An Employer’s Guide to Kentucky Background Checks

Employers often conduct background checks on potential hires for a variety of reasons. These checks play a key role in evaluating whether a candidate is a good fit for a position, giving employers the confidence and assurance they need before making a hiring decision. 

Background checks reveal details about a candidate’s criminal history, employment record, and educational background. Employers in Kentucky must have a clear understanding of background screening procedures and applicable laws to ensure the process is conducted correctly.  

This guide explains what Kentucky employers should know about background checks, including what information may appear, how far they can go, how long they typically take, and which state laws apply.  

What Is a Kentucky Background Check?

A Kentucky background check is a screening process commonly used during the hiring process to help employers gain a clearer understanding of prospective candidates. However, employers must obtain written consent from the applicant before conducting any such check, as it is illegal to do so without permission.

Background checks can cover several aspects of a person’s history, including finances, driving records, credit history, and prior employment. The scope of these checks can vary depending on the role and the level of detail required, meaning not every category is always examined.

For instance, a candidate applying for a finance-related position may undergo a more in-depth review of their financial history than their driving history. 

While verifying an individual’s background is a primary goal, employers also use these checks for other reasons. In many cases, basic screenings are conducted to promote workplace safety and maintain a positive organizational culture. 

What Shows up on a Background Check in Kentucky?

If you’re wondering what a background check includes, there’s no simple answer. The information revealed can vary widely depending on the type of background check being conducted.  It is important for candidates to understand what may be reviewed, as well as their rights throughout the process.  Additionally, certain components may carry more weight than others based on the role and the employer’s specific requirements.

• Criminal History - Criminal history checks identify a candidate’s pending criminal cases and convictions, including details such as the offense type, date, and severity. While this information may be considered during the hiring process, the presence of a criminal record does not automatically disqualify a candidate from employment.
• Employment Verification - Employment verifications confirm a candidate’s prior work history, including employer names, addresses, contact information, dates of employment, and positions held. Employers use these checks to identify gaps in employment and detect omitted employers. 
• Education Verification - Education verification confirms an individual’s academic history, including institution names, addresses, contact information, dates of attendance, and certificates earned. Employers use these checks to validate a candidate’s qualifications and ensure the accuracy of the information provided. 
• Motor Vehicle Records Check - If included within the scope of the background report, a Motor Vehicle Report (MVR) searches the state of Kentucky Department of Motor Vehicles (DMV) to verify the status of the provided driver’s license information and identify any driving-related violations or reported accidents. The report outlines the type of license held by the candidate, along with any endorsements. The scope of results returned covers 3 years of driving history. 
• Credit Checks - Credit checks review a candidate’s credit history, including payment patterns, accounts in collection, and bankruptcies. Employers use these search components to assess financial responsibility,  particularly for roles involving financial oversight. 
• Civil Record Check - Civil court checks investigate a candidate’s involvement in lawsuits, foreclosures, restraining orders, and other civil matters. Employers commonly use these screenings when evaluating candidates for financial or managerial positions. 

How Far Back Does a Kentucky Background Check Go?

The lookback period in Kentucky depends on the search types conducted and the information being reported. The Fair Credit Reporting Act (FCRA) is a US federal law that places limits on what information can be included in a background check. When combined with Kentucky’s expungement laws, it means certain negative records cannot be reported after a specific period of time.

For example, under the FCRA, a 7-year reporting limit applies to jobs paying less than $75,000 annually.  This means details such as arrests that did not lead to convictions, civil lawsuits, bankruptcies, civil judgements, and liens generally cannot be included in a background check once they are 7 years old or more. However, this restriction does not apply to higher paying roles above that salary threshold, nor does it apply to more serious information like criminal convictions.

Kentucky law also allows certain criminal records to be expunged. Once a record is expunged, it is removed from public access and typically will not appear on standard background checks.

It’s important to note that the 7-year rule does not cover all types of information.  Employment history, educational background, and professional credentials can still be verified regardless of age. Additionally, criminal offenses that have not been expunged - whether misdemeanors or felonies may still be reported beyond the 7-year window. 

In recent years, many employers have also begun adopting second-chance hiring practices, recognizing that individuals with past convictions can still be valuable employees.

How Long Does a Kentucky Background Check Take?

The turnaround time to complete a background check can vary significantly depending on the type of screening and how detailed it is. Attempting to gather the information internally can also extend the process, sometimes taking weeks or even months, since it may require contacting multiple organizations or data sources individually to obtain the necessary records. 

For instance, verifying a candidate’s education often involves reaching out directly to schools, colleges, or universities, which can be a time-consuming process. For this reason, many employers choose to work with professional screening providers such as ScoutLogic and their screening services to help streamline the process and ensure background checks are compliant and completed with accuracy and efficiency.

Kentucky Background Check Laws & Requirements

Fair Credit Reporting Act (FCRA)

The Fair Credit Reporting Act (FCRA) helps protect the information collected during background checks and ensures that prospective employee’s privacy is respected throughout the hiring process. It also requires employers to handle any information obtained in a responsible and professional manner. 

In Kentucky, the FCRA requires employers to notify candidates in writing of their intent to run a background check and to obtain the applicant’s written consent before proceeding. 

Additionally, if an employer discovers information that may lead to a negative hiring decision, the FCRA mandates an “adverse action” process.  This gives the candidate an opportunity to review and respond to findings before a final decision is made.  Following this process is essential not only to ensure fairness and prevent discrimination, but also to protect employers from potential legal issues, as missing required steps can result in costly consequences.

Louisville’s ‘Ban the Box’ Law

Louisville led the way in Kentucky by adopting a Ban the Box law in 2014. While the concept can sometimes be misunderstood, it is an important hiring policy to be aware of before beginning the recruitment process. It restricts employers from asking about criminal convictions on initial job applications, helping to reduce early-stage bias against candidates with prior records.

The goal of Ban the Box in Louisville is to expand access to employment opportunities for all applicants. Employers are still permitted to conduct background checks later in the hiring process, typically after a candidate has advanced through interviews or received a conditional job offer.

State-Wide ‘Ban the Box’ Law 

Following Louisville’s example, Kentucky expanded “Ban the Box” efforts in 2017, through the state’s Fair Chance Initiative. This law is more limited in scope than Louisville’s ordinance, as it applies only to executive branch positions and prevents those applications from asking about criminal convictions upfront. By removing the checkbox from job applications, candidates are evaluated primarily on their qualifications before any criminal history is considered. However, this statewide policy does not extend to private employers, who are not required to follow the same restriction. 

Expungement Law for Misdemeanors 

Under Kentucky law, individuals with certain misdemeanor convictions may be eligible to petition the court for expungement five years after completing their sentence (KRS § 431.078). If the expungement is granted, the record is removed from public court access, and the individual may legally state that the offense did not occur, meaning it will not appear on most standard background checks.

Expungement Law for Class D Felonies 

KRS § 431.073 allows individuals convicted of certain Class D felonies to petition for expungement at least five years after completing their sentence, as long as they have no pending criminal cases and meet all eligibility requirements. Only specific non-violent and non-sexual offenses are eligible under this statute.

If expungement is granted, the record is removed from public court files, and the individual may legally state that the offense did not occur.  As a result, it will not appear on most standard background checks.

Final Thoughts

Conducting background checks is an effective way for Kentucky employers to verify that they are making informed hiring decisions. However, before beginning the process, it is important to understand all relevant state and federal laws governing employment screening.

Working with a background screening provider such as ScoutLogic can help employers manage the screening process more efficiently while maintaining compliance and ensuring accurate reporting. Learn more about how we can help your organization today.