Kentucky Background Check

• February 3, 2023
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Ask any native Kentuckian, and they’ll tell you the Blue Grass state is a brilliant place to live, work, and play. It’s also an appealing place to do business or start a volunteer organization.  Kentucky is ranked number one in the nation for having a low cost of doing business rate, and the state also provides business owners a tremendous amount of benefits, tax incentives, and resources that make doing business in KY far more convenient than other states.  But what about hiring employees and doing a proper background check in Kentucky?  The good news is, a Kentucky background check on new hires is meant to protect both the applicant and the business owner.  The downside is there can be a lot of potential pitfalls when it comes to navigating an exhaustive list of state and federal laws.  

Thankfully, you have our comprehensive, compliant services for background checks at your fingertips.  We’re your best ally when it comes to how to get a background check in Kentucky that is thorough as well as compliant with state and federal laws and regulations.  To that end, here are a few things you should know and how we will help you with establishing compliant pre-screenings for applicants or potential volunteers for your organization in Kentucky.

How PreSearch, Inc. Can Help With Background Check Services in Kentucky

Kentucky has distinct laws and expectations for employers and volunteer agencies when it comes to pre-screening processes.  While doing business in Kentucky can be incredibly rewarding, it can also imply significant challenges.  That is why PreSearch is your ultimate secret weapon in building your pre-hire success.  We provide peace of mind for your business or organization because we deliver results. PreSearch is your answer when you are looking for simple, streamlined solutions you can count on so your hiring managers or recruiters can onboard the best possible candidates for your organization.

What is a Background Check 

When you boil all the details down, a background check is a process in which employers and administrators can get a true picture of the potential new hire sitting in front of them applying for a job or volunteer position.  Background checks in Kentucky are crucial so that hiring managers can evaluate essential information such as criminal history, educational background, employment history, and the like.  Moreover, a Kentucky state background check is critical to verify an applicant’s identity.

Importance of Background Checks in Kentucky

If you think about it, you really don’t know anything about the person applying for a position within your organization – apart from the information they’ve provided.  It’s a bitter reality, but not everybody seeking employment is 100% honest.  The truth is that sometimes people are tempted to embellish their credentials or even lie about their history in order to obtain the position they desire.  To this end, a Kentucky background check is necessary to confirm and verify the history of your applicant.  Furthermore, a background check is pivotal when it comes to assessing whether or not an applicant is qualified, capable, and suitable for your employment or volunteer position.

Types of Background Checks in Kentucky

There are various different types of background checks you can conduct as a hiring manager or volunteer administrator.  From general history checks for basic entry-level positions to an in-depth criminal background check in Kentucky, examining a candidate’s history can be as detailed or simplified as your needs predict.  Here are a few examples of different types of background checks in Kentucky.

Criminal Background Checks

As mentioned, your decision to get a criminal background check in Kentucky is contingent upon the position for which you are hiring or recruiting.  However, there are some positions that naturally call for a criminal history check.  For instance, if candidates are working with vulnerable people such as children or the elderly – it’s crucial to get a criminal history check to ensure safe practices are maintained.  Or, let’s say you are hiring for a high-profile executive position that would expose the candidate to sensitive data, security access, or financial information.  In this scenario, a criminal background check is a smart move for any hiring manager. 

Employment Background Checks

At the minimum, all employers should obtain general background checks on pre-hires.  Even the most basic level background checks can give employers a bevy of essential details that can educate them on whether or not they should hire the candidate applying for the position.  Moreover, even positions that are commonly misconstrued as menial such as cashiers or parking attendants, demand background checks. Why? Because while these and similar positions may seem basic, these entry-level positions require honest, qualified employees.  And the only way you can determine the level of trustworthiness or experience is by getting an employment background check.

How to Get a Background Check in Kentucky

Now that we’ve talked about the importance of background checks, you might be wondering how to get a background check in Kentucky.  Employers in the Blue Grass state have several options.  You can obtain criminal background check reports by submitting a request to the Kentucky State Police. Employers can also submit a request for background information from the Kentucky Court of Justice.

However, obtaining candidate histories via state agencies can take a long time.  Furthermore, this information is not nearly as comprehensive or detailed as a professional background check service can provide.  For instance, a state agency criminal report will only provide you with infractions that took place in the state – it won’t reveal any criminal activity in other states or internationally.  

Additionally, these state-sourced background reports will not give you valuable information such as educational history or provide you insights into past employment information.  These and other details are critical for fully assessing the capability of your candidates.  That’s why partnering with PreSearch is such a smart move. We can provide you with the most accurate and thorough background checks for trusted employees that are reliable and necessary for making the right hiring decisions for your business or volunteer organization.  

How Long Does a Background Check Take in Kentucky

So, how long does a background check take in Kentucky? The answer to that depends upon how you go about obtaining your pre-screen checks.  To explain, if you request information from the state agencies mentioned earlier, you can expect to wait days, or even a week for your results.  However, if you use a qualified background check service such as PreSearch, you can anticipate accurate, comprehensive results in a matter of days, and in many cases, we can give you same-day service.  Considering this, the answer is clear.  If you want an accurate and quick background check, our professional services will deliver fast, reliable results.  

How Far Back Does An Employment Background Check Go in Kentucky

The most common question both employers and candidates ask is, how far back does a background check go in Kentucky?  By and large, the standard lookback period is seven years.  There are a few caveats to this seven-year rule of thumb, however.  For instance, if a candidate stands to earn $75,000 or more, then background checks can go beyond the seven-year standard.  Additionally, criminal records that are expunged or sealed may not be accessed no matter what the age.  However, certain information, such as education or employment history, can be explored beyond the standard seven-year term.

Kentucky Background Check Laws

The most integral yet often the most precarious part of obtaining a Kentucky background check is complying with various laws when obtaining information on pre-hires.  Here are a few regulations all employers in Kentucky should abide by when conducting background checks on potential employees or volunteers.

Federal Laws on Employment Background Checks

Among federal laws governing how background checks are conducted, these are the uppermost regulations of which all employers must be aware:

Civil Rights Act, Title VII 

Established in 1964, this act is enforced by the Equal Employment Opportunity Commission (EEOC) as a way to deter employers from discriminating against applicants based on certain characteristics.  For example, the act prohibits employers or volunteer agencies from rewarding or denying employment to applicants based on race, religion, gender, or political affiliation – just to name a few characteristics. 

The Fair Credit Reporting Act (FCRA)

The Fair Credit Reporting act was created to protect the privacy of consumers. As an employer, if you conduct a credit check as part of your pre-screening process, the FCRA is also meant to protect the privacy of your candidates.  This act regulates information that can be collected by reporting agencies as well as what can be reported. The act also regulates how that information can be used.  Under FCRA, employers are required to notify candidates that they are subject to a credit check in writing.

Kentucky Employment Background Check Laws

Now that we’ve covered some of the top noteworthy federal laws, let’s take a look at background check laws specific to the state of Kentucky.

Pre-employment Background Check Laws in Kentucky

There are several pre-employment background check laws of which Kentucky employers must be aware.  Of course, if you opt to use a background check service such as PreSearch, we are highly versed in state laws, so you can rest assured all your pre-screening checks are conducted to the letter of Kentucky state laws.  To this point, we ensure the following and all other state laws are strictly adhered to when we conduct your background checks.

Ban-the-Box Law

In general, the ban-the-box law states that employers may not ask an applicant if they have any criminal history in their past. It’s called “ban-the-box” because of the little box often seen on applications requesting applicants to check if they have committed a crime.  

In Kentucky, the ban-the-box only applies to agencies in the executive branches of the state. So, therefore, employers for these positions may not request information on criminal activities from candidates applying for executive positions.

However, there is an exception. If you are an employer in the city of Louisville, the ban-the-box law applies to all positions. That means Louisville employers may not inquire about criminal activity on an application, regardless of the job position.  

Expungement Law for Misdemeanors

This Kentucky state law states that a candidate with misdemeanor convictions can plead to the court to have their criminal records expunged.  This petition can be granted by the state if the individual has completed their sentence for the crime(s), and if granted, records can be expunged for 5 or more years. For employers, this means these expunged criminal records may not be accessed and, therefore, will not show up on a criminal background check in Kentucky.

Restriction on Criminal History Information Gathered by Consumer Reporting Agencies

Put simply, under Kentucky statute 367.310, if reporting agencies collect criminal history on a pre-hire, they cannot gather information about arrests that did not lead to a conviction.

How Much Does A Background Check Cost in Kentucky

If you opt to go through a state agency, your cost will average around $25 per request.  This might sound reasonable.  However, keep in mind that these state-generated background checks can take a long time to process, leaving you short-handed and potentially losing money in your business.  Furthermore, these state reports will not reveal all of the essential information you need to make a properly informed decision about your pre-hire.  Employers are far better positioned to take advantage of the value inherent in PreSearch background check services.  Our prices are affordable and exceedingly worth the cost because of our accurate, comprehensive, fast, and reliable results.