Kansas Arrest Records

Kansas has an arrest rate of 2,651.8 arrests per 100,000 residents. Kansas's arrest rate is significantly higher than the national average of 2,181.7 arrests per 100,000 people. When compared to neighboring states like Oklahoma, Missouri, and Nebraska. Kansas's arrest rate is conspicuously high. Oklahoma has an arrest record rate of 1979.87 arrests per 100,000 residents, while Missouri's arrest rate is 2,456.11 arrests per 100,000 people both lower than Kansas. However, Nebraska has an arrest rate of 3,027.25 arrests per 100,000, which is higher than Kansas's arrest rate.

Annually, law enforcement agencies across Kansas report about 67,000 arrests. Drug abuse violations account for the highest arrest rate of 15.9%. Other arrests recorded in the state include Larcet-theft at 6.6% aggravated assault at 4.1% and burglary at 0.85%.

What Is an Arrest Under Kansas Law?

Per Kansas Statutes 22-2202, arrest is the restraining or detention of an individual by law enforcement officers to bring them before the courts to answer for criminal charges. Generally , arrests involve using legal authority to deprive someone of their freedom to make them answer for offenses committed.

Type of Arrests in Kansas

Generally, law enforcement officers in Kansas carry out two major types of arrest - Warrant arrest and Warrantless arrest.

Warrant Arrests

A warrant arrest is the lawful detention of a person by peace officers based on a warrant issued by a judge or magistrate. The warrant gives the officer the right to restrain an individual and take them into custody to answer for crimes committed. A warrant is a legal document specifying the name of the person to be arrested and the crimes accused of. Judges in Kansas issue arrest warrants based on probable cause presented by law enforcement officers. Probable cause means the peace officer has enough evidence or facts to make a reasonable person believe the suspect committed a crime.

Police officers in Kansas may detain an individual without a warrant. A warrantless arrest is where law enforcement arrests someone without obtaining a warrant. Although warrantless arrests are legal, police officers may only conduct warrantless arrests under specific conditions, including:

• The officer witnessed the crime
• The officer has probable cause to believe that the person has committed a crime
• The officer believes that waiting to get a warrant would pose a threat to others or allow the suspect to escape

In addition to warrant as warrantless arrest, Kansas law typically recognizes other forms of warrants, including:

• Search Warrants: A search warrant is a court order that permits law enforcement to search a specific location for evidence of a crime. Search warrants are issued when the police have probable cause to believe that they will find evidence that could solve a case
• Bench Warrants: A judge issues a bench warrant when a person fails to appear in court as scheduled. A bench warrant permits law enforcement to arrest the individual as soon as they are found
• Capias Warrants: The courts issue a capias warrant to someone already facing charges to comply with some terms issued by the court. Capias warrant is issued to ensure that court orders are followed. Usually, the individual is taken into custody to fulfill their legal obligation
• No-Knock Warrants: No-Knock Warrants allow peace officers to enter a property without first announcing their presence. The courts grant no-knock warrants when there are concerns that making their presence known would lead to the destruction of evidence, escape of the suspect, or cause potential harm to police officers

What Are Kansas Arrests Records?

Kansas arrest records are official documents that contain information about a person's detention. Arrest records are created when law enforcement officers arrest a person for a suspected crime, regardless of the outcome -conviction, dismissal, or acquittal. Generally, the content of arrest records in Kansas includes:

• Personal information of the arrested individual, including their name, alias, date of birth, gender, and address
• Details of the arrests, such as the date, time, and location of the arrest, and the reason for the arrest
• The specific charges for which the person was taken into custody
• Court information, court dates, and case number
• Mugshot and fingerprints
• The name and badge number of the arresting officer

Arrest and criminal records are legal documents from the criminal justice system but serve different purposes. Arrest records typically document a person's detention by law enforcement. It does not include information about the court outcome or whether or not the person was convicted. Criminal records are generally more comprehensive than arrest records. It contains all interactions an individual has with the criminal justice system, from arrest records to the outcomes of court proceedings, including convictions, acquittals, and dropped charges.

How Can Arrest Records Be Accessed in Kansas?

Generally, arrest records are considered public records in Kansas. Per the Kansas Open Records Act (KORA), all public records, including arrest records, are open for inspection and copying by anyone except those exempted from the public by law. Although arrest records are publicly accessible in Kansas, not all arrest documents are open to the public. Arrest records such as juvenile arrest records, ongoing investigations, and sealed or expunged court records containing sensitive and private information are exempted from public view. While confidential arrest records are closed to the public, law enforcement agencies, persons named on the record, employers with special authorization, and licensing boards may access restricted arrest records. Generally, public arrest records are accessible through the following:

Kansas Bureau of Investigation (KBI) Public Access Portal

The KBI generally maintains arrest records at the state level. The KBI has a central repository for criminal history information, which includes arrest records. Individuals may access arrest records online through the Kansas Criminal History Record Check platform. Record seekers may create an account using the KanAccess tool to access arrest records through the platform. Input the full name and other identifying information of the arrest report desired. A processing fee is required to obtain the records.

Local Law Enforcement

The police department and sheriff's offices across Kansas generally maintain arrest records from arrests made within their jurisdiction. To access arrest records, interested persons may contact the records division of the police department or sheriff's office and provide the necessary information to obtain the record. While some police officers and county sheriff offices offer online portals to access arrest logs, booking information, and inmate rosters, others may require record seekers to fill out request forms in person or by mail.

The Court Level

Where an arrest leads to formal charges and court proceedings, it typically includes arrest records. Court records are generally available at the court where the case is being heard. Arrest records are filed at the courts in the county where the offense occurred. The Kansas Judicial Branch offers an online portal - the Kansas eCourt Public Access Portal to access all court cases filed and tried in the state. Record seekers may search for case records containing arrest records using the case or file number. Alternatively, interested persons may access arrest records directly at the court clerk's office in the country where the case was filed.

How Long Will an Arrest Report Stay on Your Kansas Records?

Generally, arrest records remain permanently on a person's record until sealed or expunged. In Kansas, arrest records are not automatically wiped off or disappear after a predetermined period. Instead, it remains on a person's file with law enforcement agencies and the state's criminal record system until the record holder seals or expunges the record.

Can You Expunge Your Arrest Records in Kansas?

In Kansas, arrest records may be removed through expungement. Expunging arrest records allows individuals to remove their arrest report from public view. Per Chapter 22-2410 of the Kansas Statute, any person may apply to have their arrest records expunged by petitioning the courts for the sealing or erasing of the record. However, not all arrest records are eligible for expungement. Generally , the following arrest records holders are entitled to have their records expunged:

• The individual was arrested but not formally charged
• The individual was arrested and found not guilty or the charges were dropped
• The individual completed a diversion program instead of facing criminal charges

Persons eligible for expungement of their arrest record in Kansas may wait a certain period depending on whether the charges were dismissed, acquitted, or the person attended a diversion program. There is no waiting period for arrest records that were dismissed or acquitted. However, persons who attend a diversion program may apply to expunge their arrest records three years after completing the program.

Applying to expunge arrest records in Kansas begins with filing a petition with the court where the case was heard. After filing, the petitioner may serve other parties involved. There may be a hearing to review the petition, where the judge decides if expunging the records is in the best interest of all parties involved. If the court grants the request, the arrest record will no longer appear in background checks. Although expunging the arrest record removes it from public view, law enforcement agencies, the courts, prosecutors, licensing boards, certain employers, and federal agencies may still have access to the records.

Is Citizen's Arrest Legal in Kansas?

Yes, citizen's arrest is legal in Kansas. A citizen arrest occurs when a private person detains someone they believe has committed a crime. Chapter 22-2403 of the Kansas Statute provides the legal framework for how a private citizen may arrest another. Generally , a person who is not a law enforcement officer may legally detain another person under the following conditions:

• The private citizen witnessed the crime directly
• The individual has probable cause to believe that the person has committed the crime

After making the arrest, the person must immediately contact law enforcement. Kansas law does not permit the arresting individual to hold the suspect for a prolonged period or take them to jail. Also, individuals making a citizen's arrest may not use more force than is necessary during the arrest.

Likewise, police officers may conduct citizen arrests. Off-duty officers and officers outside their jurisdiction may conduct citizen arrests if they witness a crime. They can detain the person under the same laws that govern a private citizen's arrest.

A citizen's arrest differs from a false arrest. In a citizen's arrest, a private person detains another individual they believe has committed an offense. Citizen's arrest is legal and backed by Kansas law. A false arrest, on the converse, is holding someone without justification or sufficient evidence that they committed a crime. False arrest generally is unlawful and carries legal consequences for detaining a person without justification.

How to Look Up Arrest Warrants in Kansas

Looking up arrest warrants may be done through various channels in Kansas. Local law enforcement agencies keep records of all arrest warrants issued within their jurisdiction. Record seekers may look up arrest warrants at the record division at the county sheriff's office and police departments across Kansas. Many police departments and county sheriff's offices provide online warrant search tools to access arrest warrants, while others may require searchers to fill out a form to obtain the document.

Interested persons may also access arrest warrants through the courts. Court records may contain information on arrest records and warrants. The Kansas District Court provides public access to court records through the Kansas Court Case Search. Also, court records are accessible at the clerk of court offices in the county where the case was heard.

The KBI offers a public online tool to access criminal records, which may include arrest records and active warrants. Likewise, the Kansas Department of Corrections (KDOC) has a searchable database, KDOC Offender Search, where individuals may look for warrant-related probation and parole violations. There are also third-party websites that aggregate data from public records and allow users to search for arrest records and warrants on their platform. The service typically requires subscriptions or fees.