Kentucky ban-the-box rules: state jobs, KRS 335B and Louisville

Kentucky has no ban-the-box law for private employers, as of October 2026. Its rules are for government hiring: Executive Order 2017-0064 took conviction questions off state executive branch applications and makes agencies wait until the applicant has been contacted to interview, and KRS 335B.020 bars disqualifying someone from public employment solely because of a conviction that does not directly relate to the job. Louisville Metro's code adds a fair chance rule for Metro hiring and larger Metro vendors, though we could not confirm its current text for this page. Every Kentucky employer, though, must let candidates leave expunged records off an application, and screening companies may not keep Kentucky charges that did not end in a conviction.

Does Kentucky have a ban-the-box law for private employers?

No. We found no Kentucky Revised Statute that tells a private employer when it may ask about criminal history. A private employer may ask on the application under state law. What Kentucky law does control for private employers is what they may be told and what candidates must disclose, covered further down. The wider state picture is on hiring employees in Kentucky.

What does Executive Order 2017-0064 require for state jobs?

The order, filed with the Secretary of State on February 1, 2017 by Governor Matthew G. Bevin, directs that "Executive Branch state job applications shall be amended to remove questions regarding convictions and criminal history" and that agencies "shall not inquire into an applicants criminal history until the applicant has been contacted to interview," unless required by law to do so. Agencies under the Governor's jurisdiction must take the steps needed to carry it out.

The order is short. It sets the timing for state executive branch agencies and nothing else: no notice or response period, no penalty, and no reach to private employers, state contractors, the legislature, the courts, cities, counties or school districts. The order remains published in the executive journal; we did not find a later order changing it, but we did not confirm its status with the Governor's office.

What does KRS 335B require of public employers?

KRS Chapter 335B governs how convictions are used in public employment and occupational licensing. Section 335B.020, as amended effective April 10 and July 15, 2026, says a person "shall not be disqualified from public employment" or from a licensed occupation "solely because of a" prior conviction, "unless the crime for which the person was convicted directly relates to the position of employment sought," or because of a finding of bad character based only on a conviction.

To decide whether a conviction directly relates, the hiring authority must consider items the applicant submits, which may include:

• the nature and seriousness of the crime, the person's age when it was committed and the time since;
• the relationship of the crime to the position, and to the ability, capacity and fitness required to perform its duties;
• any bonding requirements for a licensed occupation; and
• evidence of rehabilitation, such as compliance with supervision, work history, treatment and references.

This is an individualized review written into state law, but only for public employers and licensing boards. A private employer that adopts the same factors, which overlap with the Green factors discussed below, has a sound way to document its decisions.

What applies in Louisville and Lexington?

• Louisville Metro. Our Kentucky background check guide describes Louisville Metro Code 112.30 as barring Metro government from asking about conviction history until an applicant is found otherwise qualified, and as requiring vendors supplying $5,000 or more to Metro to keep the criminal history box off their initial applications. The American Legal code library refused our requests for this page, so we could not confirm the current text; check it with Louisville Metro if you or your client are a Metro vendor.
• Lexington-Fayette. We found no fair chance provision in the Lexington-Fayette Urban County Government's code of ordinances; its code requires criminal record checks for some regulated jobs and licenses instead.

What do Kentucky's record laws require of every employer?

• Expunged records. Under KRS 431.073 and the related expungement sections, the person "shall not have to disclose the fact of the record or any matter relating thereto on an application for employment," and agencies reply that no record exists. Ask about convictions in words that exclude expunged matters.
• Dismissed Kentucky charges. KRS 367.310 says no consumer reporting agency "shall maintain any information in its files relating to any charge in a criminal case, in any court of this Commonwealth, unless the charge has resulted in a conviction."
• Certificates of employability. Under KRS 196.281, a certificate issued to a person leaving prison may be a defense to a negligent hiring claim if the employer knew of it, except where the employer knew or should have known the person should not be hired for the position because of relevant history.

State record sources and mandatory checks for care, school and child-serving jobs are in Kentucky background check laws.

What federal rules still apply in Kentucky?

• Title VII. The EEOC rescinded its 2012 guidance on arrest and conviction records on October 28, 2026, but Title VII and its disparate impact provision, 42 U.S.C. 2000e-2(k), still apply. A job-related review using the Green factors from the 1975 Eighth Circuit case (the nature and gravity of the offense, the time since it and the nature of the job) is still the safe practice.
• Federal contractors. The Fair Chance to Compete for Jobs Act, 41 U.S.C. 4714, bars contractors from requesting criminal history before a conditional offer for positions related to work under a federal contract, for contracts awarded under solicitations issued after its effective date, with exceptions.
• The FCRA. Reports from screening companies need a stand-alone disclosure, written authorization and the adverse action steps in the FCRA background check process.

Kentucky criminal history rules at a glance

What should staffing agencies and recruiters do in Kentucky?

• State agency roles: do not ask before the agency has contacted the candidate to interview; leave it to the agency.
• Louisville Metro vendors: if you or your client supply Metro above the threshold, check whether your initial application must drop the criminal history question.
• Private clients: state law allows early questions, but keeping criminal history out of recruiter screens is simpler to defend and travels well to stricter states such as Illinois.
• Forms: exclude expunged matters from any criminal history question, and expect Kentucky reports not to show dismissed Kentucky charges.
• Licensing: see Kentucky staffing agency licensing.

Questions to settle with a Kentucky client at intake

• Is the client a state executive branch agency, another public employer, a Louisville Metro vendor, a federal contractor or a private employer?
• Does any law disqualify people with specific convictions from this job, or require a check? Which law?
• Does the client's application exclude expunged records from its criminal history question?
• Who orders the background check, who weighs any record against the job, and who sends the FCRA notices?

A script for Kentucky screens

Candidate asks whether to mention an expunged case: "No. In Kentucky an expunged record doesn't have to be disclosed on an application. I don't ask about records on my screen anyway."

State agency role: "The agency asks about background only after it has contacted you to interview, so it isn't part of my screen."

Candidate volunteers a conviction: "Thanks for telling me. I won't note it. If the employer runs a check, it's a separate step and you'd see anything they rely on."

A Kentucky checklist for recruiting desks

1. Record whether each client is a state agency, a public employer, a Louisville Metro vendor, a federal contractor or private.
2. Reword criminal history questions to exclude expunged records.
3. Keep criminal history out of recruiter screens and submittals; see what not to write in interview notes.
4. Route screening company reports through the FCRA steps and write down the job-related reason for any decision.
5. For neighboring states, see Tennessee, Indiana, Virginia and Missouri; for the federal picture, ban-the-box laws and interview questions.