{"data":{"id":"us-ky/krs-335b.032","jurisdiction":"us-ky","citation":"KRS 335B.032","heading":"Determination of whether conviction of crime disqualifies individual","body":"from employment or occupation -- Application policy -- Administrative\nregulations -- Report.\n(1) Any hiring or licensing authority that considers a criminal background check as part\nof its application process shall establish and implement a process by which an\nindividual who has been convicted of a crime can obtain a determination about\nwhether the crime will disqualify the individual from a position of public\nemployment or an occupation for which a professional license is required.\n(2) When a criminal background check is required by a hiring or licensing authority\nunder subsection (1) of this section, an individual may submit his or her application\nand have that application cons idered by the authority before pursuing any training\nor specialized education that is required for the position of public employment or an\noccupation for which a professional license is required. A hiring or licensing\nauthority shall:\n(a) Request that the individual submit the information listed in KRS 335B.020(2)\nto the hiring or licensing authority within a reasonable time as determined by\nthe authority;\n(b) Afford the individual an opportunity for an in -person, telephone, or video\nhearing; and\n(c) Evaluate the applicant's testimony and the evidence of items listed in KRS\n335B.020(2) and determine if the conviction relates to the position of public\nemployment sought or the occupation for which a license is sought prior to\ntaking any action on the application.\n(3) A determination made in accordance with this section that a person is not\ndisqualified from a position of public employment or an occupation for which a\nprofessional license is required due to criminal history shall be binding upon a\nhiring or lice nsing authority unless, at the time a full application for a position of\npublic employment or an occupation for which a license is required is submitted,\nthe applicant has subsequently been convicted of a crime or has any previously\nundisclosed convictions of a crime.\n(4) A hiring or licensing authority shall display on its website its application policy and\nprocedures pertaining to an individual with a criminal background. The application\ninstructions shall include the following:\n(a) That the application p rocess may include a background check by the\nDepartment of Kentucky State Police or the Administrative Office of the\nCourts and may require the applicant to submit to fingerprinting;\n(b) That a criminal conviction may disqualify an applicant from obtaining  a\nposition of public employment or an occupational license; and\n(c) That the applicant shall submit the information described in KRS 335B.020(2)\nto the hiring or licensing authority within a reasonable time determined by the\nauthority.\n(5) A hiring or licensing authority shall provide the public notice as described in\nsubsection (4) of this section:\n(a) To all applicants within fourteen (14) days of application or selection for an\ninterview; and\n(b) To educational institutions that provide e ducation and training in the areas of\nstudy requiring an occupational license to practice for prospective applicants.\n(6) A hiring or licensing authority shall:\n(a) No later than January 1, 2027:\n1. Formulate policies and procedures as necessary to carry o ut the\nprovisions of this section; and\n2. Promulgate administrative regulations in accordance with KRS Chapter\n13A related to this section; and\n(b) Provide the Legislative Research Commission for referral to the Interim Joint\nCommittee on Licensing, Occupa tions, and Administrative Regulations a\nreport by November 1, 2027, to confirm that an application process as\ndescribed in this section has been established and is being utilized.","path":["KRS Chapter 335B"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56802","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:25Z","sha256":"0b3fe9dea6348330177e1c6972b119729cb12a41ea226588d8b016aca10ae08f","source_id":"us-ky","stale":false,"prev":"us-ky/krs-335b.030","next":"us-ky/krs-335b.034"},"notice":"GroundRules: Original legal text. Not legal advice."}