Background check basics for HR in Kentucky.
Kentucky background checks: 7 years (fcra default), disclosure and authorization mechanics, and the state statutes that layer on top of FCRA.
What changes in Kentucky
- Report lookback: 7 years (FCRA default). Kentucky follows the FCRA window.
- Ban-the-box: Public sector (Executive Order 2017-064). Governor Bevin's 2017 executive order removed the conviction question from initial state-agency applications.
- Salary history: Local — Louisville Metro. Louisville Metro Government applies to its own hiring; no statewide rule.
"Review our FCRA disclosure and authorization form for standalone compliance. Focus on Kentucky."
Ask this in Ask HR AIPractitioner steps for Kentucky
- Step 1. Use the Kentucky report lookback correctly: 7 years (FCRA default).
- Step 2. Follow the FCRA §1681b(b)(2)(A) disclosure and authorization rules and layer any KY-specific consent language required.
- Step 3. Respect the Kentucky ban-the-box trigger (Public sector (Executive Order 2017-064)) before running any criminal search.
- Step 4. Check KY statutes for expungement, seal, and non-conviction reporting rules and configure the CRA to suppress those records.
Applicable Kentucky statutes and references
- KRS §61.300 (state hiring)
- SB 47 (2023)
- Exec. Order 2017-064
- 15 U.S.C. §1681 et seq. (federal FCRA)
Frequently asked (federal + Kentucky overlay)
Do I need a separate FCRA disclosure?
Yes. The FCRA requires a clear and conspicuous standalone disclosure — not buried in an employment application — before obtaining a consumer report.
Can I include a liability release in the disclosure?
No. Courts have repeatedly held that adding a liability release voids the disclosure and creates statutory FCRA liability.
How current does authorization need to be?
One valid, written authorization can support future reports if it clearly discloses that possibility; otherwise, get a new authorization each time.
Related Kentucky topics
- FCRA adverse action in Kentucky
- Ban-the-Box and Fair Chance hiring in Kentucky
- Wage and hour in Kentucky
- Leaves and accommodations in Kentucky
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Ask HR AI is not legal advice. Confirm any final answers or suggested actions with your employment legal counsel before acting on them.