A background check in Kentucky can assist you in confirming claims made by a person or applicant regarding their background, prior employment history, and educational background. Additionally, it can be useful to weed out candidates with criminal records that are relevant to the position you are hiring for. To avoid potential liability and penalties, it is crucial that you comprehend the laws that govern the process when performing a Kentucky background check.
With 120 counties, Kentucky has a population of more than 4.5 million people. Although county criminal history checks are a good place to start when screening job applicants, employers should broaden the scope to ensure the most thorough background investigation.
A state search will retrieve information from CourtNet, the state database run by Kentucky’s Administrative Office of the Courts, if you are hiring in that state. All 120 of Kentucky’s counties will have their data in the database, including the state’s two largest population centers, Jefferson County and Fayette County.
It should be noted that the Kentucky State Police runs a database similar to CourtNet that needs the target of the search to sign off on it. The person’s name is the starting point of both searches.
With over four million records available in the CourtNet database, a state search in Kentucky can provide essential information to help employers make wiser and more informed hiring decisions.
Kentucky Background Check Laws
Employers in Kentucky must abide by all applicable federal and state laws when conducting background checks on potential hires and current workers.
Below are a few of the most significant laws.
Background check laws at the federal level
Law Against Fair Credit Reporting
The federal Fair Credit Reporting Act safeguards the privacy of data gathered and disclosed by consumer reporting agencies, including businesses that carry out background checks. The information that employers obtain from background checks may also be used by employers in accordance with this law.
The FCRA applies to employers in Kentucky. You must give the applicant or employee written notice of your intention to run a background check before you can actually do it. Additionally, you must get his or her written consent before continuing with the background investigation.
Prior to making a final decision to not hire an applicant or fire an employee based on adverse background information discovered in a background check report, you must first go through the adverse action process.
Title VII of the 1964 Civil Rights Act
Based on applicants’ or employees’ protected characteristics, employers are not allowed to discriminate in the workplace under Title VII of the Civil Rights Act of 1964. Background checks that show an applicant has a criminal history are covered by Title VII.
Employers should complete individual assessments of convictions as they directly relate to the responsibilities of the positions before deciding not to hire someone based on the criminal conviction, according to the Equal Employment Opportunity Commission, the body that upholds Title VII.
Kentucky State Laws on Employment Background Checks
- State Executive Branch Positions Ban the Box Law
- Louisville Ban the Box Ordinance
- Law on Expungement of Misdemeanors
- Law on Expungement for Class D Felonies
- Restriction on the Use of Consumer Reporting Agencies’ Criminal History Data
- Background check fees are covered by employers
Kentucky and Federal Criminal Background Checks
Each candidate for licensure as a Licensed Professional Clinical Counselor (LPCC) or a Licensed Professional Associate must pass both a Kentucky criminal background check through the Kentucky State Police (KSP) and a federal criminal background check through the Federal Bureau of Investigation (FBI) (LPCA).
Kentucky
KSP performs a background check based on a KY name. This Form can be obtained from: http://kentuckystatepolice.org/background-checks/
There is no need to submit fingerprints.
Send the completed Form, along with a check or money order for $20.00, to:
Kentucky State Police
Criminal Identification and Records Branch
Criminal Records Dissemination Section
1266 Louisville Road
Frankfort, KY 40601
There are 10 business days typically needed to complete this process.
Note that the Board of Licensed Professional Counselors, PO Box 1360, Frankfort, Kentucky 40602 is the address to which the information must be released on the form.
A self-addressed, stamped envelope containing the name and address of the Board and the request must be included with the request. Include a second self-addressed, stamped envelope with your name and address if you’d like a copy for yourself.
Federal
You can get a fingerprint background check for your request through the FBI.
- Go to https://uenroll.identogo.com/
- Select Fingerprint Cards as you scroll down.
- Applicant will select Schedule or Manage an Appointment.
- Based on the zip, the applicant will register and choose a fingerprint appointment (day/time) code that they input.
- At appointment, applicant will pay $20 and receive 2 fingerprint cards with their fingerprints.
- The FBI will receive the applicant’s application and fingerprint card by mail. Visit for instructions, visit https://www.fbi.gov/services/cjis/identity-history-summary-checks.
Your fingerprints may occasionally be disregarded. Due to poor quality, this happens most frequently. In that circumstance, you will get a second fingerprint card request in the mail from the FBI. If that occurs:
- The FBI must receive the second fingerprint card that you have provided. The price for requesting a second Identity History Summary and each additional one is $18.
- Please get in touch with the board if you get a second rejection letter.
So if you are looking to hire someone, find a roommate, lookup a tenant, these Kentucky background check ideas are just what you need. Try utilizing them for a fair and quick background check in the state.