Frequent Questions

  Questions

1. What is Criminal History Record Information (CHRI)?
2. Are all Kansas criminal history records fully automated and on-line?
3. If the record I want is only partially automated, how can I get the rap sheet?
4. How long does it take to have a partially automated record completed and ready for release?
5. When I run that record check again after receiving the e-mail notification that the automation process is complete, is it possible that I get a “no-record” search result?
6. Who is entitled to receive Kansas CHRI?
7. What kinds of CHRI can be received by the general public?
8. How do I properly identify the person I want to check?
9. If I’m searching by name and not by fingerprint card, how do I ensure that I get an accurate response?
10. In the name search, does it matter if I use only upper case letters or only lower case letters?
11. How should I enter the first name if the subject is known as both Robert and Robbie?
12. If I mail a request for a record check to the KBI, how quickly can I expect a response?
13. How should I safeguard the record of criminal history?
14. Must the subject of the record check consent to the record check?
15. Does the record check "expire"?
16. How do I conduct a record check for national CHRI?
17. Can I check my own Kansas criminal record?
18. Can I check my own Federal criminal record?
19. How do I correct my Kansas criminal history record?
20. How do I correct my Federal criminal history record?
21. What is a "Caregiver"?
22. Can an organization that is not, by definition, a "Caregiver" organization have a sub-element that would be considered a "Caregiver"?
23. How can I establish "Caregiver" status with the KBI?
24. May "Caregiver" agencies submit fingerprint-based record checks?
25. How far back does the Kansas criminal history database go?
26. Why must I sign into the site and enter my credit card information in order to review my Transaction History page?
27. The subject of my record check has used alias names during his lifetime. To get his criminal history record must I search on every alias name he’s ever used?
28. Can I get an “official” record mailed to me?
29. Will my employer accept a print-out of my record from this web site ?
30. Why can’t I get my own juvenile criminal history record on-line?
31. I ran my own record on-line and the rap sheet didn’t list all my arrests. Why not?
32. What is the difference between the KBI criminal history records and District Court records?
33. I know the person whose name I searched has an arrest. Why did I get a “no record” response?
34. Am I required to get a release form signed by job applicant in order to perform the record check for employment purposes?
35. I received a 'no record found' response. What exactly does that mean?
36. I requested an offline search, but never received the results. How can I get my results?
37. I am an employer that ran a record check for a potential employee.  Can I give the subject of the record a copy of the record check?

Q. What is Criminal History Record Information (CHRI)?

A. CHRI is the summary of arrests and prosecutions for criminal charges. Each state has a single central repository that is responsible for maintaining that state’s CHRI. These central repositories also provide copies of portions of their records to the FBI for inclusion in the national criminal history record database.

The Kansas Bureau of Investigation (KBI) operates the Kansas Central Repository for CHRI. Kansas CHRI consists of summary information about:

• Violations of Kansas law that are felonies or class A or class B misdemeanors. Class C misdemeanor assaults are also part of the CHRI. Juvenile offender data for the same violations of Kansas law is also included in the CHRI.
   
• Violations of municipal ordinances or county resolutions that are equivalent to a class A or B misdemeanor or class C misdemeanor assault under state statute, when that violation results in a court conviction.
   
• Disposition of the violations as reported by the prosecuting attorney.
   
• Dispositions in Kansas municipal and district courts.
   
• Incarcerations by Kansas Department of Corrections.

These records are filed by individual so that all offenses committed by an individual are organized chronologically within that individual’s file. The CHRI is associated with the subject of the record based upon fingerprint identification. When CHRI is released, it is printed in an abstract of record commonly referred to as a "rap sheet."

Q. Are all Kansas criminal history records fully automated and on-line?

A. Not all. A substantial portion of the criminal history record database is fully automated and available for immediate release on this web site. When the record you seek if fully automated, the rap sheet will be displayed immediately so that you may read the contents and print it for your records.

However there are many records in the database that are only partially automated. If the record you are searching for is one of these partially automated records, the rap sheet won’t be shown to you on this website. That is because the partially automated records are incomplete; there is information that is on file as paper records in the Central Repository that has not been data-entered into the criminal history database. Until that missing data is entered, the record can’t be properly identified as the record being searched, and the content of partially automated records can’t be released until the missing information is added to the database.

Q. If the record I want is only partially automated, how can I get the rap sheet?

A. If you search for a record on-line and there is a possible matching record that is partially automated, you will be asked if you want the Central Repository staff to manually search the database and automate any matching records found.

When the Central Repository staff completes this work and any partially automated records that match your search criteria (name, DOB, etc.) are brought to full automated status, you will be sent an e-mail advising you to return to this web site. When you do, you will be given the results of the manual search.

Q. How long does it take to have a partially automated record completed and ready for release?

A. That automation process should only take one or two business days.

Q. When I run that record check again after receiving the e-mail notification that the automation process is complete, is it possible that I get a “no-record” search result?

A. Yes. It is quite possible that the partially automated records that might have matched your search criteria no longer match after they are fully automated. Names, dates of birth and other demographic identifiers may be changed or corrected during the automation process. Also, records may be entirely removed from the database during the automation process. These are reasons why we can’t positively match your search criteria to the partially automated records, and why the record must be automated before it is matched and released.
 

Q. Who is entitled to receive Kansas CHRI (Computerized Criminal History Information)?

A. The following categories of persons and agencies have statutory access to Kansas CHRI:

• The general public.
• Criminal justice agencies. Law enforcement, prosecutors, courts and confinement facilities are entitled to CHRI for the administration of criminal justice.
• Agencies with statutory entitlements may receive CHRI as defined in the Kansas statute enabling that access. The categories of CHRI that are released are defined in the entitling statute. One example of statutory entitlements is found in Kansas statute (K.S.A.) 38-1618, that permits release of both adult and juvenile CHRI to the Kansas Department of Social and Rehabilitation Services (SRS) for certain persons under SRS care.
• Persons reviewing their own record are entitled to all adult and juvenile CHRI in their own files.

Q. What kinds of CHRI can be received by the general public?

A. Any person or organization may obtain adult conviction CHRI upon request. That means that the CHRI released will be limited to data obtained from incidents in which the subject was found guilty in court, is currently undergoing diversion or is pending court disposition. Types of CHRI that will NOT be released under these "general" requests are successfully completed diversions, expungements and all juvenile offender data.

Q. How do I properly identify the person I want to check?

A. The best identification is, of course, based on fingerprint comparison. If you can obtain the subject’s fingerprints on a ten-print fingerprint card, that is the preferred method. The fingerprint card should be the standard FBI Applicant Fingerprint Card (form FD 258) or the standard FBI Personal Identification Fingerprint Card (form FD 353). Do NOT use the FBI Arrest Fingerprint Card (form FD 249).

If it isn’t practical to obtain the subject’s fingerprints, you can search the Central Repository database by the subject’s name, date of birth, race, sex, social security number, height, weight, place of birth, occupation and residence. The name and date of birth are always required; the other data is optional but we recommend that you obtain that information for proper identification.

Q. If I’m searching by name and not by fingerprint card, how do I ensure that I get an accurate response?

A. Be sure you know the subject’s correct name and date of birth. Also obtain any other names by which the subject has been known, such as maiden names and names from previous marriages. And, if you can identify the subject’s social security number, that will be of great assistance in locating the correct record or validating that the subject doesn’t have a record.

When you enter the name, be sure to spell it correctly. The Kansas Central Repository database only uses letters, spaces and hyphens in constructing names, so don’t use any other special characters (slashes, apostrophes, foreign language characters…) or numbers. If you do, you will not locate a matching record.

For example, if you are searching for a John O’Brien, enter the last name without the apostrophe; either OBrien (no space) or O Brien (with a space). The search program will accept either version, as long as the apostrophe is omitted. If you enter O’Brien (with the apostrophe) or OBrian (misspelled) or O Brian (misspelled), the search will not work properly and you will not get proper results.

Another example. You are searching for Jose Muñez. Enter the last name without the tilde ("~") over the "n" so that the name you enter for search is Munez (or MUNEZ or munez)

A third example. You are searching for Alan Smythe-Jones. The last name is hyphenated, but the search doesn’t require the hyphen in order to find the matching record. So you may enter the last name as either Smythe-Jones, Smythe Jones or SmytheJones. Any of those variations will obtain the same search results.

Q. In the name search, does it matter if I use only upper case letters or only lower case letters?

A. It doesn’t matter; the search is not "case specific." The search will return the same results whether you enter BROWN, brown or Brown.

Q. How should I enter the first name if the subject is known as both Robert and Robbie?

A. The best strategy is to enter Rob. That will match either Robert or Robbie. Using the same logic, if you are searching for a subject whose first name is Alan, but you aren’t certain of how the name is spelled (Allan, Allen, Al), the best entry to use is Al, because that combination of letters is common to all the possible spellings.

Q. If I mail a request for a record check to the KBI, how quickly can I expect a response?

A. For both name check and fingerprint-based submissions, the KBI will process the check usually within two to four weeks after receipt. If there is a criminal record and it is missing arrest or disposition information, the KBI will attempt to obtain the missing data to complete the record. Processing times fluctuate based on the current volume of requests and the complexity and completeness of the record.

Q. How should I safeguard the record of criminal history?

A. The results of the record check, whether or not any criminal history is found, should be released only to persons with a "need-to-know" for actions directly associated with the purpose for the record check. The rap sheet and other documents from the KBI should be retained only as historical reference in support of the decision for which you requested the CHRI.

Q. Must the subject of the record check consent to the record check?

A. No. State statute or regulation doesn’t require that the subject consent to the check or even be made aware of the check.

Q. Does the record check "expire"?

A. Yes, a record check has a very limited useful life. If you use the results of the record check, then find that a subsequent decision is to be made at a later time, a new record check should be made to obtain current criminal history information. Criminal histories change over time; not only are new arrests recorded, but often there are court orders and appeals that remove an existing criminal event from a person’s file.

Q. How do I conduct a record check for national CHRI?

A. The Federal Bureau of Investigation (FBI) maintains the national criminal history database for support of criminal justice agencies within the United States. Non-criminal justice access is not available to the general public.

Q. Can I check my own Kansas criminal record?

A. Yes. You may obtain a copy of your CHRI to review for accuracy and completeness. You should NOT request your CHRI in order to provide it to an employer or a prospective employer. That is because you will be given ALL of the CHRI in your record, including types of information (diversions, expungements or juvenile arrests) that the employer is not entitled to receive. Also, there is a state law (K.S.A. 22-4710) that prohibits your employer from requiring you to obtain your own CHRI. The employer should request your record directly from the Central Repository.

Q. Can I check my own Federal criminal record?

A. The FBI has procedures to release CHRI to the subject of the record for review and challenge. To obtain your own record, contact the FBI by writing to: Criminal Justice Information Services Division, Attn: SCU, Module D-2, 1000 Custer Hollow Road, Clarksburg, West Virginia 26306. OR by going to the FBI website: (FBI Link)

Q. How do I correct my Kansas criminal history record?

A. If you have documents that contradict the information recorded in your CHRI, contact the KBI for instructions on submitting those documents. The Records Section staff will help correct or complete your record. Or you may click here for detailed instructions.

Q. How do I correct my Federal criminal history record?

A. The FBI has specific procedures to complete and correct CHRI in their database. In general, the FBI requires the criminal justice agency responsible for the data (for example, the police department that booked the arrest or the district court in which the case was tried) to provide proper documentation through the KBI to the FBI. Specific requirements and steps for correcting or completing the federal record are included with the CHRI record that the FBI sends to the subject of the record.

Q. What is a "Caregiver"?

A. An agency, activity or organization whose primary functions involve the care of children, the elderly or the disabled may be considered a "Caregiver" by the KBI. This designation entitles the agency to receive record checks from the Kansas Central Repository at a reduced rate.

Q. Can an organization that is not, by definition, a "Caregiver" organization have a sub-element that would be considered a "Caregiver"?

A. Yes. For example, a general hospital doesn’t qualify for caregiver status because the hospital’s overall functions aren’t primarily for the care of the three groups (children, elderly and disabled). However, the hospital’s geriatric ward and pediatrics unit would qualify because the staff and volunteers working in those portions of the hospital are primarily concerned with provision of qualifying care (in this case for the elderly and for children). Therefore, the hospital would be approved for "Caregiver" rates for record checks for staff and volunteers working in the geriatrics ward and the pediatrics unit.

Q. How can I establish "Caregiver" status with the KBI?

A. Submit a Caregiver Account Application to the KBI. If approved, your organization will be issued an "Agency Account Number" that permits record checks on a billed basis with the KBI.

Q. May "Caregiver" agencies submit fingerprint-based record checks?

A. Yes. Caregiver agencies may submit fingerprint cards or conduct name-based record checks on the Public Access web site.

Q. How far back does the Kansas criminal history database go?

A. The oldest records date back to 1939.

Q. Why must I sign into the site and enter my credit card information in order to review my Transaction History page?

A. Because your credit card information (or your INK Subscriber Account number) is used to identify you. Without that, the system doesn’t know which transaction history to display. Your account will NOT be charged for reviewing your history.

Q. The subject of my record check has used alias names during his lifetime. To get his criminal history record must I search on every alias name he’s ever used?

A. Not necessarily.

Every name by which the subject has been known to law enforcement is included in the name search program. If you locate a criminal history record for any one of the names, the rap sheet will list all the other names by which the subject has been. So as soon as you find a record, your search is over.

But since the subject may not have arrested under all of his/her aliases, you may search an alias name that you are aware of but that is not part of the subject’s criminal history record. When that happens, you will get a “no record” response.

Q. If I conduct an on-line record check, will I get the same criminal history record as I would get by mailing a record check request to the KBI?

A. Yes.

Q. Can I get an “official” record mailed to me?

A. The record that is displayed on this web site is the “official” state criminal history record from the Kansas Central Repository. Simply print the displayed record and that should be sufficiently “official.”

However, if you need a signed document attesting to the search results, you may consider requesting a certified copy of the record check. Click here to go to the page providing explanation and instructions for that service.

Q. Will my employer accept a print-out of my record from this web site ?

A. Your employer should not be requiring you to obtain your own Kansas criminal history record. That is prohibited by Kansas law. Go to K.S.A. 22-4710 for the exact wording of the law.

Q. Why can’t I get my own juvenile criminal history record on-line?.

A. Juvenile records are strictly protected in Kansas. The only means to obtain your own juvenile history is to positively identify yourself by fingerprint submission to the Central Repository at the KBI. Click here to go to the page of explanation and instruction for obtaining your complete record, which will include both adult and juvenile arrests, dispositions and incarcerations.

Q. I ran my own record on-line and the rap sheet didn’t list all my arrests. Why not?

A. If you run a name check on this web site, you will only receive that portion of the record that is releasable to the general public. If you want to obtain your complete criminal history record you must submit a fingerprint card to positively identify yourself to the Central Repository. This rule protects you from someone who might otherwise pose as you and improperly obtain your juvenile record or expunged information. Click here for further information and instructions on receiving your own record.

Q. What is the difference between the KBI criminal history records and District Court records?

A. The criminal history records maintained by the Central Repository at the KBI contain arrest information, summary of prosecutor actions, court dispositions and incarcerations. These records are based on fingerprint identification, which provides positive identification of the subject of the record. The Central Repository records encompass all jurisdictions in Kansas.

The court records include information only about the court activity at the district court level. There is no consolidated court database containing all court data for all Kansas districts. Also, the arrest and prosecutorial actions are not reflected in district court databases.

Q. I know the person whose name I searched has an arrest. Why did I get a “no record” response?

A. There are several possible reasons:

• The arrest didn’t result in a conviction.
• You misspelled the subject’s name or have an incorrect date of birth.
• The subject was arrested under a different name.
• The arrest wasn’t reportable to the Kansas Central Repository because it wasn’t a felony offense, a class A or B misdemeanor or a class C assault.
• The arrest may have been an arrest in another state or an arrest by a federal agency; neither of those are events that are included in the Kansas Central Repository.
• The arresting agency failed to send a report of the arrest to the Central Repository.

Q. Am I required to get a release form signed by job applicant in order to perform the record check for employment purposes?

A. There is no legal requirement in Kansas that the subject of the record check sign a release to authorize the record check. However, advising the person that you are going to run a record check and obtaining their consent is generally a good idea.

Q. I received a 'no record found' response. What exactly does that mean?

A. 'No record found' means the person has no criminal history records in our files or the person does not have a releasable record. We do NOT release juvenile offender data, successfully completed diversions, dismissals, acquittals or expunged records.

Q. I requested an offline search, but never received the results. How can I get my results?

A. You should sign back on to the web site using your credit card or INK Subscriber Account number. Once you are signed on go to Transaction History to view your results.

Q. I am an employer that ran a record check for a potential employee.  Can I give the subject of the record a copy of the record check?

A. Yes, you can give the subject of the record a copy of the record check.  If you or your agency disseminates the record or its contents then you will need to maintain an audit log.