KSCPOST Spotlights
Spotlight Focus: KAR 106-2-2, Misdemeanor Theft as a Kansas Law Enforcement Employment Disqualifier
K.S.A. 74-5605(b) outlines eight qualifications required for certification applicants. One of these, specified in K.S.A. 74-5606(b)(3), states that an applicant must not have been convicted of a felony under Kansas law, a misdemeanor crime of domestic violence, or any misdemeanor offense that the commission deems to reflect negatively on the applicant’s honesty, trustworthiness, integrity, or competence, as defined by commission regulations.
Felony convictions and misdemeanor domestic violence convictions are clear disqualifiers for certification, even if expunged. In these cases, "conviction" also includes diversion agreements and deferred judgments (K.S.A. 74-5605(d). But what misdemeanor(s) has the commission deemed to reflect negatively on the applicant’s honesty, trustworthiness, integrity, or competence?
To determine which misdemeanor convictions disqualify an applicant, one must refer to Kansas Administrative Regulation 106-2-2. This regulation specifies that an applicant is disqualified if they have been convicted of misdemeanor theft, as defined in K.S.A. 21-5801, within 12 months prior to applying for certification. Note that this regulation requires a conviction, not just an arrest or formal charges filed in court.
In summary, three types of prior convictions disqualify an applicant from law enforcement certification in Kansas:
1. A felony conviction under Kansas law,
2. A misdemeanor domestic violence conviction, and
3. A misdemeanor theft conviction within 12 months before certification.
As we all strive to become more professional, efficient, and effective, we hope you found this spotlight topic to be informative and beneficial.
2025
February 2025- Asset Forfeiture Activity Reporting
January 2025- Welcome New Sheriffs
2024
December 2024 - Kansas Law Enforcement Officer Educational Requirements
November 2024 - Reporting Conference Training in the Central Registry
October 2024 - KSCPOST Investigations and Administrative Procedures
September 2024 - Psychological Evaluators
August 2024 - National Focus on Importance of Background Checks
July 2024 - State Mandatory Reporting for Kansas Law Enforcement Agencies
June 2024 - Annual In-Service Training Requirements
May 2024 - Central Registry Web Form Issues
April 2024 - Annual Roster Verification
March 2024 - Mandatory Written Policies for Kansas Law Enforcement Agencies
February 2024 - Unprofessional Conduct - Requirement to Report Training Act Violations
January 2024 - Employment Forms Available on the Central Registry Database
2023
December 2023 - Background Applicant Waiver and Personal History Statements
November 2023 - Suggested Background Investigation Questions
October 2023 - K.S.A. 74-5609a Tuition; Reimbursement of Tuition
September 2023 - Law Enforcement Officer Safety Act
August 2023 Spotlight - Training Classification
July 2023 Spotlight - Individual Officer Forms
June 2023 Spotlight - Inidividual Access to Training Records
May 2023 Spotlight - College Courses for Training Requirement
April 2023 Spotlight - Basic Training Hours in the Central Registry
March 2023 Spotlight - Spotlight on the Topic of the Officer Status Change Form
February 2023 Spotlight - Data from January Survey
January 2023 Spotlight - Collecting Data to Better Serve Kansas LE
2022
December 2022 Spotlight - Mission (Not Impossible) Professionalism
November 2022 Spotlight - Law Enforcement Applicant Qualifications and Applicant Disqualifiers
October 2022 Spotlight - KSCPOST Officer Status Change Form
September 2022 Spotlight- Field Training Officer's Program
August 2022 Spotlight - FY2022 Review
July 2022 Spotlight - Self-Report Form
June 2022 Spotlight - Annual 40 hours of Law Enforcement Education or Training
May 2022 Spotlight - Part-time Officers and Auxiliary Personnel
April 2022 Spotlight - KSCPOST as an Agency Resource for Applicant Background Checks
March 2022 Spotlight - The POST Approach to Mental Health and "Fit for Duty"
February 2022 Spotlight - KSCPOST Investigations
January 2022 Spotlight - Updated Demographic and Employment Form