KRS 335B.020: Disqualification from public employment or occupational license because

of prior criminal conviction prohibited -- Items submitted by applicant --

Rebuttable presumption for person who obtains certificate of employability

under KRS 196.281.

(1) A person shall not be disqualified from public employment or from pursuing,

practicing, or engaging in any occupation for which a license is required solely

because of a:

(a) Prior conviction of a crime, unless the crime for which the person was

convicted directly relates to the position of employment sought or the

occupation for which the license is sought; or

(b) Finding that an applicant lacks good character or fails to meet any other

similar standard where a criminal conviction is the sole basis for the finding.

(2) In determining if a conviction directly relates to the position of public employment

sought or the occupation for which the license is sought, the hiring or licensing

authority shall consider items submitted by the applicant, which may include:

(a) The individual's criminal history, including but not limited to:

1. The nature and seriousness of the crime;

2. The individual's age when the offense was committed;

3. The length of time since the offense was committed;

4. The relationship of the crime to the public employment position sought

or the occupation for which the license is sought; and

5. The relationship of the crime to the ability, capacity, and fitness required

to perform the duties and discharge the responsibi lities of the public

employment position or licensed occupation;

(b) Any bonding requirements for the occupation for which the license is sought;

and

(c) Any evidence of rehabilitation submitted by the applicant, including but not

limited to evidence relat ed to the person's compliance with any conditions of

community supervision, parole, or mandatory supervision, the conduct and

work activity of the person, treatment undertaken by the person, and

testimonials or personal reference statements.

(3) There shall be a rebuttable presumption for any occupational license that requires

good moral character that the person applying for the license is of good moral

character if, after the criminal conviction, the person obtains a certificate of

employability pursuant to KRS 196.281 and the certificate has not been revoked.

This rebuttable presumption shall not apply if the conviction would qualify the

individual as a registrant as defined in KRS 17.500.