Navigating Ohio’s Employment Background Screening Laws in 2025: A Guide for Employers
A comprehensive overview of the legal landscape governing hiring practices in the Buckeye State, ensuring your company remains compliant and makes informed decisions.
In the competitive landscape of recruitment, conducting thorough Ohio background checks is a critical step for employers. However, in Ohio, a complex web of federal, state, and local regulations governs how employers can use an applicant’s criminal history in hiring decisions. As we move through 2025, staying abreast of these laws is not just good practice—it’s essential for avoiding potential legal pitfalls.
This guide provides a detailed look at Ohio’s employment background screening laws, offering clarity and actionable insights for your hiring process.
The Legal Framework: Federal and State Regulations
Ohio employers must navigate a multi-layered legal framework, starting with the federal Fair Credit Reporting Act (FCRA). This cornerstone of background check legislation dictates how employers must obtain, use, and dispose of consumer reports, which include criminal history checks.
Importantly, the FCRA requires employers to obtain an applicant’s written consent before conducting a background check and to follow a specific “adverse action” process if information in the report may lead to a negative hiring decision.
At the state level, Ohio has specific rules that primarily impact public sector employers. However, proposed legislation and a growing number of local ordinances are extending similar protections to applicants for private-sector jobs. A key piece of pending legislation to watch is Ohio Senate Bill 143. If enacted, this bill would implement “ban-the-box” provisions for many private employers, restricting when they can inquire about an applicant’s criminal history.
Official Government Resources:
Criminal Offense Lookback Period: How Far Back Can You Go?
A common question for employers is how many years back they can consider a criminal offense when evaluating an applicant. In Ohio, there is no single state law that sets a universal lookback period for all types of criminal convictions for all jobs.
However, the federal Fair Credit Reporting Act (FCRA) does impose a seven-year lookback period for certain non-conviction information, such as arrests that did not lead to a conviction. It is crucial to note that criminal convictions can be reported and considered by employers indefinitely under the FCRA.
Despite this, the Equal Employment Opportunity Commission (EEOC) and the Ohio Civil Rights Commission (OCRC) caution employers against implementing blanket policies that disqualify any applicant with a criminal record. Instead, they strongly recommend an individualized assessment for each candidate, taking into account:
- The nature and gravity of the offense.
- The time that has passed since the offense and/or the completion of the sentence.
- The nature of the job sought and its responsibilities.
This individualized approach helps to ensure that the exclusion is job-related and consistent with business necessity, thereby reducing the risk of a discrimination claim.
Ban-the-Box Laws in Ohio
“Ban-the-box” laws delay inquiries into an applicant’s criminal history until later in the hiring process, typically after a conditional offer of employment has been made. The goal is to allow candidates to be judged on their qualifications and experience first.
While Ohio’s statewide ban-the-box law currently applies only to public employers, a significant and growing number of cities and counties have enacted their own local ordinances that extend these protections to private employers within their jurisdictions.
As of 2025, the following Ohio localities have some form of ban-the-box or fair chance hiring ordinance:
- Akron
- Alliance
- Canton
- Cincinnati
- Cleveland
- Cuyahoga County
- Dayton
- Franklin County
- Hamilton County
- Lucas County
- Massillon
- Newark
- Stark County
- Summit County
- Warren
- Youngstown
Employers in these areas should consult the specific local ordinances to ensure compliance, as the requirements can vary.
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| Question | Answer |
| Criminal Offense Lookback | No state limit; FCRA allows indefinite reporting of convictions, subject to EEOC guidelines. |
| Ban-the-Box Law | Applies to public employers (enacted 2015); private employers exempt. As of 2025, some Ohio localities have some form of ban-the-box or fair chance hiring ordinance. |
| EEOC Guidance | Requires individualized assessment: job nature, offense gravity, time elapsed. |
Ohio Employment Screening
- SSN Trace, Names, Aliases & Address history
- Nationwide Criminal Database Search based on user input
- National Sex Offenders based on user input
- USA/SDN/OFAC Patriot Act databases based on user input
- Federal USDC Criminal Search based on user input
- (1) County Court Criminal Search based on user input
- 24 Hours turnaround or less
Case Law Snippets: Lessons from Litigation
While every case is unique, reviewing past litigation can provide valuable insights for employers.
- Focus on FCRA Compliance: Many lawsuits in Ohio and across the country stem from an employer’s failure to adhere to the strict procedural requirements of the Fair Credit Reporting Act.
In a notable case from another jurisdiction with similar legal principles, a major corporation faced a class-action lawsuit for not providing a standalone disclosure form for the background check, co-mingling it with other application materials. This serves as a stark reminder to Ohio employers to review their disclosure and authorization forms to ensure they are clear, conspicuous, and separate from other documents. As seen in a report by Coffman Legal, LLC, failure to provide a pre-adverse action notice with a copy of the background report before making a final decision is a common and costly mistake.
- Negligent Hiring Concerns: Employers are often concerned about potential liability for “negligent hiring” if an employee with a criminal record harms someone on the job. Ohio law does provide some protection for employers who hire individuals with a “Certificate of Qualification for Employment” (CQE), which can shield them from certain negligent hiring claims. A legal analysis from Littler Mendelson P.C. highlights how this Ohio-specific certificate can be a valuable tool for both employers and rehabilitated individuals. This underscores the importance of being aware of and potentially encouraging applicants to seek such certifications.
- Disparate Impact and the EEOC: The Equal Employment Opportunity Commission (EEOC) has been active in challenging hiring policies that have a “disparate impact” on certain racial or ethnic groups. For instance, a blanket policy of not hiring anyone with a felony conviction could be challenged if it disproportionately screens out minority applicants and is not demonstrably job-related. The EEOC’s own guidance on the use of arrest and conviction records is a critical resource for employers. A lawsuit filed by the EEOC against a large convenience store chain, reported by the EEOC, alleged that the company’s use of criminal background checks had a discriminatory impact on Black and Native American applicants. This highlights the importance of the individualized assessment to avoid such claims.
Ohio Employment Background Checks for Employers FAQs
What is Ohio’s equivalent to the federal Fair Credit Reporting Act (FCRA) for employment background checks?
Statute/Regulation: Ohio does not have a direct state equivalent to the federal FCRA; however, employers must comply with the federal Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) when obtaining consumer reports, including background checks, for employment purposes. Ohio supplements this with consumer protection laws under Ohio Revised Code (ORC) § 1345.01 et seq. (Ohio Consumer Sales Practices Act), which can apply to unfair practices in reporting.
Brief Description: The federal FCRA regulates the collection, dissemination, and use of consumer information, requiring employers to obtain consent, provide disclosures, and follow adverse action procedures. Ohio’s Consumer Sales Practices Act prohibits deceptive acts in consumer transactions, potentially extending to background check services.
Administering Agency/Entity: Federal Trade Commission (FTC) for FCRA; Ohio Attorney General’s Office for the Consumer Sales Practices Act.
What Ohio law governs criminal background checks for employment?
Statute/Regulation: Ohio Revised Code (ORC) § 109.572 (Criminal Records Checks) and related provisions under ORC Chapter 109 (Attorney General; Bureau of Criminal Identification and Investigation).
Brief Description: This statute authorizes the Ohio Bureau of Criminal Investigation (BCI) to conduct criminal background checks, including fingerprint-based checks, for employment purposes in certain industries (e.g., healthcare, education). It outlines procedures for requesting and using criminal history information while ensuring compliance with privacy and accuracy standards.
Administering Agency/Entity: Ohio Bureau of Criminal Investigation (BCI), under the Ohio Attorney General’s Office.
Does Ohio have a ‘ban the box’ law for private employers?
Statute/Regulation: Ohio has no statewide ‘ban the box’ law for private employers, but Executive Order 2019-03D applies to state agencies. Some local ordinances, such as in Cincinnati (Cincinnati Municipal Code § 910), prohibit inquiring about criminal history on initial applications.
Brief Description: ‘Ban the box’ policies delay criminal history inquiries until later in the hiring process to reduce discrimination against ex-offenders. Ohio’s executive order applies only to state employment, while local rules vary by city and may require private employers to remove criminal history questions from applications.
Administering Agency/Entity: For state agencies: Ohio Department of Administrative Services; for local ordinances: Respective city governments (e.g., Cincinnati Law Department).
What Ohio regulation governs access to driving records for employment background checks?
Statute/Regulation: Ohio Revised Code (ORC) § 4501.271 and ORC Chapter 4507 (Driver’s License Law), administered through the Ohio Bureau of Motor Vehicles (BMV).
Brief Description: These provisions allow employers to request driving records (e.g., abstracts) for positions involving driving, with requirements for consent and permissible use under the federal Driver’s Privacy Protection Act (18 U.S.C. § 2721 et seq.). They ensure privacy protections while permitting access for employment verification.
Administering Agency/Entity: Ohio Bureau of Motor Vehicles (BMV), under the Ohio Department of Public Safety.
What are the lookback time limits for criminal background checks in Ohio?
Statute/Regulation: Ohio follows the federal Fair Credit Reporting Act (15 U.S.C. § 1681c), which imposes a 7-year lookback limit on reporting certain adverse information, including non-conviction criminal records (e.g., arrests). Ohio Revised Code (ORC) § 2953.32 et seq. governs record sealing, which can limit access to older records.
Brief Description: Under FCRA, consumer reporting agencies cannot report arrests, civil lawsuits, or other non-conviction items older than 7 years (with exceptions for high-salary positions). Ohio’s record sealing laws allow eligible individuals to seal certain convictions after a waiting period (e.g., 1-5 years), effectively limiting employer access to those records.
Administering Agency/Entity: Federal Trade Commission (FTC) for FCRA; Ohio courts and the Bureau of Criminal Investigation (BCI) for record sealing.
Conclusion
In conclusion, the key to compliant hiring in Ohio is to move away from bright-line rules regarding criminal history and toward a more individualized assessment of each candidate. By considering the nature of the offense, the time elapsed, and the specific requirements of the job, employers can make fair and legally defensible hiring decisions. This approach not only mitigates legal risk but also widens the talent pool to include qualified individuals who are seeking a second chance.
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult with qualified legal counsel regarding specific compliance questions.