Kentucky Background Check Laws (2026 Guide)

Overview of Kentucky Background Check Laws

Last verified: March 2026. This page reflects current Kentucky Revised Statutes, federal FCRA requirements, and EEOC enforcement guidance as applied in Kentucky.

Kentucky does not have a single comprehensive background check statute governing all employers. Instead, the state relies on a combination of executive orders, specific industry statutes, federal law, and local ordinances to regulate how criminal history information is gathered and used in employment, housing, and licensing decisions.

Understanding these overlapping rules is essential for employers, landlords, licensing boards, and individuals with criminal records. This guide breaks down each major area of Kentucky background check law, including recent legislative efforts to expand protections for people with past convictions.

How Criminal Background Checks Work in Kentucky

Criminal background checks in Kentucky can be obtained through two primary government agencies. Each serves a different purpose and returns different types of records.

Kentucky State Police (KSP) Criminal Records

The Kentucky State Police maintains criminal history records for the state. There are two types of checks available:

Name-based checks are available to the general public for a $20 fee. Requests can be submitted by mail to the Criminal Identification and Records Branch at 1266 Louisville Road, Frankfort, KY 40601. Processing takes an average of 10 business days. No fingerprints are required.

Fingerprint-based checks are required for certain regulated industries and professions. These are processed through IdentoGO locations across Kentucky at a fee of $54, which covers both state and FBI criminal history reports. Results are typically available within three business days through the FlexCheck web portal.

Administrative Office of the Courts (AOC) Records

The AOC Records Unit provides criminal record reports based on information maintained by the state court system across all 120 Kentucky counties. The fee is $25 per individual search.

AOC reports include all misdemeanor and traffic cases for at least the past five years and felony records dating back to 1978. These reports do not contain federal criminal information.

Ban the Box: Kentucky's Fair Chance Hiring Rules

"Ban the Box" refers to policies that remove the criminal history checkbox from initial job applications. Kentucky's approach to Ban the Box is limited compared to many other states.

State Executive Branch (Executive Order 2017-065)

In February 2017, Governor Matt Bevin signed Executive Order 2017-065, known as the "Fair Chance Employment Initiative." This order applies only to the Kentucky executive branch and does the following:

• Removes the criminal history question from state executive branch job applications
• Prohibits agencies from inquiring about criminal history until after contacting an applicant to offer an interview
• Still allows agencies to consider criminal history when making final hiring decisions

This executive order does not apply to private sector employers, the legislative branch, or the judicial branch of Kentucky government.

Louisville Metro Ordinance

Louisville Metro is the only Kentucky locality with a Ban the Box ordinance. Passed unanimously by the Louisville Metro Council on March 13, 2014, the ordinance covers:

• All Louisville Metro government job applications (with limited exemptions for civil service positions)
• Private contractors doing business with Louisville Metro on contracts exceeding $2,500
• Vendors bidding on city contracts, with the city reserving the right to terminate contracts with vendors that do not comply

The ordinance does not require employers to hire individuals with criminal records. It only delays criminal history inquiries until after initial screening.

No Statewide Private Employer Requirement

Kentucky has not passed a statewide Ban the Box law for private employers as of March 2026. Private employers outside of Louisville Metro government contracts may still ask about criminal history on initial job applications.

The Federal Fair Credit Reporting Act (FCRA) in Kentucky

Because Kentucky lacks a state-level consumer reporting statute for employment screening, the federal FCRA is the primary law governing how third-party background check companies operate in the state. Kentucky employers using a consumer reporting agency (CRA) must comply with these federal requirements.

Disclosure and Consent

Before ordering a background check through a CRA, employers must provide the applicant or employee with a standalone written disclosure stating that a background check may be obtained. The individual must then provide written authorization before the employer can proceed.

Lookback Period Restrictions

The FCRA imposes the following time limits on what CRAs may report:

Record Type	Lookback Limit	Salary Exception
Arrests not leading to conviction	7 years	No limit if salary is $75,000+
Civil suits and judgments	7 years	No limit if salary is $75,000+
Paid tax liens	7 years	No limit if salary is $75,000+
Bankruptcies	10 years	No limit if salary is $75,000+
Criminal convictions	No limit	N/A

Criminal convictions may be reported indefinitely under the FCRA, regardless of salary level, unless the record has been expunged or sealed under state law.

Adverse Action Requirements

If an employer decides not to hire someone (or takes other adverse action) based in whole or in part on a background check, the FCRA requires a two-step process:

Step 1 (Pre-adverse action): Before making a final decision, the employer must provide the applicant with a copy of the consumer report and a copy of "A Summary of Your Rights Under the Fair Credit Reporting Act."

Step 2 (Final adverse action): After a reasonable waiting period, if the employer proceeds with the adverse decision, they must notify the applicant of the action taken, provide the name and contact information of the CRA that furnished the report, and inform the applicant of their right to dispute the accuracy of the report.

EEOC Guidance on Criminal Records in Employment

The U.S. Equal Employment Opportunity Commission (EEOC) has issued enforcement guidance that applies to all Kentucky employers with 15 or more employees. This guidance addresses how the use of criminal records in employment decisions can violate Title VII of the Civil Rights Act of 1964.

Disparate Treatment

Employers may not treat applicants with identical criminal records differently based on race, color, religion, sex, or national origin. For example, running background checks only on applicants of a certain race would constitute disparate treatment.

Disparate Impact

Even facially neutral policies can violate Title VII if they disproportionately exclude individuals of a particular race or national origin. A blanket policy of excluding all applicants with any criminal record is unlikely to survive scrutiny under the EEOC's guidance.

Individualized Assessment

The EEOC recommends that employers conduct an individualized assessment considering three factors before denying employment based on a criminal record:

1. The nature and gravity of the offense
2. The time that has passed since the conviction or completion of the sentence
3. The nature of the job held or sought

Expungement Laws in Kentucky

Kentucky's expungement laws determine which criminal records can be removed from public access. Expunged records will not appear on most background checks, making expungement a critical factor for anyone navigating the hiring process in Kentucky.

Felony Expungement (KRS 431.073)

Under KRS 431.073, most Class D felony convictions are eligible for expungement. Key requirements include:

• Waiting period: Five years after completion of the sentence, or five years after successful completion of probation or parole, whichever is later
• Filing fee: $200 (reduced from $500 under recent amendments)
• No new convictions: The applicant must not have been convicted of any felony offense during the waiting period
• Certificate of eligibility: Must be obtained from the Kentucky State Police before filing

Eligible offenses include most Class D felonies that are not sex offenses, offenses against children, DUI, fourth-degree assault, impersonation of a peace officer, abuse of public office, or offenses that resulted in serious bodily injury or death.

Recent legislative amendments have expanded eligibility to include multiple Class D felonies and certain misdemeanor drug offenses.

Misdemeanor Expungement (KRS 431.078)

Under KRS 431.078, misdemeanor convictions, violations, and traffic infractions may be expunged if the following conditions are met:

• Waiting period: Five years after completion of sentence, probation, or parole
• Filing fee: $100
• No new convictions: No felony or misdemeanor convictions in the five years before filing
• Exclusions: Sex offenses and offenses against children are not eligible

Automatic Expungement of Dismissed Charges and Acquittals (KRS 431.076)

Under KRS 431.076, certain records are automatically expunged without any petition:

• Acquittals entered on or after July 15, 2020 are automatically expunged 30 days after the court enters the order of acquittal
• Dismissals with prejudice after July 15, 2020 are also automatically expunged
• Failure to indict cases are eligible for expungement after six months of inaction

The Expungement Process

To pursue expungement in Kentucky, follow these steps as outlined by the Kentucky Court of Justice:

1. Request a Certificate of Eligibility from the Kentucky State Police (processing takes two to four weeks)
2. File the expungement petition within 30 days of the certificate date
3. Pay the applicable filing fee
4. The court will review the petition and may hold a hearing
5. If granted, the conviction is vacated and all records are expunged

Proposed Clean Slate Legislation

Kentucky legislators have introduced Clean Slate legislation that would create an automatic expungement process for eligible offenses. If enacted, the Administrative Office of the Courts would compile monthly lists of eligible convictions beginning August 15, 2027, and forward them to the courts where each case was heard. Prosecutors would have the opportunity to object to specific expungements. As of March 2026, this legislation has not yet been enacted.

Employer Background Checks

Kentucky employers should be aware of several state-specific rules that interact with the FCRA when conducting employment screening.

Public Employment Protections (KRS 335B.020)

Under KRS Chapter 335B, no person may be disqualified from public employment solely because of a prior criminal conviction. The only exception is when the conviction directly relates to the position sought. Even then, the hiring authority retains discretion to hire if it determines the individual has been successfully rehabilitated.

If a person is denied public employment based on a conviction, KRS 335B.030 requires the hiring authority to provide written notice including the specific reasons for the denial.

Occupational Licensing Protections

KRS 335B.020 also prohibits automatic disqualification from occupational licenses based solely on criminal history. A licensing board may only deny a license if the prior conviction directly relates to the occupation for which the license is sought.

House Bill 87, which passed the Kentucky House in 2025, would further expand these protections by requiring licensing authorities to notify applicants in advance whether specific offenses could disqualify them, allow applicants to submit applications before completing training, and provide a written appeals process for denials.

Industry-Specific Background Check Requirements

Certain Kentucky industries have mandatory background check requirements established by state statute:

Education (KRS 160.151): All certified school employees must undergo criminal background checks conducted by the Kentucky State Police or the Administrative Office of the Courts. Results are sent directly to the hiring superintendent. This statute was amended by 2025 Ky. Acts ch. 113, effective June 27, 2025.

Healthcare and Long-Term Care (KRS 216.533, 216.712, 216.789): The Kentucky Applicant Registry and Employment Screening (KARES) program, administered by the Cabinet for Health and Family Services, requires fingerprint-based background checks for healthcare facility employees. Disqualifying offenses include violent crimes, sex offenses, abuse, certain drug trafficking offenses, and neglect-related offenses.

Childcare (National Background Check Program): Kentucky participates in the federal National Background Check Program through the Division of Child Care. All state-licensed childcare facilities must screen prospective staff. The Division requests interstate background checks from any state where the applicant has resided in the last five years and makes an eligibility determination within 45 days.

State Employees with Federal Tax Information Access (KRS 43.032): Enacted March 27, 2025, this statute requires background checks for all prospective, current, and contracted employees with access to federal tax information.

Housing Background Checks

Kentucky does not have a statewide law restricting landlords from using criminal history in tenant screening decisions. Landlords in Kentucky may:

• Require signed consent from prospective tenants before running a background check
• Inquire about both criminal and credit history during the screening process
• Charge a non-refundable application fee in any amount to cover screening costs
• Deny tenancy based on criminal history, subject to federal fair housing requirements

Fair Housing Considerations

While Kentucky law permits criminal history screening for housing, landlords must apply their screening criteria consistently across all applicants. Under federal fair housing law and the Kentucky Civil Rights Act, landlords may not use criminal history screening in a way that discriminates based on race, color, religion, sex, national origin, familial status, or disability.

For example, asking only applicants of a certain race about their criminal history would constitute illegal discrimination under both federal and Kentucky law.

Recent and Pending Changes to Kentucky Background Check Laws

Kentucky's background check landscape continues to evolve. Several recent and pending legislative changes are worth monitoring.

Recently Enacted Changes (2025)

• KRS 160.151 amendment (2025 Ky. Acts ch. 113): Updated criminal background check requirements for certified education personnel, effective June 27, 2025
• KRS 238.525 amendment (2025 Ky. Acts ch. 124): Updated licensing and background check requirements, effective July 1, 2025
• KRS 43.032: New requirement for background checks on employees with access to federal tax information, effective March 27, 2025

Pending Legislation

• House Bill 87 (Second Chance Employment): Passed the Kentucky House in 2025. Would require hiring and licensing authorities that use background checks to inform applicants whether specific offenses could disqualify them, allow early application submission, and provide written findings and appeals for denials
• Clean Slate Act: Proposed automatic expungement for eligible misdemeanor and felony convictions after a five-year waiting period. Would take effect August 15, 2027 if enacted

Frequently Asked Questions

Can a Kentucky employer ask about criminal history on a job application?

Private employers in Kentucky can ask about criminal history on initial job applications unless they are contractors working with Louisville Metro government on contracts over $2,500. State executive branch agencies cannot ask about criminal history until after offering an interview, per Executive Order 2017-065. There is no statewide Ban the Box law covering private employers.

How far back does a background check go in Kentucky?

Under the federal FCRA, consumer reporting agencies may not report non-conviction records (such as arrests that did not lead to charges) older than seven years for positions paying less than $75,000 per year. Criminal convictions may be reported indefinitely unless the record has been expunged under Kentucky law. The AOC maintains misdemeanor and traffic records for at least five years and felony records back to 1978.

What is the cost of a criminal background check in Kentucky?

Costs vary depending on the type of check. A name-based check through the Kentucky State Police costs $20. A fingerprint-based check through IdentoGO costs $54 for both state and FBI reports. An AOC criminal record report costs $25. Employers using third-party consumer reporting agencies may pay different fees depending on the scope of the search.

Can I get my criminal record expunged in Kentucky?

Yes. Most Class D felonies can be expunged under KRS 431.073 after a five-year waiting period for a $200 filing fee. Misdemeanors, violations, and traffic infractions can be expunged under KRS 431.078 after five years for a $100 filing fee. Acquittals and dismissed charges entered after July 15, 2020 are automatically expunged. Sex offenses and offenses against children are not eligible for expungement.

Can a Kentucky landlord deny housing based on a criminal record?

Yes. Kentucky does not restrict landlords from considering criminal history in tenant screening. However, landlords must apply their screening criteria consistently to all applicants and may not use criminal history screening in a discriminatory manner. Federal fair housing law and the Kentucky Civil Rights Act prohibit discrimination based on race, color, religion, sex, national origin, familial status, or disability.

Sources and References

• Kentucky State Police Background Checks
• Kentucky Court of Justice Background Checks (AOC)
• Kentucky Revised Statutes (Official)
• KRS 431.073 Felony Expungement
• KRS 431.078 Misdemeanor Expungement
• KRS 431.076 Dismissed/Acquitted Expungement
• KRS Chapter 335B Licensing and Employment
• KARES Employment Screening
• FTC FCRA Guidance for Background Screening
• EEOC Enforcement Guidance on Criminal Records
• Kentucky Commission on Human Rights