Kansas Statutes § 22-4713 Criminal justice employment, fingerprinting; use and disclosure of criminal history record information for employment; confidentiality; penalties for improper use or disclosure.

22-4713. Criminal justice employment, fingerprinting; use and disclosure of criminal history record information for employment; confidentiality; penalties for improper use or disclosure. (a) A criminal justice agency as defined in K.S.A. 22-4701, and amendments thereto, shall require an applicant for criminal justice employment to be fingerprinted and shall submit such fingerprints to the Kansas bureau of investigation and the federal bureau of investigation for a search of the state and federal database. Fingerprints provided pursuant to this section may be used to identify a person and to determine whether such person has a record of criminal history in this state or in another jurisdiction. An agency identified in subsection (b) may use the information obtained from the criminal history record check for the purposes of verifying the identification of a person and in the official determination of the qualifications and fitness of such person to be employed or to maintain employment. (b) The Kansas bureau of investigation shall release criminal history record information related to adult convictions, adult non-convictions, adult diversions, adult expunged records, juvenile adjudications, juvenile non-adjudications and juvenile diversions to: (1) A city clerk for the position of chief of police as described in K.S.A. 12-1,120, and amendments thereto; (2) a county election officer for a candidate for sheriff as described in K.S.A. 19-826, and amendments thereto; (3) the governor for an appointment to the position of Kansas highway patrol superintendent as described in K.S.A. 74-2113, and amendments thereto; and (4) a state, county, city, university, railroad, tribal, horsethief reservoir benefit district or school law enforcement agency for the purpose of admitting applicants as defined in K.S.A. 74-5602, and amendments thereto, in connection with such application as described in K.S.A. 74-5605, and amendments thereto. (c) In addition to the disclosure in subsection (b), the Kansas bureau of investigation shall certify any adult conviction record, if such record is found, of a chief of police or candidate for sheriff to the Kansas attorney general. (d) (1) Fingerprints and criminal history record information received pursuant to this section shall be confidential and shall not be subject to the provisions of the Kansas open records act, K.S.A. 45-215 et seq., and amendments thereto. The provisions of this paragraph shall expire on July 1, 2029, unless the legislature reviews and reenacts this provision pursuant to K.S.A. 45-229, and amendments thereto, prior to July 1, 2029. (2) Disclosure or use of any information received pursuant to this section for any purpose other than the purpose described in this section shall be a class A nonperson misdemeanor and shall constitute grounds for removal from office. History: L. 2024, ch. 15, § 1; July 1.