Kansas Arrest Records

Kansas arrest records are official documents generated by Kansas enforcement agencies, such as local police departments and county sheriff's offices. They provide details of arrests conducted by these agencies. Some information typically found in Kansas arrest records include the arrestee's name, date of birth, address, race, age, arrest location, date, and time. Kansas arrest records also typically contain information about the arresting agency (name and agency number), arrestee's charges, and case number.

Generally, Kansas arrest records are generated by law enforcement agencies following an arrest. Per Kansas Statutes § 22-2401, a law enforcement officer may make an arrest if they have probable cause to believe a person has committed a misdemeanor or felony offense. However, while arrest records may indicate that an individual was detained, they are not a reliable means to determine the subject's criminal involvement or guilt. Typically these records are retained whether or not a conviction occurs. Notwithstanding, record-holders may petition the court to have them removed or exempt from public disclosure.

Are Arrest Records Public in Kansas?

Yes. Under the Kansas Open Record Act, members of the general public have the right to inspect and obtain copies of public records, including arrest records, maintained by public agencies in Kansas. However, K.S.A. § 45-221 stipulates that public access to certain public records may be restricted for specific reasons.

For instance, law enforcement agencies may restrict public access to arrest records if public disclosure of the records would endanger a person's life or physical safety. Furthermore, public access to arrest records may be restricted if their disclosure interferes with ongoing criminal investigation, prosecution, or law enforcement action. Meanwhile, records of juvenile offenders, including arrest records, are by default not public. These records may only be disclosed to qualified individuals for reasons outlined in K.S.A. § 38-2310.

How Do I Look Up Arrest Records in Kansas?

In Kansas, interested persons can query local law enforcement agencies, such as their county sheriff's office and municipal police departments, to look up arrest records at the county level. These agencies are generally responsible for maintaining arrest records in their respective jurisdictions. Most of these agencies also publish publicly accessible arrest records online through online tools they maintain on their official websites, such as arrest logs or reports. For instance, interested persons can visit the City of Wichita police department's public relations webpage to access the arrest records maintained by the Wichita police department. Another good example is the Newton police department's Daily Bulletin webpage, which provides records of daily arrests made by the Newton police department.

Alternatively, record seekers can submit a written public record request to a county sheriff's office or municipal police department to access arrest records at the county level in Kansas. Most local law enforcement agencies usually provide dedicated record request forms that inquirers can download on their websites and use to facilitate their requests. Some examples of these forms include the Riley County Police Department request for records or background check form and the Ellis County Sheriff's Office Records Request form. In cases where a dedicated form is not provided, record seekers can draft a public record request and submit it to a local law enforcement agency. Note that all written requests must contain a description of the desired record. Furthermore, some agencies may charge record seekers a nominal fee for written requests and additional fees for expedited service.

At the state level, interested persons can look up arrest records through the Kansas Bureau of Investigation (KBI) by requesting a Criminal History Record Information (CHRI) check on an individual. An individual's CHRI is a record that contains a state-wide summary of their arrest and prosecution criminal charges. When requested, an individual's CHRI is printed as an abstract of record, also known as a rap sheet. Interested persons can conduct a Criminal History Record Information check through the KBI's criminal history record check information site. Record seekers would need a KanAccess account to access the KBI's site. Interested persons can register a KanAccess account on the Kansas.gov portal. Additionally, users are charged a $20.00 fee to purchase records on the website.

Meanwhile, a nationwide lookup of arrest records can be conducted through the Federal Bureau of Investigation (FBI). Interested persons can request their criminal history records, which typically contain arrest records, from the FBI by submitting a written request to the Bureau's Criminal Justice Information Services Division. The written request must be submitted alongside the requester's proof of identity and a processing fee of $18 (by credit card, cashier's check, or money order made payable to the U.S. Treasury). The need to present proof of identity stems from the FBI's policy of not giving copies of an individual's arrest records to third parties.

Certain court records in Kansas also provide information about arrests in the state. Kansas court records are open to the general public unless specifically exempted by law. Hence, record seekers can also look up certain arrest records by querying relevant courthouses in Kansas. Some courthouses provide Public Access Computer Terminals in their lobby that inquirers can use to access court records they maintain. Alternatively, inquirers may submit a written request for the desired record to the courthouse's Clerk's Office.

Free Arrest Record Search in Kansas

Some local law enforcement agencies in Kansas, such as county sheriff's offices and municipal police departments, offer online tools on their official websites, such as arrest logs, daily bulletins, and reports. Record seekers can use these tools to look up Kansas arrest records in specific jurisdictions for free. Note that these tools are agency-specific. For example, the City of Newton Police Department's daily bulletin webpage reports records of arrests made solely by the City's Police Department. Unfortunately, the state of Kansas has no central repository record seekers can use to conduct free state-wide searches for arrest records.

How Long Do Arrests Stay on Your Record in Kansas?

According to the Kansas Records Retention Schedule provided by the Kansas Historical Society (KSHS), misdemeanor and felony arrest records are maintained for five (5) years and 20 years, respectively. Only local law enforcement agencies, such as police departments and sheriff's offices, are subject to the aforementioned retention schedule. Hence, long after local law enforcement agencies no longer retain arrest records, other state and federal agencies may still retain these records.

How to Seal Arrest Record in Kansas

In Kansas, interested persons can seal their arrest record by petitioning the court with jurisdiction over the case connected to the arrest. To seal an arrest record, the record and its subject must meet specific eligibility criteria outlined in relevant state statutes such as K.S.A. § 12-4516, K.S.A. § 21-6614, and K.S.A. § 22-2410. These statutes specify how long a person must wait following an arrest before petitioning the appropriate court to have their arrest record sealed. These waiting periods vary based on the kind of offense and other case-specific factors. For example, under K.S.A. § 21-6614, an individual arrested for a traffic infraction cannot have their arrest record expunged until three (3) years have passed.

Other factors outlined in the aforementioned statutes may affect one's ability to petition for record expungement. It is usually advisable to speak with a licensed attorney to find out which state statutes apply to the expungement of one's arrest records or if such records are eligible for expungement.

The subject of an arrest record may request to have their Kansas arrest record sealed by filing a petition for expungement form and paying the necessary fee to the court with jurisdiction over the case. Interested persons can request a record expungement form by contacting the court's clerk's office. In some counties, these forms are available on the county's district attorney's website, for instance, the Johnson County District Attorney expungements webpage. Petitioners must pay a $176 docket fee and an additional surcharge for each arrest record they petition to have expunged per K.S.A. § 22-2410. Nevertheless, the Kansas Court Filing Fee webpage states that other fees might raise the total cost to $195. Note that in certain cases, these fees may be waived. For instance, in cases where an individual was arrested due to being a victim of identity theft under K.S.A. 21-4018.

Arrest records petitions are usually processed within 8 to 12 weeks after being received by a court clerk. If approved, a judge would sign an order of expungement sealing the arrest record, and the court would send a notice to the petitioner and relevant government agencies. Otherwise, the court would notify the petitioner that their expungement petition was rejected.