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22-4704. Criminal history record information; rules and regulations. (a) In accordance with the provisions of K.S.A. 77-415 et seq., and amendments thereto, the director shall adopt appropriate rules and regulations for agencies in the executive branch of government and for criminal justice agencies other than those that are part of the judicial branch of government to implement the provisions of this act.

(b) The director shall develop procedures to permit and encourage the transfer of criminal history record information among and between courts and affected agencies in the executive branch, and especially between courts and the central repository.

(c) The rules and regulations adopted by the director shall include those: (1) Governing the collection, reporting, and dissemination of criminal history record information by criminal justice agencies;

(2) necessary to insure the security of all criminal history record information reported, collected and disseminated by and through the criminal justice information system;

(3) necessary for the coordination of all criminal justice data and information processing activities as they relate to criminal history record information;

(4) governing the dissemination of criminal history record information;

(5) governing the procedures for inspection and challenging of criminal history record information;

(6) governing the auditing of criminal justice agencies to insure* that criminal history record information is accurate and complete and that it is collected, reported, and disseminated in accordance with this act;

(7) governing the development and content of agreements between the central repository and criminal justice and noncriminal justice agencies; and

(8) governing the exercise of the rights of inspection and challenge provided in this act.

(d) The rules and regulations adopted by the director shall not include any provision that allows the charging of a fee for information requests for the purpose of participating in a block parent program, including, but not limited to, the McGruff house program.

(e) Rules and regulations adopted by the director may not be inconsistent with the provisions of this act.

(f) On or before July 1, 2014, the director shall adopt rules and regulations requiring district courts to electronically report all case filings and dispositions for violations of K.S.A. 8-1567 or K.S.A. 2022 Supp. 21-5426, 21-6419, 21-6420, 21-6421 or 21-6422, and amendments thereto, to the central repository.

History: L. 1978, ch. 118, § 4; L. 1979, ch. 102, § 1; L. 1993, ch. 208, § 1; L. 2011, ch. 105, § 27; L. 2012, ch. 172, § 35; L. 2013, ch. 10, § 3; L. 2014, ch. 28, § 6; L. 2018, ch. 106, § 32; July 1.

Revisor’s Note:

* The word “insure” should have been “ensure” instead.

Attorney General’s Opinions:

Criminal history record information; management control of division of information systems and computing. 84-26.

Confidentiality of information concerning juvenile offenders age 14 and older. 95-94.

Expunged municipal court records may be released to “criminal justice agency” having legitimate need for such. 2002-14.


1. Mentioned in holding 22-4712 inapplicable to district court records of criminal proceedings. Stephens v. Van Arsdale, 227 K. 676, 685, 608 P.2d 972.

2. Denial of downward departure sentence upheld; principles relating to cruel or unusual punishment discussed. State v. Thomas, 288 K. 157, 199 P.3d 1265 (2009).

3. Cited in discussion of Alford pleas and nolo contendere pleas; ambiguous plea agreement strictly construed in defendant’s favor. State v. Case, 289 K. 457, 213 P.3d 429 (2009).

4. A juvenile adjudication does not qualify as a conviction for purposes of K.S.A. 22-4906(a). State v. Reese, 42 K.A.2d 388, 212 P.3d 260 (2009).

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