Kentucky Background Check Laws You Should Know
Kentucky background check rules are a blend of federal law (which sets the floor) and Kentucky-specific statutes around expungement, fair-chance hiring for state jobs, and industry-specific screening requirements.
Federal Laws That Apply in Kentucky
Fair Credit Reporting Act (FCRA)
The FCRA is the primary federal law governing employment background checks. In Kentucky, as elsewhere, the FCRA requires employers to:
- Provide a clear written disclosure before running a background check
- Get your written authorization
- Give you a "pre-adverse action" notice and a copy of the report if they may take negative action based on it
- Send a final adverse action notice if they decide not to hire or promote you because of the report
The FCRA also caps how long certain non-conviction information can be reported (typically seven years), though criminal convictions themselves have no federal time limit and arrests not leading to convictions, civil suits, and most other non-conviction items have a seven-year cap.
Title VII of the Civil Rights Act
Title VII prohibits employment discrimination based on race, color, religion, sex, or national origin. EEOC guidance encourages Kentucky employers to make individualized assessments of criminal records, considering the nature of the offense, how long ago it happened, and whether it relates to the job, rather than applying blanket disqualification policies.
Fair Chance to Compete for Jobs Act (Federal "Ban the Box")
For federal agencies and many federal contractors, this law delays criminal history questions until after a conditional job offer has been made.
Important Kentucky Laws
Kentucky Expungement, KRS 431.073 and HB 377 (2023)
Kentucky has expanded its expungement law several times since 2016. Under KRS 431.073, as amended:
- Class D felonies: Most Class D felony convictions are now eligible for expungement after a five-year waiting period from the completion of the sentence, with HB 377 (2023) further expanding the list of eligible offenses, including certain drug-related Class D felonies.
- Misdemeanors: Most misdemeanor convictions can be expunged after a five-year waiting period, often through a single petition for a series of misdemeanors arising from the same incident.
- Dismissed and acquitted charges: Charges that were dismissed, acquitted, or never prosecuted can typically be expunged with a simpler process.
Expungement in Kentucky requires filing a petition with the court, paying a filing fee (currently $250 for felonies, $50 for misdemeanors and dismissed charges in most cases, with possible waivers), and waiting for a judge's ruling. Once granted, an expungement removes the conviction from public records, though law enforcement and some licensing agencies may still see it.
Fair Chance Employment Initiative (Executive Order 2017-064)
Kentucky's Ban-the-Box rule, established by Executive Order 2017-064, applies to executive-branch state agencies only. It removes the conviction history question from initial state job applications. The order does not extend to most private employers, county or city government, or the legislative or judicial branches of state government. Some Kentucky cities, including Louisville Metro and Lexington-Fayette, have their own local Ban-the-Box rules for municipal hiring.
No General State Seven-Year Limit
Unlike California, New York, and a handful of other states, Kentucky does not impose its own statewide cap on how far back conviction records can be reported in employment screening. The federal FCRA rules apply, which means non-conviction items are generally capped at seven years, but criminal convictions can be reported indefinitely, particularly for jobs paying above the FCRA salary threshold.
Industry-Specific Requirements
Several Kentucky industries have additional fingerprint-based background check requirements set by state or federal law, including:
- Healthcare workers and nurse aides (through the Kentucky Cabinet for Health and Family Services)
- Public and private school employees, including substitute teachers and bus drivers
- Childcare providers and youth-serving organizations
- Real estate, insurance, and certain financial-services license holders
Important: Kentucky law changes frequently, especially around expungement eligibility and fair-chance hiring. Verify current rules with the Kentucky Court of Justice, KSP, or a qualified Kentucky attorney before acting on any specific situation.