22-4707.
Restrictions on dissemination of criminal history record information; penalties.
(a) A criminal justice agency and the central repository may not disseminate criminal history record information except in strict accordance with laws including applicable rules and regulations adopted pursuant to this act. A criminal justice agency may not request such information from the central repository or another criminal justice agency unless it has a legitimate need for the information.
(b) Noncriminal justice persons and agencies may receive criminal history record information for such purposes and under such conditions as may be authorized by law, including rules and regulations adopted pursuant to this act.
(c) In addition to any other remedy or penalty authorized by law, any individual violating or causing a violation of the provisions of this section shall be deemed guilty of a class A nonperson misdemeanor. If the person is employed or licensed by a state or local government agency, a conviction shall constitute good cause to terminate employment or to revoke or suspend a license.
History:
L. 1978, ch. 118, § 7; L. 1995, ch. 251, § 18; July 1.
Notes of Decisions
Wichita Eagle & Beacon Publ'g Co. v. Simmons, 50 P.3d 66 (Kan. 2002).
“Although K.S.A. 22-4707 restricts the dissemination of criminal history record information and certain arrest records, a' public agency may disclose court records, information concerning an arrest, or the status of a pending investigation.”
State ex rel. Stephan v. Finney, 836 P.2d 1169 (Kan. 1992).
“22-4701(c) and the dissemination to them of any information contained in the criminal justice information system by the KBI could be violative of K.S.A. 22-4707. Section 4(q) of the compact also provides that “Members of the Tribal Law Enforcement Agency shall attend the Kansas…”
Goldbarth v. Kansas State Bd. of Regents, 9 P.3d 1251 (Kan. 2000).
“Under K.S.A. 22-4707(a), it is illegal for a criminal justice agency to request information on a citizen’s criminal record “unless it has a legitimate need for the information.”
State v. Ruff, 967 P.2d 742 (Kan. 1998).
“The data sent to the KBI and collected in a central repository is maintained as “[c]riminal history record information.”
Eaton v. Meneley, 180 F. Supp. 2d 1247 (D. Kan. 2002).
“In Patrick , this Court stated that the state law restriction on circumstances under which criminal justice agencies may request criminal history information, § K.S.A. 22-4707(a), does not create or demonstrate a federal privacy interest: While state statutes and regulations may…”
K.S.A. § 22-4707(a): 3 cases
Goldbarth v. Kansas State Bd. of Regents, 9 P.3d 1251 (Kan. 2000).
“Under K.S.A. 22-4707(a), it is illegal for a criminal justice agency to request information on a citizen’s criminal record “unless it has a legitimate need for the information.”
Eaton v. Meneley, 180 F. Supp. 2d 1247 (D. Kan. 2002).
“In Patrick , this Court stated that the state law restriction on circumstances under which criminal justice agencies may request criminal history information, § K.S.A. 22-4707(a), does not create or demonstrate a federal privacy interest: While state statutes and regulations may…”
K.S.A. § 22-4707(c): 1 case
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