Kentucky Arrest and Conviction Records
Overview
Applicants don't have to disclose information about certain expunged criminal records on job applications. Employers can request state criminal background checks through the Kentucky State Police.
Coverage
Public and private employers are covered by the arrest and conviction record provisions.
This summary is restricted to general coverage of laws and regulations affecting private employers' access to and use of criminal records. It doesn't include occupation- and industry-specific legal requirements or other laws and regulations mandating state or national criminal records checks for certain types of employment.
Pre-Employment Inquiries
Expunged records: Applicants don't have to disclose information about certain expunged criminal records on job applications, including information on the existence of these records. Applicants legally can deny that certain expunged criminal records exist in response to any inquiries.
Criminal Background Checking Requirements
Criminal Records Access
Employers can request state criminal background checks through the Kentucky State Police.
Types of information available: Employers can obtain criminal history record information on convictions when conducting background checks on prospective employees and volunteers who consent to providing this information for employment purposes. Employers can't confirm the existence or nonexistence of CHRI if they aren't authorized to receive it.
Criminal history record information is information collected by Kentucky criminal justice agencies on arrests, detentions, indictments, other formal criminal charges and related dispositions such as sentencing, correctional supervision and release. It doesn't include information on:
• offenses that aren't punishable by incarceration;
• identification information such as fingerprints records, unless it indicates involvement in the criminal justice system;
• evaluative information such as statistical or analytical reports and files where individuals aren't identified; or
• intelligence information.
CHRI on nonconviction data can be obtained if authorized by laws, ordinances, executive orders or court orders. Nonconviction data means information on arrests that occurred at least one year ago if there is no disposition and no active prosecution is pending; decisions to not refer arrests for prosecution, not initiate criminal proceedings or indefinitely postpone these proceedings; and acquittals or dismissals.
Employers can't obtain CHRI on persons who are under age 18 or CHRI on criminal offenses committed by persons when they were under age 18. However, employers can obtain CHRI on criminal offenses committed by minors who were adjudicated as adults and found guilty in a Kentucky circuit court. CHRI on juvenile convictions also can be obtained through court orders.
Intelligence and investigative reports maintained by Kentucky criminal justice agencies are available for public inspection when prosecution is completed or a determination not to prosecute is made. However, parts of these reports can be withheld from public inspection if they disclose certain confidential, personal or otherwise sensitive information.
Expunged records: Employers can't obtain information on certain expunged criminal records, including information on the existence of these records. Proceedings related to certain expunged criminal records are considered not to have occurred. Employees and applicants legally can deny that certain expunged criminal records exist in response to any inquiries.
Conditions for Obtaining Criminal Records
Employers can obtain criminal history record information on convictions if they submit a request form along with payment. This form must include:
• the employer's name;
• the prospective employee's or volunteer's name, sex, race, date of birth, Social Security number and previous addresses;
• a waiver releasing the Kentucky State Police from liability for providing conviction information; and
• the prospective employee's or volunteer's signature and a witness's signature.
Administration/Enforcement
The Kentucky State Police administers the arrest and conviction record provisions.
Reference Citations
Ky. Rev. Stat. Ann. §§17.140, 17.150, 17.185, 431.073, 431.076 to 431.079
502 Ky. Admin.Regs. 30:010, 30:060
Web References
Kentucky Laws:
Kentucky Regulations:
Kentucky State Police:
Related Information
A federal Equal Employment Opportunity Commission enforcement guidance advises that state and local laws and regulations on employers' use of criminal records can be preempted by federal law; specifically, Title VII of the federal Civil Rights Act of 1964 can preempt state and local laws and regulations if they require or permit acts that would be unlawful employment practices under Title VII.
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Created: July 2017