Kansas Arrest Records
Kansas arrest records are part of a person’s criminal background history in the state. It contains all information on arrests for misdemeanors or felonies that resulted in convictions. As part of a person’s criminal history, arrest records are public according to the Kansas Open Records Act (KORA). Requesters may find information on arrests through local law enforcement offices like the sheriff, the courts, or the Kansas Bureau of Investigation (KBI). Record requests are also available online for free through third-party sites with limited information.
An arrest record in Kansas may contain an individual’s personal information, the details of their arrests, the name and signature of the judge who issued the warrants, the time and place when and where the arrest happened, and any convictions, if available.
What Laws Govern Arrests in Kansas?
Under Kansas law, law enforcement officers can make an arrest under the following circumstances:
- They have a warrant of arrest for the individual concerned.
- They have probable cause that a warrant has been issued to arrest the person.
- Someone has committed or is committing a felony or a misdemeanor in the presence of a law enforcement officer or the public.
There are also cases when a police officer may perform an arrest if they believe that any evidence of the crime can be tampered with or lost unless the offender is arrested. An officer can also arrest a person if they mean any harm or can inflict injury to another person.
Tribal law enforcement and university police officers can also make an arrest anywhere within their county or if their assistance is needed in pursuit of an offender. If a police officer stops a possible suspect, they may demand the person’s name, address, and an explanation for their actions. Law enforcement officers can frisk any suspect for dangerous weapons and take any confiscated weapon until after they are questioned. However, the officers are only allowed to return weapons that the arrested person lawfully possesses.
In some cases, law enforcement may also employ the help of a private citizen to assist in an arrest in case a crime like a felony is committed by another in public. However, citizen’s arrest does not apply in infractions related to traffic or the use of cigarettes or tobacco.
Mandatory arrests are applicable to criminal acts like rape, domestic violence, and stalking incidents.
What Is the Arrest Booking Process in Kansas?
The booking process in Kansas can last from less than an hour to a few hours. The time depends on the number of arrested individuals being booked at the time of arrest. The number of available booking officers also matters.
The first step of the booking process is the police or any other law enforcement authorities asking for personal information. This includes a name, date of birth, address, race, or any other similar information. The booking officer will then input the details in a local or state database as part of official records. After the initial interview, a live-scan electronic fingerprinting will be used to gather the arrested individual’s prints. The live-scan process will be run through the KBI’s database to see any match for priors.
Once that is done, the police will take a mugshot to take note of the individual’s physical condition at the time of the arrest. Some counties in Kansas will also use the mugshot pictures as an ID card with the inmate’s name and booking number.
The police can also perform a strip search for any other evidence or contraband and will return personal items upon the release of the individual on bail, if applicable.
What Are Kansas Mugshot Records?
Mugshots are part of Kansas arrest records and are available to the public. While the police usually use a mugshot to take note of the arrested person’s condition and physical appearance at the time of the arrest, law enforcement also uses mugshots to help victims identify offenders.
How Long Does an Arrest Record Stay in Kansas?
Since arrest records are part of a person’s criminal history in Kansas, they remain on a person’s record unless they apply for expungement. In cases where a person is wrongfully arrested for mistaken identity or had their case dismissed, the expungement is immediate and the record will be automatically sealed or removed from all records.
However, most misdemeanors and felonies have to wait a minimum of five (5) years before they can apply to expunge their Kansas arrest records.
How To Expunge an Arrest Record in Kansas
The expungement of Kansas arrest records is available to seal any arrest records from a person’s criminal record history.
A person can have their arrest record immediately expunged and without any surcharge or fee due to the following reasons:
- They were arrested as a result of mistaken identity, which makes the arrest erroneous
- Their case was dismissed due to lack of evidence or probable cause
- The judicial officer or prosecuting officer declined to prosecute
On the other hand, those who want to file for an expungement to seal their Kansas arrest records need to pay $100 for the docket fee and file to the court where their case was heard. The eligibility for expungement of criminal cases is at least five (5) years with the exception of the following, which cannot be expunged from a person’s criminal record history:
- Abuse of a child
- Endangering a child
- Rape
- Sexual battery of minors
- Indecent liberties and solicitation of a child
- Murder
- Manslaughter
- Rape
- Aggravated incest
- Aggravated criminal sodomy
- Commercial driving under the influence
Petitioners who wish to file for their Kansas arrest records to be expunged must include the following information in their filing:
- Full name
- Date of birth
- Sex
- Race
- Details of the crime that led to the arrest
- Date of the arrest
- Information of the arresting law enforcement agency
Once the documents are filed, the court will process the expungement request between two to four (2-4) weeks.
How To Search Kansas Arrest Records
The public can search for arrest records in Kansas using the following methods: online, in-person, or by mail.
Online
The most convenient way of searching for arrest records in the state is online. A big portion of the Kansas criminal history record database has been automated and is available through the Criminal History Record Search of KBI using a KanAccess account. Every search also comes with a fee of $20 each, but requesters can download and print their own copy if the person’s record information is available. Searches are also only available starting from 4:00 a.m. in the morning until midnight central time.
The KBI also has an offender lookup tool for individuals with outstanding and prior arrest records. Third-party sites are also available sources of information but may vary depending on availability.
Note that since not all information from the KBI is automated, searching for someone’s criminal history record might turn up a partial rap sheet, including arrests.
In-person
In case Kansas arrest records are not available online, interested parties may request information in person by visiting the local sheriff’s offices or other law enforcement agencies.
In-person requests are also available at the courts. However, every hour of search is charged for $20. Each court in Kansas has a reserved computer for public searches including court cases involving any arrests.
Another way to look for Kansas arrest records is to request a complete criminal background check from the KBI. However, only the person named on the record can request their own criminal history. Mailed requests should include a $35 cashier’s check, personal check, or a money order payable to the KBI Record Fee Fund and a fingerprint card.
All requests should be mailed to the KBI and will be processed between 10 to 14 days upon receipt.
Note that some records may not turn up, especially if they involve the arrest of a minor.
Counties in Kansas
- Allen
- Anderson
- Atchison
- Barber
- Barton
- Bourbon
- Brown
- Butler
- Chase
- Chautauqua
- Cherokee
- Cheyenne
- Clark
- Clay
- Cloud
- Coffey
- Comanche
- Cowley
- Crawford
- Decatur
- Dickinson
- Doniphan
- Douglas
- Edwards
- Elk
- Ellis
- Ellsworth
- Finney
- Ford
- Franklin
- Geary
- Gove
- Graham
- Grant
- Gray
- Greeley
- Greenwood
- Hamilton
- Harper
- Harvey
- Haskell
- Hodgeman
- Jackson
- Jefferson
- Jewell
- Johnson
- Kearny
- Kingman
- Kiowa
- Labette
- Lane
- Leavenworth
- Lincoln
- Linn
- Logan
- Lyon
- Marion
- Marshall
- Mcpherson
- Meade
- Miami
- Mitchell
- Montgomery
- Morris
- Morton
- Nemaha
- Neosho
- Ness
- Norton
- Osage
- Osborne
- Ottawa
- Pawnee
- Phillips
- Pottawatomie
- Pratt
- Rawlins
- Reno
- Republic
- Rice
- Riley
- Rooks
- Rush
- Russell
- Saline
- Scott
- Sedgwick
- Seward
- Shawnee
- Sheridan
- Sherman
- Smith
- Stafford
- Stanton
- Stevens
- Sumner
- Thomas
- Trego
- Wabaunsee
- Wallace
- Washington
- Wichita
- Wilson
- Woodson
- Wyandotte