Federal Law (FCRA)
The Fair Credit Reporting Act (FCRA) establishes the federal minimum requirements for employment background checks, including disclosure and authorization requirements, consumer rights, and the adverse action process. Many states impose additional requirements that employers must also follow.
Read FCRA Overview →Kentucky: Key Requirements
Scroll to view all requirements below.
Ban the Box / Fair Chance Hiring
Kentucky does not have a statewide ban the box or fair chance hiring law for private employers. Private employers may ask about criminal history on the initial job application and at any stage of the hiring process.
Criminal Record Lookback Period
Kentucky has no state law limiting how far back a criminal background check can go. Employers must follow the federal FCRA baseline.
Reporting Restrictions
Kentucky has not adopted a mini FCRA or other comprehensive state consumer reporting law. Employers must follow the federal FCRA baseline.
Expunged / Sealed Records
Kentucky allows expungement of many non-convictions, misdemeanor convictions, and certain Class D felony convictions after a waiting period, generally 5 years from completion of the sentence, probation, or parole for felonies. An applicant whose record has been expunged does not have to disclose it on an application for employment, credit, or similar purposes.
Salary History Ban
Kentucky does not have a salary history ban. Employers may ask applicants about their previous pay.
Credit Report Restrictions
Kentucky does not restrict an employer's use of consumer credit reports in hiring decisions.
Bankruptcies
Kentucky has no state law limiting the reporting of bankruptcies. Employers must follow the federal FCRA baseline.
Civil Judgments & Lawsuits
Kentucky has no state law limiting the reporting of civil judgments or lawsuits. Employers must follow the federal FCRA baseline.
Tax Liens & Collections
Kentucky has no state law limiting the reporting of paid tax liens or collection accounts. Employers must follow the federal FCRA baseline.
Marijuana / Drug Testing Protections
Kentucky legalized medical marijuana effective January 1, 2025, but the law provides no employment protections for registered cardholders. Employers may enforce zero tolerance drug policies and may test, discipline, or deny employment based on a positive result, including off duty use. A cardholder cannot be presumed impaired solely because of the presence of THC metabolites; an employer must pair that with a documented behavioral assessment before treating the cardholder as impaired.
Pre-Adverse Action Notice & Waiting Period
Kentucky has no state law setting a specific waiting period before taking adverse action. Employers must follow the federal FCRA baseline.
Adverse Action Notice Requirements
Kentucky has no state law adding to the federal adverse action notice process. Employers must follow the federal FCRA baseline.
Authorization Requirements
Kentucky has no state law governing background check authorization. Employers must follow the federal FCRA baseline.
Individualized Assessment
No statute. EEOC guidance under Title VII applies.
Childcare Screening
Kentucky requires a fingerprint supported state and national criminal history background check, along with a child abuse and neglect registry check and sex offender registry check, for child care staff members before they may work with children.
Unless otherwise noted, the information on this page applies to private sector employment. Government employers and certain regulated industries may be subject to additional or different requirements.
Local Ordinances That May Apply
Click a jurisdiction below to view full details.
No Local Ordinances
Kentucky has no local ordinances regulating criminal history inquiries by private employers.
This list reflects known local ordinances at the time of publication and may not be exhaustive. Employers should confirm requirements for every city or county where they hire.
What This Means for Employers
Kentucky gives employers wide latitude, but a few requirements still apply. To stay compliant:
Provide a clear disclosure and obtain written authorization before running a background check. Do not ask about or consider expunged criminal records; an applicant is not required to disclose them. Run the required fingerprint based background check before hiring for any child care role. Follow the FCRA's pre-adverse and final adverse action process before denying employment based on a report. Medical marijuana cardholder status does not need to be accommodated, and a positive test alone cannot be treated as proof of impairment without a documented behavioral assessment.Non-compliance can result in civil penalties, damages, and legal liability under both state and local law.
Download the Kentucky Quick Reference Guide
Get a printable, one-page comparison of FCRA vs. Kentucky law.