Kentucky Background Check Laws

What are Kentucky background check and ban-the-box laws?

We update this overview of Kentucky background check laws and ban-the-box rules often. But laws change quickly, and we cannot guarantee all information is current. Always consult your attorney for legal advice.

FCRA State Laws Ban-the-box

FAIR CREDIT REPORTING ACT (FCRA)

In order to set a standard for hiring policies, the federal government created the Fair Credit Reporting Act, or FCRA, which monitors and protects both employers and job candidates.

State laws

KRS Chapter 367.00 §310 – Consumer reporting agency records restriction

Our take: In Kentucky, CRAs can only retain files on a criminal charge if the charge resulted in a conviction.

KRS 336.220

Our take: An employer cannot require an employee to pay the cost of a medical exam OR the cost of furnishing any records

BAN-THE-BOX AND FAIR HIRING LAWS

STATE LAWS — PUBLIC COMPANIES

Who Must Follow: This ban-the-box law applies only if you are a public sector employer in the executive branch for the State of Kentucky.

Timing of inquiry: Public sector, execuitve branch employers may only inquire into criminal history after contacting the applicant to offer an interview for the position.

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LOCAL LAWS — PUBLIC AND PRIVATE COMPANIES

See which Kentucky counties and cities have local ban-the-box and fair hiring laws.

GET ALL Ban-the-Box Laws