Kentucky Background Check Laws for Employers (2026)
Kentucky has no state version of the FCRA. Instead, federal law, a handful of Kentucky statutes, and one Louisville ordinance shape every hire.
This guide maps each rule to its statute and the agency that enforces it. As a result, you can screen fast and stay compliant.
Kentucky Background Check Laws at a Glance
Kentucky employers follow a layered set of rules. First, the federal Fair Credit Reporting Act governs every report you buy from a background check company.
Next, Kentucky statutes cover public jobs, expungement, driving records, schools, and health care. Finally, Louisville Metro adds a fair-chance rule for its own hiring and its vendors.
| Topic | Statute or Regulation | What It Does | Administered By |
|---|---|---|---|
| Consumer reports | Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. (no Kentucky equivalent) | Requires disclosure, written authorization, and two-step adverse action. It also caps reporting of non-convictions at seven years. | Federal Trade Commission and Consumer Financial Protection Bureau |
| State criminal records | KRS 367.310; AOC and KSP record programs | Bars consumer reporting agencies from keeping or reporting Kentucky court charges that did not end in a conviction. | Administrative Office of the Courts; Kentucky State Police |
| Fair chance / ban the box | Executive Order 2017-064; KRS 335B.020; Louisville Metro Code § 112.30 | Delays conviction questions for state executive branch jobs, Metro jobs, and Metro vendors. No rule covers private employers. | Kentucky Personnel Cabinet; Louisville Metro Human Relations Commission |
| Public employment and licensing | KRS 335B.020 to 335B.034 | Bars public employers and licensing boards from rejecting applicants solely for a conviction unless it directly relates to the job. | Each hiring or licensing authority, reporting to the Legislative Research Commission |
| Sealed and expunged records | KRS 431.073, 431.076 and 431.078 | Expunges eligible felonies, misdemeanors, and dismissed charges. Applicants may then deny the record. | Kentucky Court of Justice (circuit and district courts) |
| Lookback limits | No state cap on convictions; FCRA, 15 U.S.C. § 1681c; KRS 367.310 | Bars reporting non-convictions older than seven years unless the job pays $75,000 or more. Kentucky non-conviction charges may not be reported at all. | FTC and CFPB |
| Credit reports | No state restriction; FCRA | Requires FCRA consent and adverse action steps for employment credit checks. | FTC and CFPB |
| Salary history | No state law | Kentucky does not ban salary history questions. | Not applicable |
| Drug and marijuana testing | KRS 218B.040; 803 KAR 25:280 | Lets employers keep testing and zero-tolerance policies despite medical cannabis. Certifies drug-free workplaces for a 5% workers’ compensation discount. | Cabinet for Health and Family Services; Department of Workers’ Claims |
| Application questions | Title VII, ADEA, ADA, INA (federal); Kentucky Civil Rights Act, KRS Chapter 344 | Bars pre-offer questions about protected characteristics, disability, and citizenship status. | EEOC, U.S. Department of Justice, and Kentucky Commission on Human Rights |
| E-Verify | No state mandate; Form I-9, 8 C.F.R. § 274a.2 | E-Verify stays voluntary except for federal contractors with the FAR clause. | USCIS |
| Social media | No state statute | Kentucky has no password-privacy law for applicants. | Not applicable |
| Background check fees | KRS 336.220 | Bars employers from making applicants or employees pay for medical exams or records required as a condition of employment. | Applies to employers |
| Driving records | KRS 186.018; Driver’s Privacy Protection Act, 18 U.S.C. § 2721 | Governs driving history records and purges most moving violations after five years. | Kentucky Transportation Cabinet, Division of Driver Licensing |
| Schools | KRS 160.380 | Requires state and FBI fingerprint checks plus a child abuse and neglect check for school hires. | Kentucky Department of Education, Kentucky State Police, and CHFS |
| Health care and long-term care | 906 KAR 1:190 (KARES) | Requires fingerprint and registry checks for workers at CHFS-licensed care providers. | CHFS Office of Inspector General |
| Consumer data privacy | Kentucky Consumer Data Protection Act | Regulates consumer data privacy but exempts FCRA data and applicant data. | Kentucky Attorney General |
How the FCRA Applies to Kentucky Employers
Kentucky never passed a state consumer reporting act for employment screening. Therefore, the federal FCRA sets the process for every Kentucky employment background check.
The FTC guide for employers explains each duty in plain terms. Follow these four steps on every applicant, from Paducah to Pikeville.
Clear Disclosure
Tell the applicant in writing that you may get a consumer report. Keep the form free of waivers and extra terms.
Written Authorization
Collect the applicant’s signature before you order. Our e-signature workflow captures it for you.
Pre-Adverse Action
Before you decide, send a copy of the report and the CFPB Summary of Rights. Then allow time to respond.
Adverse Action Notice
Name the screening company and state that it did not make the decision. Also explain the right to dispute.
Two Kentucky statutes add to these federal steps. First, KRS 367.310 limits which Kentucky court charges a screening company may report, as the lookback section explains.
Second, KRS 336.220 bars you from making an applicant or employee pay for a medical examination or required records. Therefore, you cannot pass background check fees on to applicants or employees.
Where Kentucky Criminal Background Check Data Comes From
Two state agencies hold statewide criminal data. Each one has limits that shape what a Kentucky background check can show.
Administrative Office of the Courts
The AOC criminal record report is sold through FastCheck or a one-time request. It lists the county, case number, charge, amendments, disposition, and dates.
However, the AOC labels it unofficial, and it holds no federal cases. It holds misdemeanor and traffic cases for at least five years and felonies back to 1978.
Juvenile, mental-health, and domestic-violence cases never appear on it. The AOC also processes requests in the order received and offers no rush option.
Kentucky State Police
The KSP name-based check costs $20 and returns adult criminal history. It requires the subject’s permission and averages 10 business days by mail.
Fingerprint checks with the FBI apply only where a statute requires them. Schools and CHFS-licensed care providers are the main examples.
What Shows Up on a Kentucky Background Check
A standard Kentucky employment background check can show felony and misdemeanor convictions. However, under KRS 367.310, dismissed, acquitted, and pending Kentucky court charges stay off the report.
Non-convictions from other sources can still appear for up to seven years. Expunged cases, sealed juvenile files, and non-convictions past the FCRA limit stay off the report.
For faster hiring, order our real-time Kentucky statewide criminal search instead of waiting on mail-in requests. Then add a county criminal court search or federal search when an applicant’s address history points elsewhere.
How Far Back Does a Background Check Go in Kentucky?
Kentucky has no state statute that caps how far back a private employer may look at convictions. Instead, the federal FCRA at 15 U.S.C. § 1681c sets the reporting limits.
However, KRS 367.310 adds a stricter rule for charges in Kentucky courts. Consumer reporting agencies may not keep any information on a Kentucky charge unless it resulted in a conviction.
Arrests and Non-Convictions (Federal)
Screening firms cannot report arrests, dismissals, or civil judgments older than seven years under § 1681c(a).
Criminal Convictions (Federal)
Convictions stay reportable at any age. However, an expunged conviction must never appear.
Salary Exemption (Federal)
For jobs paying $75,000 or more a year, the seven-year cap on non-convictions lifts.
Kentucky Non-Conviction Charges
Under KRS 367.310, dismissed, acquitted, and pending Kentucky court charges may not be reported at all.
The federal seven-year limit still applies to non-convictions from other sources. In practice, a Kentucky criminal background check that ignores these gaps can miss records or report ones it should not.
The EEOC rescinded its 2012 guidance on arrest and conviction records on October 28, 2026. Title VII still bars using criminal history as a proxy for race or national origin, and the disparate-impact rule in 42 U.S.C. § 2000e-2(k) remains law. So keep weighing the nature of the offense, the time elapsed, and the duties of the job before you act on any record.
Kentucky Expungement Laws and What Employers May Ask
Sealed, Expunged, and Set-Aside Records
Kentucky courts expunge records under three statutes. After expungement, the person need not disclose the record on a job application.
Likewise, courts and agencies must reply that no record exists. So, never ask about expunged records, and never act on one that surfaces from an outdated source.
| Record Type | Statute | Waiting Period | Key Limits |
|---|---|---|---|
| Class D felony conviction | KRS 431.073 | 5 years | Most Class D felonies; petition required |
| Misdemeanor or violation | KRS 431.078 | 5 years | Petition required |
| Acquittal or dismissal | KRS 431.076 | 30 days, no petition | Automatic for acquittals and dismissals with prejudice on or after July 15, 2020 |
Kentucky has no automatic expungement of convictions, so the petition process applies. Senate Bill 290 of 2026 proposed automatic expungement for eligible convictions but stalled in the Senate Rules Committee.
Non-convictions are different. When a court acquits a person or dismisses all charges with prejudice, it orders the record expunged after 30 days unless the person objects, under KRS 431.076(1).
That automatic rule does not apply when the dismissal came in exchange for a guilty plea to another charge. For a full summary, see the Collateral Consequences Resource Center profile.
Why source matters: expunged cases drop from AOC data, yet stale bulk databases may still hold them. That is why we confirm every database hit at the court before it reaches your report.
Arrests and Non-Convictions
Kentucky places no state restriction on an employer considering arrests. However, a consumer reporting agency may not keep or report any Kentucky court charge that did not end in a conviction under KRS 367.310.
The federal seven-year limit applies to non-convictions from other sources. An arrest alone does not prove conduct, so confirm the final disposition before you act.
Juvenile Records
Juvenile, mental-health, and domestic-violence cases do not appear on Administrative Office of the Courts reports. Treat a sealed juvenile file as off limits for hiring decisions.
Kentucky Ban-the-Box Rules: State, Louisville, and Private Employers
Kentucky has no ban-the-box statute for private employers. Consequently, a private Kentucky company may ask about convictions on its job application.
Public hiring works differently. Executive-branch agencies and licensing boards face limits under an executive order and KRS Chapter 335B.
State Executive Branch: Executive Order 2017-064
Governor Bevin signed Executive Order 2017-064 on February 1, 2017, as the Governor’s announcement confirms. Under § I, executive-branch agencies may not ask about criminal history until the applicant has been contacted for an interview.
The only exception applies when another law requires an earlier inquiry. The Kentucky Personnel Cabinet administers the order.
Public Employers and Licensing Boards: KRS 335B.020
Kentucky’s main criminal record hiring law is KRS 335B.020. It covers public employers and occupational licensing boards, not private companies.
Under it, an authority cannot reject someone solely for a prior conviction. The exception applies when the crime directly relates to the job or license sought.
Moreover, KRS 335B.020(2) requires the authority to weigh the crime’s nature and seriousness, the time elapsed, and its relationship to the position. KRS 335B.030 then requires a written denial with the grounds and reasons, and evidence of rehabilitation may be considered on reapplication.
In 2026, lawmakers added KRS 335B.032, effective April 10, 2026. Now a person with a record can ask whether a conviction disqualifies them before paying for training.
A favorable answer binds the authority unless new or undisclosed convictions surface later. Authorities must adopt policies by January 1, 2027, and KRS 335B.034 exempts cities, counties, and other local governments. See What Changed for details.
Louisville Metro Fair-Chance Ordinance (Metro Code § 112.30)
Louisville’s 2014 ordinance applies fair-chance rules to Metro jobs and to vendors supplying goods or services valued at $5,000 or more. Ordinance 128-2024 raised that threshold from $2,500.
The Kentucky League of Cities calls it the state’s only local ban-the-box ordinance. The Louisville Metro Human Relations Commission administers it.
Other Cities and Private Employers
Some cities, such as Hopkinsville, removed the question from their own applications by policy. Those policies bind only the city, not local private employers.
Even without a mandate, many employers delay the question until after a conditional offer. That approach widens your applicant pool and keeps screening consistent.
KRS 335B does not bind private companies. Still, its direct-relationship test mirrors Title VII risk analysis, so using it as a policy model keeps your decisions defensible.
Federal Contractors
Federal agencies and contractors follow the Fair Chance to Compete for Jobs Act of 2019, 41 U.S.C. § 4714. That law delays conviction questions until after a conditional offer for work under covered federal contracts.
The EEOC rescinded its 2012 guidance on arrest and conviction records on October 28, 2026. Title VII still bars using criminal history as a proxy for race or national origin, and the disparate-impact rule in 42 U.S.C. § 2000e-2(k) remains law. So keep weighing the nature of the offense, the time elapsed, and the duties of the job before you act on any record.
What a Kentucky Job Application May Ask
Kentucky has no statute that lists forbidden pre-employment inquiries. Instead, federal law decides which questions a Kentucky application may ask.
The Kentucky Civil Rights Act, KRS Chapter 344, bars discrimination on the same protected grounds, and the Kentucky Commission on Human Rights enforces it. So, the four limits below apply to nearly every Kentucky employer.
Sex, Marital Status, Religion, and Photographs
Title VII, 42 U.S.C. § 2000e-2, makes sex a lawful question only where it is a bona fide occupational qualification. Almost no job meets that test.
The EEOC treats questions about race, sex, religion, marital status, children, or pregnancy as evidence of intent to discriminate. The EEOC also says employers should not ask for a photograph before hire.
Ask instead: whether the applicant can work the schedule, travel, and overtime the job requires. Request a photograph only after hire for a badge.
Date of Birth and Age
The ADEA protects applicants 40 and older at employers with 20 or more employees. Under 29 C.F.R. § 1625.5, a date-of-birth question is closely scrutinized because it deters older applicants.
Your screening company still needs the date of birth to match criminal records. So, collect it on the FCRA authorization form after the conditional offer, never on the application.
Ask instead: “Are you at least 18 (or 21) years old?” where the job has a legal minimum age.
Disability, Health, and Workers’ Compensation
The ADA, 42 U.S.C. § 12112(d)(2), bars disability-related inquiries and medical exams before a conditional offer. Questions about health, prescriptions, prior workers’ compensation claims, or sick leave all count.
GINA, 42 U.S.C. § 2000ff-1(b), separately bars requests for family medical history. Post-offer exams must apply to every entering employee in the job category.
Ask instead: whether the applicant can perform the essential functions with or without reasonable accommodation.
Citizenship, National Origin, and Military Discharge
The Immigration and Nationality Act, 8 U.S.C. § 1324b, bars citizenship-status discrimination at employers with four or more employees. Pre-hire questions about birthplace, immigration status, or a “green card” are evidence of a violation.
USERRA, 38 U.S.C. § 4311, protects uniformed service. Do not ask the type of military discharge on an application; ask only after the offer where a law or license requires it.
Ask instead: “Are you legally authorized to work in the United States?” and “Will you need sponsorship for an employment visa?”
EEO self-identification is different. Collect race, ethnicity, sex, veteran, and disability status on a separate, voluntary form kept away from decision-makers. Private employers with 100 or more employees file the EEO-1 report each year under 29 C.F.R. § 1602.7.
Credit Reports, Salary History, Drug Testing and More
Employment Credit Reports
Kentucky places no state limit on employment credit checks. So, Kentucky employers may run a credit report when they follow the FCRA consent and adverse-action steps.
Even so, limit credit checks to roles that handle money, accounts, or sensitive data. That practice lowers disparate-impact risk under Title VII.
Salary History and Pay Transparency
Kentucky has no salary history ban and no pay transparency statute. Employers may ask about prior pay, although many now skip the question to reduce Equal Pay Act risk.
Drug and Marijuana Testing
Kentucky has no general statute that restricts private-employer drug testing. Pre-employment THC testing remains allowed for every position.
Instead, the state rewards voluntary programs. Under 803 KAR 25:280, the Department of Workers’ Claims certifies drug-free workplaces for a 5% workers’ compensation premium discount.
Medical cannabis became legal in Kentucky on January 1, 2025. Yet KRS 218B.040 says employers need not permit or accommodate it at work.
Employers may also keep zero-tolerance and testing policies. This Bricker Graydon Wyatt analysis walks through those employer rights.
Motor Vehicle Records
KRS 186.018 governs driving history records in Kentucky. The Transportation Cabinet destroys most moving violation records once they turn five years old.
By contrast, commercial driver’s license records stay on file much longer. The Division of Driver Licensing offers a three-year record online and a full record by mail.
Meanwhile, the federal Driver’s Privacy Protection Act, 18 U.S.C. § 2721, limits who may obtain personal data from those records. Employers qualify when they verify information for a legitimate business need, such as a driving job.
Also, your FCRA disclosure and authorization cover an MVR ordered through a screening company. Run one for any role that drives a company vehicle through our motor vehicle record search.
For CDL drivers, federal DOT rules also require an annual review. Motor carriers follow 49 C.F.R. § 391.23, which requires MVR and previous-employer inquiries.
E-Verify and Form I-9
Kentucky does not mandate E-Verify for private or public employers. E-Verify stays voluntary except for federal contractors with the FAR clause at 48 C.F.R. 52.222-54.
Every employer must still complete Form I-9 for each new hire under 8 C.F.R. § 274a.2. Finish Section 1 by the first day of work and Section 2 within three business days.
Social Media and Passwords
Kentucky has no social media password-privacy statute. Even so, never request an applicant’s login credentials, and keep any public-profile review job-related and consistent.
Automated and AI Hiring Tools
Kentucky has no statute regulating automated or AI hiring tools. Title VII, the ADA, and the ADEA still apply to any screening tool that creates a disparate impact.
Consumer Data Privacy
Kentucky’s new consumer privacy law took effect on January 1, 2026. According to the Kentucky Attorney General, it gives consumers new data rights.
However, the act exempts FCRA-regulated data and job applicant data used for employment. As a result, it adds no new consent step to a compliant background check.
Kentucky Background Check Requirements by Industry
Several Kentucky industries face mandatory screening on top of the FCRA. Below are the rules employers ask about most.
Schools (KRS 160.380)
Districts must run state and FBI fingerprint checks through the Kentucky State Police. Also, new hires need a clear child abuse and neglect letter from CHFS.
Read the current KRS 160.380 text.
Health Care (906 KAR 1:190)
CHFS-licensed providers must screen through KARES. It runs fingerprint checks, abuse registries, and the federal LEIE list.
It also sends arrest alerts on active staff. Pair it with FACIS® sanction screening for roles paid with federal healthcare funds.
Licensed Professions (KRS 335B)
Licensing boards may deny a license for a conviction only when it directly relates to the occupation. They must weigh the offense, the time elapsed, and the job, and give written reasons for a denial.
Commercial Drivers
Motor carriers must pull an MVR from every state of licensure in the past three years. They also run FMCSA Clearinghouse queries before hire and annually, and DOT Part 40 testing still covers marijuana.
Anti-Discrimination (KRS Chapter 344)
The Kentucky Commission on Human Rights enforces the Kentucky Civil Rights Act. So, apply the same screening rules to every applicant in a role.
Consistency is your strongest defense.
Lesson From EEOC v. Peoplemark
In EEOC v. Peoplemark, 732 F.3d 584 (6th Cir. 2013), the EEOC sued over an alleged blanket felony ban. The ban turned out not to exist, and the court ordered the agency to pay the employer’s fees.
The lesson is simple: document an individualized review, and your records will defend you.
What Changed for Kentucky Employers in 2026
Kentucky passed no new private-employer screening statute in 2026. However, one public-sector change, two recent state laws, and three federal changes affect how Kentucky employers screen this year.
KRS 335B.032 adds advance disqualification determinations
Effective April 10, 2026, KRS 335B.032 lets a person with a record ask a public employer or licensing board whether a conviction disqualifies them before paying for training. A favorable answer binds the authority unless new or undisclosed convictions surface later.
Authorities must adopt policies by January 1, 2027, and report to the Legislative Research Commission by November 1, 2027. KRS 335B.034 exempts cities, counties, and other local governments from this new process.
What to do: Public employers and boards should draft an advance-determination policy now. Private employers are not covered, but the direct-relationship test remains a sound policy model.
Source: KRS 335B.032, effective Apr. 10, 2026. Read the law
Kentucky Consumer Data Protection Act takes effect
Kentucky’s consumer privacy law took effect on January 1, 2026 and gives consumers new data rights. The Kentucky Attorney General enforces it.
However, the act exempts FCRA-regulated data and job applicant data used for employment. It adds no new consent step to a compliant background check.
What to do: Keep background reports in a secure portal and limit who can open them. No change to your FCRA forms is needed.
Source: Kentucky Consumer Data Protection Act; Kentucky Attorney General. Read the overview
Medical cannabis is legal, but KRS 218B.040 protects employer policies
Medical cannabis became legal in Kentucky on January 1, 2025. Under KRS 218B.040, employers need not permit or accommodate medical cannabis and may keep zero-tolerance and testing policies.
Pre-employment THC testing remains allowed for every position. Certified drug-free workplaces under 803 KAR 25:280 still earn a 5% workers’ compensation discount.
What to do: Keep a written medical cannabis and drug testing policy, and apply it consistently. Consider certification with the Department of Workers’ Claims for the premium discount.
Source: KRS 218B.040; 803 KAR 25:280. Read the law
EEOC rescinds its 2012 arrest and conviction guidance
The Commission voted on October 28, 2026 to rescind the 2012 Enforcement Guidance on arrest and conviction records, effective immediately. The rescission does not revive the 1987 and 1990 policy statements.
The EEOC says employers need not abandon lawful practices adopted under the rescinded guidance, and it will keep enforcing Title VII. Disparate-impact claims under 42 U.S.C. § 2000e-2(k) remain available to private plaintiffs and under state law.
What to do: Keep the individualized assessment and the written job-related criteria. They come from the courts (Green v. Missouri Pacific) and from state and local fair-chance laws, not from the rescinded guidance.
Source: EEOC press release, Oct. 29, 2026. Read the release
Medical marijuana moved to Schedule III; DOT testing is unchanged
DEA’s final rule of April 28, 2026 moved FDA-approved marijuana drug products and marijuana dispensed under state medical-marijuana licenses to Schedule III. All other marijuana remains Schedule I.
DOT testing is unchanged. 49 C.F.R. Part 40 still tests for marijuana, and DOT’s Office of Drug and Alcohol Policy and Compliance stated in May 2026 that state medical-marijuana use is not a legitimate medical explanation for a positive result under 49 C.F.R. § 40.137.
What to do: Keep testing CDL drivers and other safety-sensitive employees for marijuana under Part 40. For other roles, KRS 218B.040 still lets you keep your zero-tolerance policy.
Source: DEA final rule, 91 FR, Doc. 2026-08176; 49 C.F.R. § 40.137. Read DOT’s guidance
OFCCP’s EO 11246 regulations are rescinded; Section 503 and VEVRAA remain
Executive Order 11246 was revoked by Executive Order 14173 on January 21, 2025. OFCCP then rescinded its implementing regulations at 41 C.F.R. parts 60-1 through 60-50 by final rule published August 21, 2026.
The FAR overhaul likewise removed subpart 22.8 and clauses 52.222-21 through 52.222-29. Race- and sex-based affirmative-action plan and recordkeeping duties under EO 11246 no longer apply.
What to do: Keep your Title VII, Section 503 (disability), and VEVRAA (protected veterans) nondiscrimination, affirmative-action, and recordkeeping programs. Those obligations for covered contractors remain in force.
Source: Executive Order 14173, Jan. 21, 2025; OFCCP final rule, Aug. 21, 2026. Read OFCCP’s notice
Kentucky Employment Screening Services
BCS Background Screening LLC builds compliant Kentucky screening packages around these laws. A real-time statewide search skips the mail-in wait entirely.
Kentucky Statewide Criminal Search
Search Kentucky statewide court records in real time, without mail-in delays.
County Criminal Court Search
Researchers search the court in any of Kentucky’s 120 counties where an applicant lived. Price: $18 plus court fees.
SSN Trace
Reveals names, aliases, and 10+ years of address history to target county searches.
Federal Criminal Search
Cover federal cases, which the AOC report and county courts never include.
Nationwide Criminal Database
Find leads in other states, then verify each hit at the source court.
Motor Vehicle Records
Get driving histories for delivery, trucking, sales, and CDL positions.
FACIS® Healthcare Sanctions
Pair KARES checks with FACIS® exclusion and sanction screening for care staff.
Verifications and Add-ons
Adds employment, education, and license verification to any Kentucky package.
Access to SSN Trace functionality is restricted at initial registration. This feature cannot be accessed at initial signup until your organization’s business use case is verified.
Kentucky Employer Compliance Checklist
- Use a stand-alone FCRA disclosure and get signed authorization.
- Never charge applicants for background check fees, as KRS 336.220 requires.
- Remove sex, marital status, religion, citizenship, and photograph questions from the application.
- Collect the date of birth on the FCRA authorization after the conditional offer, never on the application.
- Skip conviction questions on applications for Louisville Metro contracts of $5,000 or more.
- Never ask about or act on expunged Kentucky records.
- Weigh the offense, its age, and job relevance before any decision.
- Send pre-adverse and final adverse action notices in order.
- Run fingerprint checks where KRS 160.380 or KARES requires them.
- Pull MVRs for driving roles and review CDL drivers yearly.
Kentucky employer compliance at a glance: FCRA, KRS 335B, expungement, and driving record rules.
Kentucky Employment Screening Law FAQs
Does Kentucky have its own version of the Fair Credit Reporting Act?
No. Kentucky has no state consumer reporting act for employment screening. Instead, the federal FCRA, 15 U.S.C. § 1681 et seq., governs disclosure, authorization, and adverse action.
The Federal Trade Commission and the Consumer Financial Protection Bureau enforce it.
How far back can a background check go in Kentucky?
Kentucky sets no state lookback limit on convictions. Under 15 U.S.C. § 1681c, screening firms cannot report arrests and non-convictions older than seven years, enforced by the FTC and CFPB.
Convictions have no time limit, and the cap lifts for jobs paying $75,000 or more. In addition, KRS 367.310 bars screening firms from reporting Kentucky court charges that did not end in a conviction.
Does Kentucky have a ban-the-box law for private employers?
No. Private employers may ask about convictions on applications. Executive Order 2017-064 covers only state executive branch jobs, administered by the Personnel Cabinet, and delays the question until the applicant is contacted for an interview.
Louisville Metro Code § 112.30 also covers Metro jobs and vendors with contracts valued at $5,000 or more. The Louisville Metro Human Relations Commission administers it.
What may a Kentucky employer ask on a job application?
Kentucky has no pre-employment inquiry statute, so federal law and the Kentucky Civil Rights Act, KRS Chapter 344, control. Title VII, the ADEA, the ADA, and the INA bar pre-offer questions about sex, religion, age, disability, and citizenship status.
The EEOC, the Department of Justice, and the Kentucky Commission on Human Rights enforce those rules. Collect the date of birth on the FCRA authorization after the conditional offer, not on the application.
Can Kentucky employers ask about expunged criminal records?
No. Under KRS 431.073, 431.076 and 431.078, an applicant need not disclose an expunged record. The Kentucky Court of Justice orders expungement, and agencies then report that no record exists.
So, never ask about expunged records or rely on one from a stale database.
Does KRS 335B limit criminal record use by Kentucky employers?
Only for public employers and licensing boards. KRS 335B.020 bars rejecting an applicant solely for a conviction unless it directly relates to the job, and each hiring or licensing authority applies it.
Since April 10, 2026, KRS 335B.032 also lets applicants request an advance disqualification ruling. Local governments are exempt under KRS 335B.034.
What law governs driving record checks in Kentucky?
KRS 186.018 governs driving history records, administered by the Kentucky Transportation Cabinet. Most moving violations drop off after five years, while CDL records stay longer.
The federal Driver’s Privacy Protection Act, 18 U.S.C. § 2721, also applies.
Can Kentucky employers drug test and refuse medical cannabis use?
Yes. KRS 218B.040 says employers need not permit or accommodate medical cannabis at work. Employers may keep testing and zero-tolerance policies.
Also, 803 KAR 25:280 lets the Department of Workers’ Claims certify drug-free workplaces for a 5% premium credit.
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This page provides general information about Kentucky background check laws, not legal advice. Laws change often, so consult an employment attorney before you finalize a screening policy. Revised October 29, 2026.