Kansas Arrest Records Online | StateRecords.org

Are Arrest Records Public in Kansas?

Under the Kansas Open Records Act (KORA), arrest records are public information. The reason for this is to serve the public interest. Based on this law, interested persons may access criminal records in the state on request. These criminal records include arrest records of persons arrested in Kansas. Any individual who wants to obtain a public arrest record in Kansas may query the arresting law enforcement agency.

The Sheriff’s department or other local law enforcement agencies often offer public arrest record search services. However, the following records are some of the records that must be closed and not made available to the public.

What is Considered an Arrest Record in Kansas?

An Arrest record in Kansas is a file or official documentation of an arrested person and the incident that led to the arrest. Typically, a suspect is taken to the appropriate police department for booking and fingerprinting after an arrest. These booking details then form part of the arrest record, which lists all the offenses the person is suspected of having committed. Yet, it does not provide information on the case’s eventual outcome, as this is contained on Kansas criminal records.

Arrest records are public information managed by Kansas law enforcement agencies. Such records identify the nature of the crime and whether legal action will arise from it. However, the existence of an arrest record is not proof that the arrested person committed the crime. As a result, the law may allow for a modification or erasure of the record in certain circumstances.

What Shows Up in a Kansas Arrest Record?

In Kansas, arrest records provide a detailed description of a person’s alleged crime and subsequent arrest by law enforcement agencies. Arrest records in Kansas often contain the following details:

Physical Attributes of the Suspect: The arresting officer must provide a physical description of the accused person. This includes the person’s height, weight, sex, eye, and hair color. Others are the person’s race, tattoos, scars, piercings, and any distinctive features.

The Suspect’s Personal Information: An arrest record in Kansas must provide personal information on the suspect for identification purposes. This personal information includes the suspect’s full name and alias(es), if any available, current address, and Social Security Number (SSN). It may also include the suspect’s occupation, workplace, and birthplace.

General Booking Information: An arrest record must detail the circumstances of the arrest and booking information. These details refer to the time and date of the arrest, type of arrest, location of the arrest, booking number, and the time and date of booking. Also, it must contain the suspect’s mugshot, fingerprints, bail amount (if any), outstanding warrants (if any), etc.

General Crime Information: The arrest record must classify the category that the crime belongs to. Generally, crimes in Kansas are minor violations like public nuisance offenses, misdemeanors like petty theft, and DUIs or felonies, murder, and arson. The arrest record states the kind of crime the person committed and whether any charges will follow.

Who Can Access Arrest Records in Kansas?

Any interested person can access arrest records in Kansas, provided the law allows it. The arrested person is often one person interested in seeking out arrest records. Other interested parties who may choose to search for arrest records in Kansas are employers and third parties who want to perform a background check. A background check involves an employer, an agency, or a person seeking information about a person’s history. This may include the person’s criminal history, in which arrest records form part. Despite the public nature of arrest records, there are some reasons why a person may not have access to them, such as:

Current Investigation: Arrest records related to an ongoing investigation are exempt from public access, pending the matter’s conclusion. The reason is to prevent third parties from meddling with the investigation.

Public Security: If the law enforcement agency feels that the information on the arrest record may pose a risk to public security or safety, it may withhold the arrest record from public viewing.

Certain Sex Crimes: Generally, arrests for sex crimes are public information, and every state has a sex offender registry with which convicted persons must register. However, for certain sex-related crimes, the state may make the records viewable by only law enforcement agencies.

Limitations on Background Checks: Organizations, employers, and schools need the consent of the person named on the records to gain access. However, government agencies like law enforcement may access a person’s criminal records without consent.

Juvenile Protection: If the person named in the arrest record is a juvenile delinquent or was one at the time of the arrest, Kansas state limits the persons who may access the juvenile arrest records. Relevant agencies may release the record to the person’s parent(s). The agencies may also release it to a third party who has obtained a Juvenile Court order to release the document or other authorized parties. Authorized parties by law include a district attorney, law enforcement agency, probation department, coroner, the subject of the record, etc.

Other circumstances where a person may not get access to an arrest record are:

If the arrest record contains confidential or financial information.
Where information on the arrest record may pose a danger to another person’s privacy.
If releasing the record will expose the identity of a confidential source

Kansas Arrest Statistics

The Kansas Bureau of Investigation (KBI), established by the Attorney General, maintains the state’s criminal justice records. Every year, the Bureau publishes a crime index report based on data collected from various law enforcement agencies in the state through the Kansas Incident-Based Reporting System (KIBRS). In 2020, the crime index rate in Kansas increased 1.4% from 29.3 offenses per 1,000 people in 2019 to 29.7 in 2020.

The information contained in the report also supports the crime in the U.S. report published annually by the FBI. FBI data suggests that there were 40,048 male arrests and 15,934 female arrests made in Kansas. A breakdown by race reveals that 43,800 were white, 11,281 were black or African American, 451 were Asian, and 449 were American Indian or Alaska Natives.

For all other offenses except traffic, there were 16,976 arrests; 9,165 arrests for drug abuse violations, 8,161 for simple assault, 6,712 for driving under the influence, and 3,831 for theft. The 2020 FBI arrest statistics for Kansas were based on data from 222 law enforcement agencies out of 418 law enforcement agencies that year. This data accounts for 12 months of arrest reporting in the state.

In 2021, the KBI reported 52, 279 adult arrests, a breakdown of this number revealed:

Drug Equip Offense - 1,928 arrests
Bad Checks - 27 arrests
Disorderly Conduct - 832 arrests
DUI - 3,248 arrests
Drunkenness- 428 arrests
Family Offenses - 129 arrests
Liquor Violations - 557 arrests
Trespass - 716 arrests
All other offenses - 7,987 arrests

For 4,818 juvenile arrests, there were:

Drug Equip Offense - 114 arrests
Disorderly Conduct - 98 arrests
DUI - 55 arrests
Family Offenses - 7 arrests
Liquor Violation - 175 arrests
Trespass - 67 arrests
All other offenses - 503 arrests

How Do I Lookup Someone’s Arrest Records in Kansas?

The first port of call, if a person wants to search for arrest records, is the law enforcement agency that carried out the arrest and filed the booking information, which is usually the police department. Interested persons may visit, call or mail the department or Sheriff’s office to find the records. Other government agencies like the Kansas Criminal Courts and County offices also maintain arrest records, warrants, and mugshots.

These are other places where an individual may look up someone’s arrest records, like third-party sites. These sites sweep through official databases to gather information on a person’s background history and criminal information. This information includes anything from the person’s name and bio-data to aliases and last known locations. The service may be free or for a fee, depending on the site.

How to Subpoena Arrest Records in Kansas

As long as arrest records are not exempt from disclosure, the public may inspect and obtain copies of them. However, if the records are sealed or exempt from public viewing, the only way to get hold of the record is by a subpoena. A subpoena is a legal order that requests a person to appear in court or produce certain documents. Section 22-3214 of the Kansas Statutes provides for subpoenas in criminal proceedings. Under that section, an authorized person may use a subpoena and other compulsory processes to compel the agency responsible for the arrest records to release them. All courts having criminal jurisdiction in Kansas may also compel law enforcement to serve subpoenas on certain persons needed in court to produce the records.

How to Search for an Inmate in the Kansas Prison System

The Kansas Department of Corrections (KDOC) manages all prisons and correctional facilities in the state. Interested persons may use the KDOC Offender Search tool to find current inmates in the system. To facilitate the search, input the offender search criteria in one or more of the required fields. The criteria for the search are the last, first, or middle name of the offender or the person’s KDOC number, which is a unique identification code for prisoners in Kansas. After providing these details, complete the reCAPTCHA challenge and click ‘submit’.

For an advanced search of the database, provide the person’s Social Security Number and State ID (KBI) Number. Next, fill the required spaces for the race, gender, and birth date in the mm/dd/yyyy format. Input an age range, e.g., from 23 through 25 - select other details like the name of the particular conviction county and the facility’s name. Then ‘submit’ after completing the reCAPTCHA. A successful search will produce details of the inmate's charges, current sentence, and personal data. Searchers may also choose to view offender mugshots as well.

How Do I Find Out if Someone Was in Jail in Kansas

To know if a person served time in any Kansas jails, an individual must first find out the person’s location and status on the DOC system. The department manages a Kansas Adult Supervised Population Electronic Repository (KASPER), available on the DOC website. Information is updated on the repository every day of the week except weekends. The KASPER database contains information on persons sentenced to custody since 1980.

It includes persons currently incarcerated, under post-incarceration supervision, and those discharged from a sentence. A search through the database reveals the violations for which the person was found guilty, the offender’s status (parole, probation, or conditional release, etc.) It also provides basic information on the offender like a name, KDOC registration number, and physical description.

How to Find Recent Arrests in Kansas

To find Kansas County's most recent arrest, inquirers can search the inmate roster of the county, for example, a requester can find recent arrests in Johnson County by conducting an Inmate search on the County Sheriff's Office website. The search can be conducted by first and last name. Also, requesters can review the Booking and Release Report available on the Sheriff's website to find recent arrest information.

Similarly, information regarding inmate search in Sedgwick County can also be carried out on the Sheriff’s website. At the “inmate search locator” icon, requesters can search for a name by entering the “first and last name” of the inmate and thereafter click on the “search button”.

It must be noted that Sedgwick County public record contains a database of arrested persons in custody and the information herein may not be the person’s actual current location or other information which can change.

How Long Do Kansas Arrest Records Stay on File?

There is no clear-cut duration in the Kansas Statutes for which an arrest record may be active. The general practice is that a person’s record remains visible until there is an action to remove it. Local and state agencies manage these arrest records and do not have the authority to erase them automatically. Any person that wants to delete an arrest record will have to get the record sealed or file for an expungement.

Are Arrest Reports Public in Kansas?

An arrest report is a detailed record provided by a law enforcement officer when a person gets arrested in Kansas. The arrest report contains the arrest information of an individual, the time, place, and personal description of the arrestee and the arresting officer. The arrest report details events leading to arrest, and the events following the incident with alleged involvement in criminal activity.

Arrest reports can also contain details of any witnesses of the individual’s offense, evidence collected at the scene of the crime, and statements made by the individual during the arrest. Kansas arrest records are generally public information unless otherwise specified by state statute.

How to Obtain Arrest Records for Free in Kansas?

To get an arrest record in Kansas for free, the interested may visit the nearest local police station. Once there, the person can carry out an arrest search and obtain copies of the arrest records. However, these records do not come entirely free. The requester will still have to pay a nominal fee to certify, copy or authenticate the arrest record.

Alternatively, the interested person may visit the arresting agencies website or any of the court websites in Kansas. On these government and court websites, a person can get free arrest records; the only drawback is that these records may not be comprehensive enough for a person to understand the circumstances of the arrest. Another way to obtain arrest records for free in Kansas is to use a third-party site that offers free access.

How to Search for a Kansas Arrest Record Online Using a Third-Party Search Service

A common way for people to find arrest records online in Kansas is through a third-party search service. These third-party search services source information with no delay or long processing times. The need for these services in Kansas may arise when it is challenging to obtain an official paper copy of an arrest record or through the government databases managed by law enforcement agencies.

To find a Kansas arrest record on a third-party search site, the individual must first have a preferred site in mind. Next, input the site into a web browser either on a phone, tablet, or computer. Internet access is also required for the search. Once the site opens up, fill necessary details of the record owner, like the person’s name and identification number, into the required search fields. Some sites may demand verification that the searcher is not a robot, which takes only seconds to complete. Depending on the site and what it offers, the searcher may also pay access fees or subscription plans.

How to Correct an Arrest Record in Kansas?

Arrest records form part of a person’s rap sheet or criminal history in Kansas. Sometimes, there may be inaccurate or incomplete information contained in the record. In that case, the affected person may challenge the record by writing to the KBI explaining the error. Such an individual must also attach documents that provide the correct information and follow these guidelines:

The person may highlight or circle the error on a copy of the arrest record.
The letter to the KBI must contain detailed information and a return address.

The right mailing address is to the Kansas Bureau of Investigation, Attn: Criminal History Records Section, 1620, SW Tyler, Topeka, KS 66612-1837.

How to Expunge Arrest Records in Kansas

In Kansas, criminal records, such as an arrest record, can create problems for the person named in the record. It may make it difficult to get a good job, housing, or credit facilities. So, people are often looking for ways to delete arrest records and live a good life.

Under Section 22-2410 of the Kansas Statutes, a person arrested within the state may file a petition to the district court for the expungement of the arrest record. The right of expungement applies to only two circumstances. If a person’s arrest was due to mistaken identity or where another person used the identifying information of the named person, the record might be expunged. Mistaken identity here arises when a person’s wrongful arrest is due to a misidentification by a witness or law enforcement. Confusion as to the suspect’s identity or some other mistake may also lead to a wrongful arrest.

The charge against the person must first be dismissed or not prosecuted. The prosecuting attorney or any other judicial officer who declined to prosecute or ordered the dismissal shall notify the court of the action. Then, the officer or prosecutor may petition the district court to expunge the arrest record. After filing the petition, the court will set a date for hearing the petition and notify all relevant parties. The party filing the petition must pay a $176 docket fee.

A petition for expungement of arrest records in Kansas must contain the following details:

The petitioner’s full name.
If the petitioner’s current name is different from that at the arrest, the new name must be in the petition.
The race, date of birth, and sex of the petitioner.
The type of crime for which the person was arrested.
It must also include the date of the petitioner’s arrest.
The particular law enforcement agency that carried out the arrest.

In the hearing, any person with a case against the petitioner may testify, as the court may investigate the petitioner’s background. The following circumstances may compel a court to grant an expungement order:

If it is shown that the arrest occurred because of mistaken identity.
If, after investigations, the court finds no probable cause for the arrest.
Where the petitioner was found not guilty in the court proceedings that followed the arrest.
If it is shown that the expungement is in the best interest of justice.
Where no charges have been filed, or the charges have been dismissed.

Upon a successful application, the court may order the arrest record to be expunged and purged from all applicable state and federal systems or databases. The custodian of the arrest or incarceration records may not disclose the arrest or any information related to it except on the order of the person whose arrest record was expunged. The named individual will then be treated as not having been arrested.

Even though an expungement order removes an arrest record from public access, the court may still make the order available under the following conditions:

Suppose the named person applies for employment with a private detective agency, as security personnel with a private patrol operator, or the Kansas Department for Aging and Disability Services. In that case, these agencies may have to check the record.
Where the person applies for admission or for an order of reinstatement to practice law in Kansas.
If the person seeks to work in sensitive or other areas of the Kansas lottery, the record may be important in determining the person’s qualifications.
If the person applies for a commercial driver’s license in Kansas.
Where it is necessary to determine a person’s qualification to be an employee of the state gaming agency, a tribal gaming commission, or a tribal-state gaming compact.
In all other circumstances that the court deems appropriate.