Kentucky has limited state rules on private-employer background checks. There is no statewide ban-the-box law for private employers, and no Kentucky statute specifically regulating background check or tenant screening companies. For most Kentucky job seekers and renters, the federal Fair Credit Reporting Act is the main protection when a report contains errors.
Public employment is treated differently. Under KRS 335B.020, a past conviction alone may not disqualify someone from public employment or from a licensed occupation unless the crime directly relates to the position. The hiring or licensing authority must consider the seriousness of the crime, the time since it happened, and how it relates to the job. NELP reports that Kentucky adopted a fair-chance policy for state government hiring in 2017.
Kentucky's expungement law is important for accurate reports. Under KRS 431.073, a person may apply to vacate and expunge many Class D felony convictions, including a listed series of Class D felonies from one incident, five years after completing the sentence, probation or parole. Once a record is expunged, it is removed from official state background checks, and agencies must respond that no record exists. The statute also says the person does not have to disclose the expunged record on employment, credit or other applications. A private background report that still shows an expunged conviction may be inaccurate under the FCRA.
Where Kentucky FCRA cases are filed
FCRA claims are federal, so they go to a United States District Court. Cases from Kentucky are heard in 2 federal districts:
- Eastern District of KentuckyCourthouses: Ashland, Covington, Frankfort, Lexington, London.Filed with local or cooperating counsel
- Western District of KentuckyCourthouses: Bowling Green, Louisville, Owensboro, Paducah.Filed with local or cooperating counsel
Our attorneys are licensed in Texas, California, and Georgia. Where they aren't admitted in your local federal court, we work with local or cooperating counsel who are. You may also be able to sue where the company that reported you is based, in a court where our attorneys are admitted:
- Checkr: HQ in N.D. California
- First Advantage and Sterling: HQ in N.D. Georgia
- RealPage: HQ in N.D. Texas
Which court is right depends on your facts. We'll tell you at your free case review.
Kentucky laws that add to the FCRA
- Felony expungement (Ky. Rev. Stat. § 431.073)
Allows a person to apply to vacate and expunge many Class D felony convictions five years after completing the sentence, probation or parole. Expunged records are removed from official background checks, and the person need not disclose them on employment, credit or other applications. Read it - Convictions and public employment or licensing (Ky. Rev. Stat. § 335B.020)
A prior conviction alone may not disqualify a person from public employment or a licensed occupation unless the crime directly relates to the position, considering the seriousness of the crime, the time elapsed and its relationship to the job. Read it
Common background check errors
- Someone else's criminal or eviction record matched to you by name
- Dismissed, sealed or expunged cases still reported
- Charges reported as convictions, or misdemeanors as felonies
- The same case listed several times
- Eviction filings reported without the dismissal or outcome
Learn how these cases work on our background check lawsuits page, or read our lawsuit guides for Checkr, Sterling, HireRight, First Advantage, RealPage, SafeRent, RentGrow and TransUnion Rental Screening.
Frequently asked questions
Do I have to disclose an expunged conviction on a Kentucky job application?
KRS 431.073 says a person whose conviction has been expunged does not have to disclose it on employment, credit or other applications. Expunged records are also removed from official state background checks.
Can a Kentucky employer refuse to hire me because of a conviction?
Private employers in Kentucky generally may consider criminal history, but if they use a background check company they must follow the federal FCRA's notice, consent and pre-adverse action rules. Public employers and licensing boards may not disqualify someone solely because of a conviction unless it directly relates to the job, under KRS 335B.020.
What if a background check shows a Kentucky case that was expunged?
You can dispute the entry with the background check company, which must reinvestigate. Reporting an expunged conviction may be inaccurate under the FCRA and, depending on the harm, may support a claim for damages.
How long do I have to file an FCRA lawsuit in Kentucky?
FCRA deadlines are the same everywhere: generally two years from when you discover the violation, and no more than five years from when it happened (15 U.S.C. § 1681p). Waiting can cost you the claim.
Sources
- U.S. District Court for the Eastern District of Kentucky
- U.S. District Court for the Western District of Kentucky
- Ky. Rev. Stat. § 367.365 (security freeze)
- Ky. Rev. Stat. § 431.073 (expungement)
- Ky. Rev. Stat. § 335B.020 (public employment and licensing)
- NELP, Ban the Box / Fair Chance Hiring State and Local Guide
- Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.
- 15 U.S.C. § 1681c-1 (free national security freezes)
Updated November 2026. This page is general information, not legal advice.