KRS 17.160: Furnishing potential employer with person's record of convictions, guilty

pleas, and Alford pleas involving specified crimes.

(1) Notwithstanding any other provision of law, an employer may request from the

Justice and Public Safety Cabinet or the Admi nistrative Office of the Courts, or

both, records of all available convictions involving any felony offense, any

misdemeanor offense in KRS Chapter 531 or KRS Chapter 510, any misdemeanor

offense under KRS Chapter 218A committed within the five (5) years i mmediately

preceding the application, or any conviction for violating KRS Chapter 189A

committed within the five (5) years immediately preceding the application of a

person who applies for employment or volunteers for a position in which he or she

would ha ve supervisory or disciplinary power over a minor. The cabinet or the

Administrative Office of the Courts, as appropriate, shall furnish the information to

the requesting employer and shall also send a copy of the information to the

applicant.

(2) Any requ est for records under subsection (1) of this section shall be on a form

approved by the cabinet and the Administrative Office of the Courts. No fee shall be

charged to the employer or to the person whose records were requested if funding

for the record che cks provided for in this section is provided through some other

mechanism; otherwise the cabinet or the Administrative Office of the Courts may

charge a fee to be paid by the organization making the request, not to exceed the

actual cost of processing the request.

(3) The cabinet and the Administrative Office of the Courts shall promulgate

administrative regulations to implement the provisions of this section. No

administrative regulation shall be adopted requiring or authorizing the

fingerprinting of applicants.

(4) As used in this section, "employer" means any organization chartered by the

Congress of the United States or specified by the Attorney General which employs

or uses the services of volunteers or paid employees in positions in which the

volunteer or employee has supervisory or disciplinary power over a child or

children. An organization which has an administrative office with paid personnel

which has jurisdiction over suborganizations in one (1) or more counties shall make

application for record c hecks through the administrative office of the organization

and not through each individual suborganization.

(5) Offenses which may be searched for under this section are ones involving any

conviction, plea of guilty, or Alford plea, to any offense specifi ed in subsection (1)

of this section or the attempted violation of any offense specified in subsection (1)

of this section. Conviction for a violation or attempted violation of an offense

committed outside the Commonwealth of Kentucky is a crime if such offense would

have been a crime in Kentucky under subsection (1) of this section if committed in

Kentucky.