Kentucky Background Check Laws

Kentucky has a limited 'ban-the-box' law that applies only to state executive branch agencies. Executive Order 2017-681 (later codified by KRS 18A.095) prohibits these agencies from inquiring about an applicant's criminal history on initial job applications. Agencies can only inquire about criminal history after an applicant has been selected for an interview or has received a conditional offer of employment. This order does not apply to positions for which a criminal record would legally disqualify an applicant or to positions involving access to sensitive populations or information.

Kentucky law does not significantly differ from or add to the federal FCRA regarding the process of obtaining and using consumer reports for employment purposes. Employers must still comply with all FCRA requirements, including obtaining written consent, providing pre-adverse action notices, and adverse action notices. However, state laws regarding the use of criminal records (e.g., reporting limitations) can indirectly affect how FCRA-compliant reports are utilized.

Kentucky law generally does not impose specific time limitations on the reporting of criminal convictions for employment purposes, unlike some other states. However, the federal Fair Credit Reporting Act (FCRA) generally prohibits consumer reporting agencies from reporting non-conviction arrest records, civil suits, civil judgments, and paid tax liens that are more than seven years old. Bankruptcies older than 10 years are also excluded. These FCRA limitations apply unless the position's annual salary is expected to be $75,000 or more.

Kentucky law allows for the expungement of certain criminal records, including some felony and misdemeanor convictions, as well as non-conviction records (e.g., arrests not leading to conviction). Once a record is expunged, it is generally treated as if it never occurred, and employers should not inquire about or consider such records. KRS 431.076 and KRS 431.078 outline the expungement process and the effect of expungement. Employers should be cautious about using expunged records, as doing so could lead to legal challenges.

Beyond the 'ban-the-box' provisions for state executive agencies, Kentucky does not have a comprehensive 'fair chance' hiring law that applies broadly to private employers or all public employers. However, employers are encouraged to consider the nature and gravity of the offense, the time elapsed since the conviction or completion of the sentence, and the nature of the job held or sought, consistent with EEOC guidance.