AN ACT relating to criminal histories of job applicants.
Summary
HB128 would create a new section of Kentucky law prohibiting most employers from asking about or requiring disclosure of an applicant’s criminal history until later in the hiring process. Under the bill, an employer could not consider felony or misdemeanor convictions, or pending charges, before selecting an applicant for an interview; if no interview is held, the inquiry could not occur until after a conditional offer of employment is made. Employers would still be allowed to ask about criminal history at the first interview or later, so long as they comply with other applicable state and federal laws.
The bill is framed as a “Ban the Box” measure and states a legislative purpose of reducing barriers to employment for people with past criminal records. It is intended to help applicants with criminal histories access meaningful work and reenter civic life, while limiting early-stage screening based on criminal background.
Impact
HB128 would add a new employment-discrimination rule to KRS Chapter 344, affecting hiring practices across Kentucky by restricting when employers may inquire into criminal records. It would not eliminate criminal-background screening entirely, but it would delay such inquiries until after an interview or conditional offer, depending on the hiring process. The bill also preserves exceptions for law enforcement positions, jobs requiring background checks under other laws or regulations, positions where criminal history legally disqualifies the applicant, and roles requiring a fidelity bond that the applicant cannot obtain because of a conviction.
Sentiment
The bill’s stated purpose and structure suggest generally favorable treatment of people with prior criminal records and a policy preference for second-chance employment. Even without recorded committee debate or votes, the measure appears designed to reduce stigma and improve access to jobs for applicants with past convictions. The absence of documented opposition in the provided materials means the overall sentiment in the record is best characterized as supportive of criminal-record employment reform, with the bill presented as a civil-rights and workforce-reentry measure.
Contention
The main points of contention likely concern employer screening rights, workplace safety, and compliance burdens. Employers may object to limits on early access to criminal-history information, especially for sensitive positions or jobs involving trust, finances, or vulnerable populations. The bill addresses some of those concerns through broad exceptions for law-enforcement roles, legally mandated background checks, disqualifying offenses, and fidelity-bond requirements, but those exceptions also define the boundaries of the reform and could be a focus of debate.