At-a-Glance Compliance Overview

State Mini-FCRA Laws

Kentucky does not maintain a consumer reporting statute comparable to the “mini-FCRA” laws adopted in states such as California, Massachusetts, or Colorado.

Employment background checks obtained from consumer reporting agencies are governed primarily by the Fair Credit Reporting Act (15 U.S.C. §1681 et seq.).

Employers using third-party background screening providers must comply with federal requirements, including:

• providing a clear written disclosure before obtaining a consumer report
• obtaining written authorization from the applicant or employee
• providing pre-adverse action and adverse action notices when information in a consumer report influences an employment decision.

Criminal Record Reporting Rules

Kentucky does not impose state-specific reporting limits on criminal convictions in employment background checks.

Convictions

Criminal convictions may generally be reported without time limitation under FCRA §605(a)(5).

Non-Convictions

Under the Fair Credit Reporting Act, consumer reporting agencies generally may not report arrests or other adverse non-conviction information that is more than seven years old, subject to federal salary threshold exceptions.

Record Sealing / Expungement

Kentucky provides mechanisms for expungement of certain criminal records.

Relevant statutes include:

Ky. Rev. Stat. §431.076 – Expungement of non-convictions
Ky. Rev. Stat. §431.078 – Expungement of misdemeanor convictions
Ky. Rev. Stat. §431.073 – Expungement of certain felony convictions

Eligible individuals may petition to expunge:

• arrests not resulting in conviction
• certain misdemeanor convictions
• limited Class D felony convictions after waiting periods.

Fair Chance / Ban-the-Box Law

Kentucky has enacted a ban-the-box law applicable to public employers only.

Private employers:

• may inquire about criminal history at any stage of the hiring process
• may include criminal history questions on initial job applications.

The public-sector restriction does not apply to private employers.

Credit Check Restrictions

Kentucky does not restrict employer use of credit reports for employment purposes.

Employers may obtain credit reports if they comply with the Fair Credit Reporting Act, including:

• disclosure
• authorization
• pre-adverse action notice
• adverse action procedures.

Cannabis Use and Drug Testing Rules

Kentucky permits medical cannabis under a limited regulatory framework, but does not provide broad employment protections.

Kentucky law does not require employers to accommodate marijuana use.

Employers may:

• maintain drug-free workplace policies
• require pre-employment drug testing
• discipline employees for positive drug tests or workplace impairment.

Pay Equity and Salary History Rules

Kentucky does not maintain a statewide salary history ban or pay transparency law affecting private employers.

Employers must comply with federal anti-discrimination laws governing compensation.

Local Fair Chance or Screening Ordinances

No local fair chance hiring ordinances, credit check restrictions, cannabis testing restrictions, or pay transparency laws affecting private employers have been identified in Kentucky.

Key Statutes

• Expungement (Non-Convictions) – Ky. Rev. Stat. §431.076
• Expungement (Misdemeanors) – Ky. Rev. Stat. §431.078
• Expungement (Felonies) – Ky. Rev. Stat. §431.073

Employer Compliance Checklist

Employers conducting background checks in Kentucky should implement several compliance practices.

• Follow federal Fair Credit Reporting Act disclosure, authorization, and adverse action requirements when ordering background checks.

• Ensure expunged records are not considered in employment decisions.

• Apply criminal history screening policies consistently to reduce discrimination risks.

• Maintain clear workplace drug testing policies addressing controlled substance use and workplace impairment.