Accessing Criminal Records
In Kentucky, it is legal for private and public employers to conduct inquiries about an applicant’s criminal history as part of the pre-employment background screening process; this includes reviewing conviction records. NCS makes reading reports easy. Our criminal background checks report convictions and serious pending cases that belong to your applicant.
Employers are not allowed to ask about or consider arrest records that have been expunged, pertain to charges that have been dropped or dismissed or did not lead to conviction may not access sealed records, or require candidates to disclose details regarding arrests or convictions that were expunged from their criminal record. In fact, employers are required to specifically inform candidates that they are under no obligation to share any information regarding expunged charges. 
Kentucky also has expungement laws for both misdemeanors and Class D felony convictions. For these convictions, individuals can petition the court to have their records expunged when five or more years have passed since they have successfully completed their sentences.
As we’ll explore, the state and the city of Louisville have enacted limited ban-the-box laws, which must be considered to remain compliant when conducting background screening in certain jurisdictions.
Ban the Box Policies – Kentucky
Kentucky has enacted laws and ordinances – both statewide and jurisdictional – that incorporate Ban the Box, which prohibits employers from asking applicants about their criminal history on job applications.
An executive order prohibits agencies within the executive branch of Kentucky form asking about applicants’ criminal histories on job applications. The agencies must wait until they have contacted the applicants for an interview. Agencies that are required by law to ask about criminal history are exempt. Other than the state law, only the city of Louisville has adopted a ban-the-box law.
Since the extent of these county ban-the-box regulations vary on a case-by-case basis, it’s important for public employers to stay aware of the distinctions that apply within their jurisdiction.
