Kentucky Background Check
Numerous employers throughout Kentucky recognize the significance of conducting background checks before employment as part of their hiring process.
But, when you conduct a Kentucky background check, it is crucial to know the laws that govern the process to avoid any potential fines or liability.
A job background check in Kentucky can assist you in verifying the assertions an applicant has stated about their prior employment and education qualifications. It will also allow you to screen candidates with criminal convictions directly linked to the job they are being hired for.
Conducting background checks can help you identify false representations that applicants have made on their resumes or applications. It also helps help you avoid the liability of negligent hiring.
Based on our experience in conducting background checks 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 the 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 various reasons, including safeguarding the safety of their employees and customers safety, 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.
Screening applicants for General PostsConducting 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 a background check on every candidate will help you safeguard your company's security and the bottom line and be more confident when making hiring choices.
- 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 their job duties.
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.
- Screening applicants and volunteers for work with vulnerable individuals
Suppose your company provides services to vulnerable people. In that case, you will likely be required to conduct thorough screenings of the applicants you are considering and potential volunteers. For example, workers who work that deal with the disabled, elderly, and those who have mental illness and 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 and criminal background checks, and various other kinds of screening that may not be required in other occupations.
- Conducting a screening of current employees continuously
Businesses in certain industries must 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 to ensure their facilities are safe and avoid accidents.
Kentucky Background Check Laws 2022
Employers in Kentucky who wish to conduct background checks of applicants and employees must adhere to 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 data privacy provided to consumer report agencies, including firms that conduct background checks. This law also covers how employers can utilize their data when conducting background checks.
The FCRA protects employers who operate in Kentucky. Before conducting a background check, you must first provide the prospective applicant and employee with a formal declaration of your intent to conduct a background check. It is also necessary to obtain the applicant's permission in writing before proceeding with conducting the background check process.
Find out that an employee or applicant has negative background information in a background check report. You must go through the adverse action procedure before deciding not to hire them or 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.
By the Equal Employment Opportunity Commission, the organization that implements Title VII, employers should conduct an individual assessment of convictions in that they directly pertain to the tasks required for the position before deciding whether or not to hire someone based on 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 applicant's 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 does not apply to organizations required to request criminal history information under the 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 and 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 five or more years pass since they've completed their sentence.
If someone can clear a misdemeanor record, 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 their record may ask the court to dismiss the verdict and erase the record at a minimum of five years after completing 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. For example, most 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 before 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 investigating background check, which is a criminal background check in Kentucky, those who have not been convicted have 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
In the event of a felony or misdemeanor, it is not reported.
The History of Education
In a report on education verification, The following kinds of information will be displayed:
- A student attended every school.
- The dates for attendance for each institution
- Certificates, diplomas, or degrees awarded
The request for verification of education allows you to confirm the assertions made by an applicant regarding their educational background so that you can confirm that the applicant holds all the skills required for the position and is dependable.
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 can be able to go limited by both Kentucky's FCRA and Kentucky's laws on expungement. The rule is seven years in the FCRA for employment that pays 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
- Civil lawsuits
- Civil judgments
The seven-year limit of the FCRA does not apply 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 do not apply 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 can be reported regardless of how old they may be.
How can I obtain a Kentucky background check?
Request reports on criminal background check report from the Kentucky Court of Justice or the Kentucky State Police.
However, background checks by either the state or State Police judiciary will give details about criminal convictions within Kentucky. However, Kentucky will never reveal information about convictions that took place elsewhere or before federal courts.
The state's criminal background checks 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 by sending requests to various institutions, colleges, schools, and former employers. They can also call people who have references or conduct online searches. However, this procedure could take a few weeks to be complete, and you may not receive complete information or information about your background that is compliant under FCRA.
The best way to get a 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, 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 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 comply, Follow these tips to ensure compliance.
- 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 and Louisville's city officials Louisville and 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.
- Examine any conviction for criminality about 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 not to employ the applicant based on the details.
- Make a Pre-Adverse-Action Notice.
If the background check results make you want to reject someone, you should provide the applicant with advance notice of adverse action. In your notice, you must mention the negative information and image the background check report. In addition, the applicant should be given a timeframe to clarify the facts.
4. Send an Adverse Action Final Notice.
If you don't wish to employ the applicant after completing the adverse action procedure and hiring him, you need to send the applicant an official notice of adverse action.
Be sure to include details about the applicant's rights as a subject according 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?
There is no way to seek information about extinguished misdemeanors or convictions for a felony in Kentucky.
If an applicant successfully expunged a misdemeanor conviction for a felony, they are 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 cannot search for or access information on the same.
What Qualifies You to Be Disqualified from a Background Check within Kentucky?
Candidates may be denied a 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.
- Misrepresenting Past Jobs
Some applicants believe that they can increase their chances of being hired by disclosing their employment dates and titles or obligations.
They may be required to do this in the event of periods of unemployment or be 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.
- 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 the job.
What is the cost of a background check in Kentucky?
If you request a background check from 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 an employment decision. The information they offer is often unreliable and inappropriate, 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 paying for additional details.
If you think 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 takes for background checks in Kentucky?
Employers in Kentucky can't afford background check delays because of the need to make quick hiring decisions. However, 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, employers, and schools, completing a background check can take weeks.
Working together with The Koleman Group LLC can significantly accelerate the process. We have access to reliable databases, and we employ the most cutting-edge research methods to deliver complete, accurate, and 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 a background check can be difficult without time or resources.
In The Koleman Group LLC, we have a wealth of resources. We use the most recent research methods 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 compliance with applicable laws.
Updated on 2022-06-07 21:33:49 by larry coleman