Kentucky employers who order background checks on applicants or employees are bound first by federal law, then by a short list of state specific rules that layer on top of it. Kentucky has not passed its own comprehensive screening statute the way some states have. Instead, employers work from the federal Fair Credit Reporting Act baseline, a Title VII framework from the Equal Employment Opportunity Commission, a state licensing statute that limits how criminal convictions can block public jobs and occupational licenses, and a set of expungement statutes that change what a record legally is once a court seals it. This guide walks through each layer and says plainly where Kentucky simply has no rule, so you are not left guessing.
None of this replaces advice from your own counsel, and nothing here should be read as a substitute for running compliant checks through Reveal Background, an FCRA compliant consumer reporting agency for employment and tenant screening.
The federal baseline every Kentucky employer must follow
Every background check ordered through a third party consumer reporting agency is a consumer report under the Fair Credit Reporting Act, and the federal duties apply the same way in Kentucky as anywhere else. Before you order a report, you must give the applicant a clear, standalone disclosure and get their written authorization, separate from the job application itself. That requirement comes from 15 U.S.C. 1681b, which also sets out the permissible purposes for pulling a report and the pre adverse action and adverse action steps you must take before and after deciding not to hire someone based on what the report shows.
Section 15 U.S.C. 1681c limits how far back a consumer reporting agency can report certain non conviction information, generally seven years for things like civil suits, judgments, and collection accounts, though criminal convictions themselves are not subject to that same federal time limit. A separate duty, in 15 U.S.C. 1681k, applies when a consumer reporting agency compiles a report from public records, such as court records, for employment purposes. The agency must either notify the applicant at the time the record is reported to you, or maintain strict procedures to keep the information current. Kentucky does not change any of these federal duties. It is the floor, not a suggestion, and it applies the same way whether your applicant lives in Louisville, Lexington, or a small county seat.
Title VII and the use of criminal history in hiring decisions
Separate from the FCRA, Title VII of the Civil Rights Act of 1964 constrains how any employer, including one in Kentucky, can use criminal history once it has a report in hand. The Equal Employment Opportunity Commission has long taken the position that a blanket policy of excluding anyone with a criminal record can have a disparate impact on protected groups, and that employers are generally better protected when they look at the nature of the offense, how long ago it occurred, and its relationship to the job. The EEOC rescinded its 2012 enforcement guidance on arrest and conviction records on October 29, 2026, so that specific 2012 document should no longer be cited as current agency guidance. Employers should instead rely on the EEOC’s standing Title VII overview and its current page on prohibited employment policies and practices, both of which remain live and describe the disparate impact framework that still applies. An employer in Kentucky may want to document an individualized review of any criminal record before it becomes the reason for an adverse decision, rather than relying on a fixed rule that automatically screens out a category of convictions.
Kentucky licensing law: KRS 335B and public employment
Kentucky’s own statute on criminal history and employment lives in Chapter 335B of the Kentucky Revised Statutes, and it is narrower than many employers assume. KRS 335B.020 prohibits disqualifying a person from public employment or an occupational license solely because of a prior criminal conviction, unless the conviction directly relates to the duties of the job or license sought. The statute also recognizes a rebuttable presumption of rehabilitation for a person who has obtained a certificate of employability. This chapter governs public employment and state occupational licensing boards. It does not create a general private sector ban on considering criminal history, so a private employer in Kentucky is not bound by KRS 335B.020 the way a state agency or a licensing board is, though the underlying reasoning, that a conviction should relate to the job, is consistent with how the EEOC evaluates disparate impact claims under Title VII.
Kentucky expungement and sealing: what a cleared record means
Kentucky allows both felony and misdemeanor records to be vacated and expunged under certain conditions, and once a court grants that order, the underlying conduct is treated in law as if it did not occur. KRS 431.073 sets out the process for vacating certain felony convictions and expunging the record, including the application, hearing, and fee requirements. KRS 431.078 covers expungement of misdemeanor, violation, and traffic infraction records, for both convictions and charges that were dismissed or amended. Once a Kentucky court grants expungement under either statute, an employer should not ask about or rely on that record. A background check ordered after a valid expungement order should not surface the expunged case from a properly updated source, and an employer who already knows about an old record should not continue to hold it against an applicant once informed that a court has cleared it.
Court records in Kentucky: how they are actually held
Kentucky’s Administrative Office of the Courts does not operate as a central records office that fields public requests directly. Court case records are created and held at the circuit or district court level where the case was filed, and the Administrative Office of the Courts has said plainly on its own site that it does not maintain court case records and cannot provide access to them on request. Employers and screening companies that need Kentucky court data generally work through the clerk of the court where a case was filed, or through the court’s own public access tools, rather than a single statewide portal. See the Kentucky Court of Justice’s own page on requesting court records for the current process.
Ban the box in Kentucky: no statewide law for private employers
Kentucky has not enacted a statewide ban the box law that restricts when a private employer may ask about criminal history on a job application. There is no state statute comparable to the fair chance laws some other states have adopted. Some Kentucky cities have at different times considered or adopted their own policies limiting criminal history questions in their own government hiring, and those local rules can change, so an employer operating in Louisville or Lexington should confirm the current city policy directly with that city’s own government rather than assume either city has, or lacks, a rule at any given moment. For a broader look at how fair chance hiring laws work where they do exist, see our guide to ban the box and fair chance hiring laws. Kentucky’s approach is a useful contrast to states that have added their own screening statutes on top of the FCRA, which we cover in our Texas background check laws guide.
Drug testing: also not separately regulated for private employers
Kentucky does not have a general statute governing private employer drug testing procedures, such as specimen collection standards, confirmation testing, or a medical review officer requirement, the way a handful of other states do. Where drug testing is required by federal rule, such as for employees in safety sensitive transportation roles covered by federal regulations, those federal procedures still apply regardless of state law. Outside of that federally regulated space, a private Kentucky employer’s drug testing policy is generally a matter of company policy and any applicable collective bargaining agreement rather than a specific state testing statute.
Kentucky rules at a glance
| Topic | Kentucky rule | Source |
|---|---|---|
| Ban the box, private employers | No statewide law | None found at apps.legislature.ky.gov |
| Ban the box, public employment or licensing | Conviction must relate to job duties; rebuttable presumption with a certificate of employability | KRS 335B.020 |
| Non conviction lookback | Seven year federal limit applies; no separate shorter state limit found | 15 U.S.C. 1681c |
| Felony expungement | Available by court application and hearing for qualifying offenses | KRS 431.073 |
| Misdemeanor and violation expungement | Available for qualifying convictions, dismissals, and amended charges | KRS 431.078 |
| Private employer drug testing | No general state testing statute found | None found at apps.legislature.ky.gov |
What this means for Kentucky employers
- Always give the standalone FCRA disclosure and get written authorization before ordering a report, separate from the job application.
- Follow the full pre adverse action and adverse action sequence, including a copy of the report and the Summary of Rights, before and after any decision based on the report.
- Treat a Kentucky expungement order as final. Do not ask about, or act on, a record a Kentucky court has vacated and expunged.
- If you are a state agency, a political subdivision, or an occupational licensing board, apply the KRS 335B.020 standard and document the relationship between a conviction and the specific duties of the position.
- Do not assume a city ordinance in Louisville or Lexington answers a ban the box question for a private employer. Confirm current local policy directly rather than guessing.
- Consult counsel before adopting any blanket exclusion based on criminal history, since Title VII’s disparate impact framework may apply even where Kentucky itself has no statute on point.
Frequently asked questions
Does Kentucky have a statewide ban the box law for private employers?
No. Kentucky has not passed a statewide law restricting when a private employer may ask about criminal history on a job application. Any such limits that exist are narrower rules tied to public employment and occupational licensing under KRS 335B.020, not a general private sector mandate.
What does KRS 335B.020 actually require?
It prohibits disqualifying someone from public employment or an occupational license solely because of a prior conviction unless the conviction directly relates to the duties of the job or license. It also recognizes a rebuttable presumption of rehabilitation for applicants who hold a certificate of employability.
If a Kentucky court expunges a record, can an employer still ask about it?
Once a Kentucky court grants expungement under KRS 431.073 for a felony or KRS 431.078 for a misdemeanor or violation, the record is treated in law as if the underlying event did not occur. An employer should not ask about or rely on an expunged record.
Is the EEOC’s 2012 guidance on arrest and conviction records still current?
No. The EEOC rescinded that 2012 enforcement guidance on October 29, 2026. Employers should rely on the EEOC’s current Title VII materials rather than cite the rescinded 2012 document.
Do Louisville and Lexington have their own ban the box ordinances?
Local policy in either city can change over time, and it typically applies to that city’s own government hiring rather than private employers generally. Confirm the current status directly with the city rather than assuming either city has, or lacks, an ordinance at any given moment.
Does Kentucky regulate private employer drug testing procedures?
Kentucky does not have a general state statute governing private employer drug testing procedures. Federally regulated roles, such as certain transportation positions, still follow the applicable federal testing rules regardless of state law.
This article is general information for employers, not legal advice. Kentucky and federal law can change, and an employer’s specific obligations depend on its facts, so consult qualified counsel before making hiring decisions based on criminal history.
