Lexington Background Checks

Background Screening in Lexington KY

Background Check Laws Specific to the City of Lexington, KY

There are no laws in Lexington, KY prohibiting employers from questioning an applicant about their criminal history on the job application. However, in 2017, Governor Matt Bevin issued the "Fair Chance Employment Initiative." This executive order bans the felony conviction question, but only for certain jobs with the state of Kentucky.

Employers in the Lexington and Fayette County KY area must abide by state and federal laws, including laws under the Fair Credit Reporting Act (FCRA). According to the FCRA, employers must obtain written permission to obtain criminal or credit background checks on their applicants. Also, if any of the information obtained is used in making a hiring decision, the applicant must be notified and given an opportunity to dispute any misinformation.

Kentucky law also prohibits disqualifying an applicant based on a prior criminal conviction, unless the crime directly relates to the position they're applying for.

Statistics About Crime in the City of Lexington, KY

Experts Say...

Although Lexington, KY is not a ban-the-box city, ban-the-box laws are quickly gaining popularity. McBrayer Law Firm of Lexington explains what it means to "ban-the-box" on employment applications. "As most employees and employers are aware, a standard employment application normally includes a box or line item for the applicant to document whether he/she has ever been convicted of a crime." the law firm said. "In the employment relations realm, however, there exists a growing initiative to 'ban-the-box—meaning that job applications no longer ask about one's criminal history."

The law firm continued by explaining the purpose of the ban-the-box laws. "Ban-the-box proponents believe that individuals with a criminal history have a better chance to attain employment if not eliminated immediately from the pool based solely on the application. By removing the box, these individuals may apply for positions which they would not normally consider because of their past and may have more confidence in an interview setting," they stated. "Ban-the-box proponents assert that by excluding those with a criminal history from the hiring process, employers may be unconsciously excluding certain populations at a disproportional rate. The elimination of the criminal history box or line encourages individuals to get their foot in the employment door and helps alleviate the public stigma against criminal offenders."