Kentucky Background Check
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Kentucky Background Check

Numerous employers throughout Kentucky recognize the significance of conducting background checks prior to employment as part of their hiring process.

But, when you conduct an Kentucky background check it is crucial to know the laws which govern the process so that you can avoid any potential fines or liability.

 

A job background check in Kentucky can assist you in verifying the assertions an applicant has stated about his or her prior employment and education qualifications. It will also allow you screen candidates with criminal convictions directly linked to the job they are being hired.

Conducting background checks can help you to identify false representations that applicants have done on their resumes or applications. It also helps help you avoid the liability of negligent hiring.

Based on our experience in conducting background check for companies in Louisville, Lexington, Frankfort and a host of other employers across Jefferson and Fayette County, we've put together this state guideline to assist employers in understanding the process for performing background check in Kentucky.

Let's begin now.

Why should you conduct Background Checks on potential hires?

Employers in Kentucky conduct background checks on employees for a variety of reasons, including safeguarding the safety of their employees and customers as well as protecting their business and minimizing the risk of legal liability.

Here are a few of the most frequently cited reasons for conducting background checks on your employees and applicants.

1. Screening applicants for General Posts

Conducting background checks on final candidates for entry-level positions can allow you to confirm their previous employment and educational background and identify those who have criminal convictions which disqualify them for the positions you have open.

Doing background check on every candidate will help you safeguard your company's security and the bottom line, and also be more confident when making hiring choices.

2. Screening applicants to be considered for Management or Supervisory positions

Employing employees to fill managerial or supervisory positions will require confidence in their capability to take on the duties of their job.

Supervisors and managers might have access to more of your company's confidential information , and they are in charge of the people they are in charge of.

Because of this, employers that run background checks for applicants for managers and supervisors often require more detailed background check reports than they will for those applying to lower-level positions.

3. Screening applicants and volunteers for work with vulnerable individuals

If your company provides services to people who are vulnerable it is likely that you will be required to conduct thorough screenings of the applicants you are considering and also potential volunteers. Workers who work that deal with disabled, elderly and those suffering from mental illness as well as children are charged to ensure their patients and clients.

Since social service providers are responsible for safeguarding the people they provide services to, they conduct thorough background checks. This includes the registry checks for abuse and neglect and sex offender registry checks as well as criminal background checks and various other kinds of screening which may not be required in other occupations.

4. Conducting a screening of current employees on a continuous basis

Businesses in certain industries are required to conduct periodic background checks on their current employees. For example, trucking firms have to conduct annual vehicle records checks for the commercial driver of their fleet.

Manufacturing companies might also test their employees for drugs in order to ensure their facilities are safe and avoid accidents.

Kentucky Background Check Laws 2021

Employers in Kentucky who wish conducting background check of applicants and employees must adhere to all of the federal and state laws.

A few of the most significant laws are listed below.

Federal Laws on Employment Background Checks

Fair Credit Reporting Act

Federal law, the Fair Credit Reporting Act protects the privacy of data provided to consumer report agencies which includes firms that conduct background checks. This law also covers how employers are able to utilize the data they get when conducting background checks.

Employers who operate in Kentucky are protected by the FCRA. Before you conduct an background check, you must first provide the prospective applicant and/or employee with a formal declaration of your intent to conduct a background check. It is also necessary to obtain the permission of the applicant in writing before proceeding with conducting the background check process.

If you find out that an employee or applicant has negative background information in an background check report, you must go through the adverse action procedure before you can make a decision to not hire him or her, or to terminate an employee based on the information.

Title VII of the 1964 Civil Rights Act

Title VII of the Civil Rights Act of 1964 bans discrimination in the workplace based on employees' or applicants protected features. Title VII covers background checks which reveal the applicant's criminal background check.

In accordance with the Equal Employment Opportunity Commission, which is the organization which implements Title VII, employers should conduct an individual assessment of convictions in the manner that they directly pertain to the tasks required for the position prior to deciding whether or not to hire someone on the basis of the conviction.

Kentucky State Laws on Employment Background Checks

State Ban the Box Law for Executive Branch Positions

In 2017, Governor. Matt Bevin signed an executive order that prohibits agencies in the Executive Branch of Kentucky from asking about applicants' criminal records when they submit their applications.

In this order executive branch agencies can't request information about criminal histories until they have contacted candidates to schedule interviews.

However, this rule is not applicable to organizations who are required to request regarding criminal history information under law.

Louisville's Ordinance to Ban the Box

In 2014 in 2014, the Louisville City Council voted unanimously to adopt the city's ban-the-box ordinance.

In it, the municipality as well as its vendors are barred from soliciting applicants' criminal history information in their applications.

Instead city vendors and employers are required to delay conducting criminal background checks on applicants until the final stages of the hiring process.

Expunction Law for misdemeanors

Kentucky is home to an expungement statute that is located in Ky. Rev. Stat. SS 431.078.

According to this law, individuals who are convicted of misdemeanors may request the judge to have their convictions erased after 5 or more years pass since they've successfully completed their sentence.

If someone is able to clear the record of a misdemeanor the person won't be required to disclose that they have an unconstitutional conviction when applying for jobs.

Expungement Law for Class D Convictions for Felony

Kentucky additionally has an expungement statute for certain felonies of class D which is located in Ky. Rev. Stat. SS 431.073.

According to this statute the person with an eligible Class D felony on his or her record may ask the court to dismiss the verdict and erase the record at minimum five years after the completion of the sentence.

Limitation of Criminal History Information Gathered by Consumer Reporting Agencies

Under Ky. Rev. Stat. SS 367.310 Consumer reporting organizations that collect criminal history data are not required to keep information on arrests that do not result in convictions.

Employers to pay the cost of background checks

Under Ky. Rev. Stat. SS 336.220 Employers are not allowed to require their employees or applicants to cover any portion of the cost for medical examinations or background checks.

In contrast, employers are the ones responsible for the expenses.

What will an Employment Background Check in Kentucky Find?

The kinds of information that could be found in the Kentucky background check can differ according to the types of reports that are requested. The majority of employers require criminal record checks, employment verifications and educational verifications.

If you're hiring someone to drive as part of their responsibilities it is possible to ask for driving records tests. Some employers will also have pre-employment testing for drugs prior to being hired.

In general the case of the scope of a background check in Kentucky might consist of these:

  • Convictions for felony or misdemeanor which have not been removed
  • Arrests that resulted in convictions
  • Listing on the sex offenders registry
  • List of the Domestic Terrorist Watch List
  • History of education
  • History of address
  • Employment and history

 

To know what could appear on some of the most frequently requested reports, take a look below.

Criminal Record Reports

When conducting an investigation of background check, which is a criminal background check in Kentucky, those who have not been convicted has criminal records that contain the following:

  • The date of the crime
  • The nature of the crime
  • Level of severity of the crime (felony or misdemeanor)
  • The disposition of the charge
  • The date of disposition
  • Sentence

 

In the event of a felony or misdemeanor, it are not reported.

The History of Education

In a report of education verification The following kinds of information will be displayed:

  • Every school was attended by a student.
  • The dates for attendance for each institution
  • Certificates, diplomas, or degrees awarded

 

The request for verification of education allows you confirm the assertions made by an applicant regarding his or her educational background so that you are able to confirm that the applicant holds all the skills required for the position and is dependable.

Work History

If you request an employment verification, the following details will be disclosed:

  • Every past employer
  • Employment dates
  • Positions and titles held

How far back do the background check for employees Go within Kentucky?

The length of time Kentucky background checks are able to be able to go is limited by both Kentucky's FCRA as well as Kentucky's laws on expungement. The rule is seven years in the FCRA for employment that pays a salary less than $75,000 a year. According to this rule the following information is not able to be reported if it's older than seven years

  • Arrests without resulting in convictions
  • Liens
  • Civil lawsuits
  • Bankruptcies
  • Civil judgments

 

The seven-year limit of the FCRA is not applicable to jobs that pay more than $75,000 per year, nor to criminal conviction records.

In Kentucky's laws on expungement, the expunged convictions for felony and misdemeanor are not reported, regardless of how old they are. Additionally, CRAs cannot keep the records of arrests and charges that didn't result in convictions, even if they were dismissed in the last seven years.

The limitations on the amount of time that a background check report can cover in Kentucky are not applicable to any other background information on the applicant's previous jobs or education level.

These rules also don't apply to records of non-expunged convictions which are able to be reported regardless of how old they may be.

How can I obtain an Kentucky background check?

Request reports on criminal background check reports from the Kentucky Court of Justice or the Kentucky State Police.

However, background checks by either the judiciary of the state or State Police will give details about criminal convictions within Kentucky. Kentucky however, they will never reveal information about convictions that took place elsewhere or before federal courts.

Criminal background checks conducted by the state will not reveal information regarding the previous employers of your applicants and education or any other vital information.

Certain companies employ a do-it-yourself method of conducting background checks through sending requests to various institutions, colleges, schools, as well as former employers. They can also call people who have references or conduct online searches. This procedure could take a few weeks to be complete, and you may not receive complete information or information about your background that are compliant in accordance with FCRA.

The best way to get an background check for employment in Kentucky is to partner with an established third-party service provider like The Koleman Group LLC.

We conduct FCRA-compliant, thorough thorough, and trustworthy background checks on our customers.

What is the best way to run Compliant Background checks within Kentucky?

You must follow the laws applicable to you when conducting background checks in order to get a job in Kentucky.

If you break the law and violate the law, you could be punished with a fine or punished, as well as threatened with lawsuits from potential applicants.

To ensure that you are in compliance Follow these tips to ensure you are compliant.

1. Do not ask about Criminal History on Your Applications.

Although Kentucky's ban-the-box laws at present only apply to employees of the executive branch as well as Louisville's city officials Louisville as well as its suppliers, it's nevertheless a good option to avoid asking about criminal background details on your application.

A growing number of counties, cities and states are adopting ban-the-box laws. Getting rid of these kinds of issues can aid in staying ahead of the game.

2. Examine any conviction for criminality with regard to the job.

If the candidate has an arrest history examine it in the light of how it directly relates to the job for which the candidate has applied before deciding to not employ the applicant based on the details.

3. Make a Pre-Adverse-Action Notice.

If the results of an background check makes you want to reject someone, you should provide the applicant with an advance notice of adverse action. In your notice, you must mention the information that is negative and give an image of the background check report. The applicant should be given a timeframe to provide clarification of the facts.

4. Send an Adverse Action Final Notice.

If you don't wish to employ the applicant after you have completed the adverse action procedure and you want to hire him, you need to send the applicant an official notice of adverse action.

Be sure to include details about the rights of the applicant as a subject pursuant to the FCRA and the state law in your letter.

What information am I Not Permitted to Seek in the course of a Kentucky Background check?

In Kentucky there is no way to seek information about extinguished misdemeanors or convictions for felony.

If an applicant successfully expunged a misdemeanor conviction for a felony, he or is not required to notify you or ask questions about the matter.

Kentucky also does not permit CRAs to keep the records of arrests or charges that didn't result in convictions, therefore you are not able to search for or access information on the same.

What Qualifies You to Be Disqualified from an Background Check within Kentucky?

Candidates may be denied job based on details within background check reports for several reasons.

The most frequent reasons for a candidate to be denied an employment opportunity are listed below.

1. Misrepresenting Past Jobs

Some applicants believe that they can increase their chances of being hired by not disclosing their date of employment and titles or obligations.

It is possible that they are required to do this in the event of periods of unemployment or been in lower-level positions with no substantial responsibility.

The truth about the past employment of a person will be revealed in employment records and could lead to rapid denials.

2. Lying about Education

Certain applicants lie about the colleges they attended or claim to have degrees that they did not receive.

The reports on education verification confirm the extent to which applicants have falsified their educational qualifications. Candidates who lie are likely to be rejected for job.

What is the cost of the cost of a background check in Kentucky?

If you request an background check from the state the state, you must provide an amount of $25 for each report.

But this type of background check will not provide all the information you require about a potential applicant, for instance, information about the applicant's previous employment or educational background.

Certain employers may see websites that advertise complimentary background screening. It is not recommended to use the information provided by these vendors when making employment decision. The information they offer is often unreliable and incongruous, and relying on it could lead to legal responsibility.

An economical and secure option is to choose an organization such as The Koleman Group LLC. We adhere to the FCRA and provide background check reports quickly at the lowest cost.

We provide a variety of background check reports, allowing you to choose only the reports you require instead of having to pay for additional details.

If you are thinking that your business is likely to require 50 or more reports every year, you could also take advantage of our substantial discount on bulk orders. Contact us now for an estimate for free.

What is the length of time a Background Check take for background checks in Kentucky?

Employers in Kentucky can't be able to afford background check delays because of the need to make quick hiring decisions. The time it takes for the background check report to come back will depend on the method you conduct it.

If you are trying to make searches available online, and to multiple agencies as well as employers and schools the process of completing an background check can take weeks.

Working together with The Koleman Group LLC, you can significantly accelerate the process. We have access to reliable databases , and we employ the most cutting-edge methods of research to deliver complete, accurate as well as FCRA compliant background check results within as only an hour.

Go to The Koleman Group LLC for Rapid, accurate and Cost-Effective Background Checks for Employment

Conducting background checks for employees will allow you to safeguard your company's reputation and ensure the safety of your customers and employees. However, conducting an background check can be difficult in the absence of the time or the resources.

In The Koleman Group LLC, we have a wealth of resources, and we use the most recent methods of research to conduct precise quick, affordable, and cost-effective background checks on employees for our customers.

To find out more Contact The Koleman Group LLC today for a no-cost, free estimate.

Disclaimer: The information and resources offered on this site are intended for educational use only and are not legal advice. Talk to your lawyer for legal concerns concerning your specific practice and the compliance with applicable laws.


Written on 2021-02-01 17:22:43 by larry coleman

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