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Kentucky background check laws for employers

Kentucky has no fair-chance law for private employers; a 2017 executive order covers only state executive branch jobs. Kentucky does have an unusual consumer reporting rule: a consumer reporting agency may not keep information on Kentucky criminal charges that did not end in a conviction. Louisville requires city vendors to remove the criminal history question from initial job applications.

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Fair-chance hiring (criminal history)

A 2017 executive order removed criminal history questions from executive branch state job applications until the applicant is contacted for an interview; it covers only state agencies, not private employers (Ky. Exec. Order filed Feb. 1, 2017).
Kentucky's fair-chance rules in KRS Chapter 335B cover public employment and occupational licenses, not private employers (KRS 335B.020; KRS 335B.060).
Starting in 2026, public hiring and licensing authorities that use background checks must offer a process for a person to learn in advance whether a conviction will disqualify them (KRS 335B.032, effective April 10, 2026).

City and county rules

Louisville Metro requires vendors supplying $5,000 or more in goods or services to Metro Government to keep criminal history questions off their initial job applications, unless state or federal law requires them (Louisville Metro Code § 112.30(A), (D)).

State consumer report rules

A consumer reporting agency may not keep information in its files about a criminal charge in any Kentucky court unless the charge resulted in a conviction (KRS 367.310).

How far back a report can go

No Kentucky law limiting how many years back a conviction may be reported was found; the federal FCRA limits apply.
Kentucky court charges that did not result in a conviction may not be kept in a consumer reporting agency's files (KRS 367.310).
A person whose felony record was vacated and expunged does not have to disclose the record on an application for employment (KRS 431.073).
A person whose acquitted or dismissed charge was expunged does not have to disclose it on an employment application, and the proceedings are deemed never to have occurred (KRS 431.076(6)).
After a misdemeanor or violation record is expunged, the person may reply that no record exists and does not have to disclose it on an employment application (KRS 431.078(6)).

Credit checks

No Kentucky statute was found that limits employer use of credit reports beyond the federal FCRA.

Also good to know

Long-term care facilities, staffing agencies that supply nursing facilities, and assisted living communities must request conviction information on applicants and may not knowingly hire people with certain felony convictions into direct care jobs (KRS 216.789(1), (3)).

Common questions

Can Kentucky employers run a background check?

Does Kentucky have a ban-the-box law for private employers?

A 2017 executive order removed criminal history questions from executive branch state job applications until the applicant is contacted for an interview; it covers only state agencies, not private employers (Ky. Exec. Order filed Feb. 1, 2017).

How far back does a background check go in Kentucky?

No Kentucky law limiting how many years back a conviction may be reported was found; the federal FCRA limits apply.

Can Kentucky employers run credit checks on applicants?

No Kentucky statute was found that limits employer use of credit reports beyond the federal FCRA.

Some rules for Kentucky weren't confirmed from an official source. Check with the state before relying on this page.

Sources

This page summarizes state law in plain words, with links to the law itself. It is not legal advice, and laws change: check the linked source, and talk to a lawyer about your own policy. Federal DOT testing rules are separate and override state limits for DOT-covered jobs. Checked October 2026.

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