Will I lose my job after an arrest? In Kansas the answer depends on your employer, your job and what happens next, not on the arrest alone. An arrest is not a conviction. The U.S. Equal Employment Opportunity Commission says the fact that a person was arrested is not proof that they committed a crime. But Kansas employers have wide freedom over who they keep, and the first threat to a job is practical: a missed shift while someone sits in the Sedgwick County Jail. This page covers what employers can consider and six steps that protect a paycheck.
Getting released quickly is the first one. Case Bail Bonds is at 705 N Broadway, three blocks from the jail. Call (316) 900-1667 at any hour.
On this page
- What can an employer do with an arrest?
- Jobs where an arrest matters more
- 6 steps to protect your job
- DUI and jobs that involve driving
- Will the arrest show up on a background check?
- Frequently asked questions
- Call Case Bail Bonds
What can an employer do with an arrest?
The EEOC, the federal agency that enforces employment discrimination law, publishes guidance on arrest and conviction records. Its main points:
- An arrest alone is not proof of anything, and an employer should not treat it as proof.
- An employer may look into the conduct behind the arrest and ask the person to explain.
- The employer can then decide whether that conduct makes the person unfit for the job.
- A blanket rule against anyone with a record can violate federal law if it screens out one race or national origin far more than others and is not closely related to the job.
- When weighing a record, employers should consider the nature and seriousness of the offense, the time that has passed and the nature of the job.
That guidance sets limits. It does not guarantee a job. Most private employment in Kansas is at will, which means an employer can end it for almost any reason that is not specifically illegal. A union contract, a written employment contract or a public employer’s rules can give you more protection than that. Check which applies to you.
Jobs where an arrest matters more
Some work comes with a duty to report or a license at risk.
| Kind of job | Why an arrest matters |
|---|---|
| Commercial driver | A DUI or a suspended license affects the license itself. The county’s DUI diversion program excludes people who held a commercial license at the time |
| Health care, child care, teaching | Licensing boards and background checks may ask about arrests and charges |
| Jobs with a security clearance or work on a military base | Reporting rules may apply |
| Jobs that require driving | An administrative license suspension can start before the criminal case ends |
| Positions handling money | A theft charge goes to the heart of the job |
If you hold a professional license, read your board’s rules or call a lawyer before you say anything to anyone.
6 steps to protect your job
1. Get out fast
Every hour in custody is an hour you are not at work and cannot explain why. If the jail record shows a bond amount, it can be posted at any time of day. Kansas sets the minimum premium at 10% of the bond, with half of that due before posting.
| Bond | Minimum premium | Minimum due before posting |
|---|---|---|
| $500 | $50 | $25 |
| $2,500 | $250 | $125 |
| $5,000 | $500 | $250 |
Compare that with a week of lost wages. Local residents may also qualify for release on a signature at no cost. See OR bond in Sedgwick County.
2. Read your handbook
Look for a policy on reporting arrests or charges. If one exists, missing the deadline can be a bigger problem than the arrest. If none exists, you may have no duty to volunteer anything.
3. Talk to a lawyer before you talk to your boss
Anything you tell an employer about the facts can end up in the case. A defense lawyer can tell you what you must report, what you can leave out and how to say it. A short, true statement is usually best: there was an incident, you are handling it and it will not affect your work.
4. Schedule court around work
Most court dates are on weekdays, at 525 N Main or City Hall. You will need time off. Ask early and in writing, and do not invent a reason that can be disproved. Know your dates in advance. Our guide on how to check a court date in Sedgwick County shows where to look.
5. Follow every bond condition
A second arrest, or a bond revocation that puts you back in jail, makes keeping a job much harder. If your bond includes GPS monitoring or check ins, build them into your work schedule. See defendant responsibilities after bail and arrested again while on bond.
6. Ask about diversion
The outcome matters more than the arrest. A completed diversion ends in a dismissal, and there is no conviction to report. The Sedgwick County District Attorney runs programs for DUI, drug possession, suspended license and traffic cases, with a 30 day window to apply in most of them. See diversion in Sedgwick County.
DUI and jobs that involve driving
Two clocks start on the night of a DUI arrest.
- The license. Under K.S.A. 8-1020, a driver has 14 days from the officer’s notice to request an administrative hearing with the Division of Vehicles. A request made on time keeps the temporary license in place until the hearing is decided.
- The criminal case. That runs for months.
If you drive for work, the 14 day deadline is the one that protects your job in the short term. Details are in DUI bail bonds in Wichita. If the license is suspended later, an ignition interlock device may be required to drive. See ignition interlock in Wichita.
Will the arrest show up on a background check?
It can. Arrests and court cases are public records in most situations, and District Court case records are available through the state’s public access portal. Three things change what an employer sees later:
| Outcome | Effect on your record |
|---|---|
| Charges never filed or dismissed | The arrest record can still exist until it is expunged |
| Diversion completed | The case is dismissed |
| Conviction | Appears on background checks until it is expunged, if it ever qualifies |
Kansas allows expungement of arrest records and of many convictions after waiting periods. Our expungement in Wichita page explains the basics.
Frequently asked questions
Do I have to tell my employer I was arrested?
Only if a policy, a contract or a license requires it. Check before you decide, and get legal advice.
Can I be fired for being arrested in Kansas?
In most private jobs, an at will employer can end employment for reasons that are not specifically illegal. Federal guidance says an arrest by itself should not be treated as proof of misconduct.
Can I be fired for missing work because I was in jail?
An employer can treat an unexplained absence as a reason. That is why release comes first.
Will my employer be notified by the court or the jail?
Courts and jails do not routinely notify employers. The booking is a public record, though.
Can I leave the state for work while on bond?
Only if your bond and your bondsman allow it. See can you leave Kansas while on bond.
Call Case Bail Bonds
We are a family owned company run by Tyson and Rachel Case. We are open 24 hours at 705 N Broadway, Wichita, KS 67214. Call (316) 900-1667.
Sources
- U.S. Equal Employment Opportunity Commission, arrest and conviction records
- K.S.A. 8-1020, administrative hearing on license suspension, Kansas Office of Revisor of Statutes
- K.S.A. 22-2809b, compensated sureties
- Sedgwick County District Attorney, DUI diversion guidelines
- Sedgwick County Sheriff, how to post bond for an inmate
This article is general information checked against the sources above in October 2026. It is not legal or employment advice.
