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KRS 335B.020

Disqualification from public or occupational license of ex criminal offenders prohibited -- Exceptions

Applied in 1 court decision — leading case Fisher v. Commonwealth, Public Protection Cabinet, Department of Housing, Buildings & Construction, Division of Plumbing (2013)

Most recently applied in Fisher v. Commonwealth, Public Protection Cabinet, Department of Housing, Buildings & Construction, Division of Plumbing (June 2013)

History: Amended 2017 Ky

(1) No person shall be disqualified from public employment, nor shall a person be disqualified from pursuing, practicing, or engaging in any occupation for which a license is required solely because of a prior conviction of a crime, unless the crime for which convicted directly relates to the position of employment sought or the occupation for which the license is sought.

(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:

(a) The nature and seriousness of the crime for which the individual was convicted and the passage of time since its commission;

(b) The relationship of the crime to the purposes of regulating the position of public employment sought or the occupation for which the license is sought;

(c) The relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the position of employment or occupation. Effective:June 29, 2017

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.