federal district:

District of KansasCourthouses: Kansas City, Topeka, Wichita.Filed with local or cooperating counsel

Our attorneys are licensed in Texas, California, and Georgia. Where they aren't admitted in your local federal court, we work with local or cooperating counsel who are. You may also be able to sue where the company that reported you is based, in a court where our attorneys are admitted:

Checkr: HQ in N.D. California
First Advantage and Sterling: HQ in N.D. Georgia
RealPage: HQ in N.D. Texas

Which court is right depends on your facts. We'll tell you at your free case review.

Kansas laws that add to the FCRA

Obsolete information, including criminal records (K.S.A. 50-704)
Bars consumer reports from including arrest, indictment or conviction records more than seven years after disposition, release or parole, except for reports used for jobs paying $20,000 or more a year and certain credit and insurance transactions. Read it
Employer access to criminal history record information (K.S.A. 22-4710)
An employer may not require an applicant to request their own criminal history record, but may have the applicant sign a release allowing the employer to obtain it. Employers are protected from liability for decisions based on information that reasonably relates to trustworthiness or safety. Read it

Common background check errors

Someone else's criminal or eviction record matched to you by name
Dismissed, sealed or expunged cases still reported
Charges reported as convictions, or misdemeanors as felonies
The same case listed several times
Eviction filings reported without the dismissal or outcome

Learn how these cases work on our background check lawsuits page, or read our lawsuit guides for Checkr, Sterling, HireRight, First Advantage, RealPage, SafeRent, RentGrow and TransUnion Rental Screening.

Frequently asked questions

Can a Kansas background check show convictions older than seven years?

Kansas law, K.S.A. 50-704, generally bars reporting convictions more than seven years after disposition, release or parole. But that limit does not apply to reports for jobs paying $20,000 a year or more, or for certain large credit and insurance transactions. Federal law has no time limit on reporting convictions.

Can a Kansas employer make me get my own criminal record for them?

No. Under K.S.A. 22-4710, an employer may not require you to request your own criminal history record to qualify for a job. The employer may instead ask you to sign a release so it can obtain the record itself.

Does Kansas have a ban-the-box law?

Kansas has no statewide ban-the-box law covering private employers. NELP reports a 2018 fair-chance policy for public-sector hiring. Employers that use background check companies must still follow the federal FCRA's notice, consent and pre-adverse action rules.

How long do I have to file an FCRA lawsuit in Kansas?

FCRA deadlines are the same everywhere: generally two years from when you discover the violation, and no more than five years from when it happened (15 U.S.C. § 1681p). Waiting can cost you the claim.

Sources

Updated November 2026. This page is general information, not legal advice.