Kentucky Screening Laws (2025 Update)

In summary, Kentucky background screening laws 2025 rely on federal anchors and targeted state rules.

• Kentucky has no statewide ban‑the‑box for private employers; however, state executive hiring defers criminal history inquiries.
• Municipalities like Louisville and Lexington promote fair‑chance hiring for public roles.
• Regarding lookback, the FCRA limits non‑conviction reporting to seven years, while convictions may appear indefinitely unless expunged.
• Employment credit reports restrictions stem from the FCRA, which requires consent and adverse action notices.
• Additionally, AI background checks offer speed and scale, yet they demand bias testing and Title VII vigilance.
• Sixth Circuit case law, including Peoplemark and Bickley, warns against blanket exclusions and unauthorized report pulls.

Therefore, employers should adopt job‑related criteria, document decisions, and train teams to reduce employment lawsuits Kentucky businesses face.

Criminal Background Checks: Lookback Rules and Disqualifiers

Kentucky allows employers to order name-based or fingerprint-based criminal background checks. The Kentucky State Police Criminal Identification and Records Branch is the state’s central repository. The Kentucky Court of Justice also provides court record reports through the Administrative Office of the Courts.

How far back can employers look?

• Non-convictions: Under the federal Fair Credit Reporting Act (FCRA), most arrests and non-convictions older than seven years are not reportable by a consumer reporting agency. See FCRA.
• Convictions: Conviction records may be reported indefinitely under the FCRA, unless expunged or sealed by law.
• Expungement: Kentucky law allows expungement of many misdemeanors and certain felonies. See the Kentucky Court of Justice’s expungement resources.

Therefore, employers should focus on job-related, recent convictions and respect expungement orders.

Obtaining Kentucky criminal records

• Kentucky State Police records: Use KSP’s request process for official criminal history (KSP Records). This unit is commonly referenced as the state’s criminal records branch.
• Court of Justice reports: The Kentucky Administrative Office of the Courts offers name-based court records via AOC.

Role-specific disqualifying offenses

Some roles carry mandatory disqualifiers by statute or regulation. Employers must follow those stricter rules.

• Childcare and health facilities: The Cabinet for Health and Family Services runs the Kentucky Applicant Registry and Employment Screening program (KARES). Disqualifying offenses include violent crimes, sex offenses, abuse, certain drug trafficking, and neglect-related offenses. See CHFS KARES.
• K‑12 schools: Districts must conduct criminal background checks. Certain convictions bar employment in schools under Kentucky law. See the Kentucky Department of Education’s site: Kentucky Department of Education.
• Law enforcement: Peace officer certification requires background screening. Disqualifying offenses include felonies and specified misconduct. See Commonwealth of Kentucky and the Kentucky Department of Criminal Justice Training.

Additionally, sensitive financial roles may require fidelity bond eligibility. Prior fraud or theft convictions can disqualify candidates.

Ban‑the‑Box in Kentucky: State and Local Rules

Kentucky does not have a statewide ban‑the‑box statute that covers private employers in all industries. However, Kentucky’s executive branch removed the criminal history question from initial applications for state jobs by executive action. See the Kentucky Personnel Cabinet for current policy updates: Kentucky Personnel Cabinet.

What Kentucky employers should know in 2025

• State government hiring: The Commonwealth’s executive branch follows fair‑chance hiring practices that delay criminal history inquiries until later in the process. Therefore, state applicants face fewer early barriers.
• Local governments: Several municipalities have adopted ban‑the‑box for public employers and, in some cases, contractors. Check your city or county HR policies and ordinances.
• Private employers: There is no Kentucky‑wide law that bars private employers from asking about criminal history on initial applications. Nevertheless, many private employers voluntarily adopt fair‑chance policies to reduce risk.

Common exceptions

• Law enforcement and corrections roles.
• Childcare, education, elder care, and healthcare positions with statutory bars.
• Positions requiring statutory background checks or fidelity bonding.

Important: If your municipality has a stricter ordinance, comply with the local rule. Louisville Metro and Lexington‑Fayette Urban County have long promoted fair‑chance hiring for public roles. Review applicable city websites: Louisville Metro and Lexington‑Fayette.

Restrictions on Employment Credit Reports

Kentucky does not have a comprehensive statewide statute that prohibits employment credit checks across industries. Consequently, employers follow the federal FCRA and applicable sector rules when using credit reports for hiring.

What FCRA requires

• Permissible purpose: You must have a valid employment purpose before obtaining a credit or background report.
• Written consent: Obtain clear, written, stand‑alone authorization before pulling a report.
• Pre‑adverse action: If you might deny employment based on the report, provide the report and the Summary of Rights under the FCRA.
• Adverse action notice: If you take adverse action, send a compliant notice with the CRA’s contact details and dispute rights.

When credit checks make sense

Credit checks are most defensible for positions with significant financial duties. For example, accounting, finance, cash handling, or fiduciary roles. Additionally, employers should apply consistent, job‑related criteria and avoid blanket exclusions.

Protecting sensitive information

• Limit access to Social Security numbers, account numbers, and credit scores.
• Use secure storage and disposal practices. See the FTC’s disposal rule guidance at ftc.gov.
• Train staff on data minimization and dispute handling.

For broader employment law guidance in Kentucky, consult the Kentucky Education and Labor Cabinet: labor.ky.gov.

Using AI in Employment Background Checks

Employers increasingly use AI‑enabled tools to parse records, flag matches, and speed adjudication. Therefore, AI background checks can reduce turnaround time and support large hiring volumes.

Potential benefits

• Faster record matching and identity resolution.
• Automated pattern recognition for repeated offenses.
• Scalability for seasonal or high‑volume recruiting.

Risks and compliance guardrails

• Bias and disparate impact: Algorithmic tools can amplify bias. The EEOC’s guidance on AI and Title VII applies. See EEOC resources.
• FCRA obligations: AI vendors are often consumer reporting agencies or furnishers. You must still provide disclosures and adverse action notices.
• Transparency and testing: Validate tools, document criteria, and perform periodic bias audits. Consider NIST’s AI Risk Management Framework at nist.gov.