Can a Job Offer Be Revoked Over an Old Criminal Conviction
My question involves labor and employment law for the state of: Kansas
Hello,
How can i find out what the State of KS regulation is on hiring someone with a record? My last job we had a chart...specific charges, specific years it would be waived.
Background; I recently accepted a position working for State of Kansas. With that said, i was asked to get my fingerprints completed, which i eagerly did! Now here is the kicker, not until after i completed the fingerprinting portion, did i realize a criminal record from 8-13 years ago is still readily available for the world to see (gullible to believe it would "poof" be gone). I immediately contacted the State's personnel dept. and self disclosed the information as i had checked "no convictions" on the fingerprint sheet. They allowed me to write a narrative and said it would go to a committee for discussion.
P.S. I'm not sure if it matters but the charges include; 2 Class A Misdemeanors. One for Bad Check (2001) and 1 for Driving on a suspended license (2006). There is also a dismissed Class 4 felony on the bad check case. I have been told that because my Bad Check misdemeanor coupled with dismissed felony should not be classified as a conviction due to only doing supervision but i'm not sure this is accurate.
Any help would be appreciated! I have searched high and low for the regulation information but with no luck.
Thanks,
RS
Re: Can a Job Offer Be Revoked Over an Old Criminal Conviction
Kansas allows employers to consider criminal record information only to the extent that the information bears on an employee's trustworthiness, or the safety or well-being of the employer's employees or customers. However, misrepresenting your criminal record on a job application can potentially result in the loss of employment even if the conviction itself could not of itself be considered.
Quote:
Quoting Kansas Revised Statutes, Sec. 22-4710: Unlawful for employers to require certain acts; exceptions; penalties.
(a) It is unlawful for any employer or prospective employer to require a person to inspect or challenge any criminal history record information relating to that person for the purpose of obtaining a copy of the person's record in order to qualify for employment.
(b) Any person violating the provisions of this section shall be deemed guilty of a class A misdemeanor.
(c) Notwithstanding the provisions of subsection (a) or any other provision of this act, an employer may require a job applicant or a prospective independent contractor to sign a release allowing the employer to access the applicant's or independent contractor's criminal history record information for purposes of determining the applicant's fitness for employment.
(d) The bureau may charge an employer a reasonable fee for the preparation of a report detailing such criminal history record information, and pursuant to rules and regulations may establish a fee schedule or charge varying rates depending upon the quantity of information provided.
(e) The bureau shall be immune from any and all claims or causes of action arising from the release of criminal history record information provided to an employer pursuant to a release signed by a job applicant.
(f) No employer shall be liable for any employment decision or decision to enter into a contract with an independent contractor based upon knowledge of such criminal history record information, provided the information that led to the employment or contracting decision reasonably bears upon the independent contractor's, applicant's or employee's trustworthiness, or the safety or well-being of the employer's employees or customers.