Ohio Background Check Laws for Employers (2026)
Hiring in Ohio? First, learn which laws shape every background check you order. Ohio has no state version of the FCRA, so federal law sets the core consumer reporting rules.
Ohio statutes then add rules for public job applications, sealed records, driving data, mandated BCI checks, and the questions an application may ask. BCS Background Screening LLC wrote this guide for HR teams, business owners, and recruiters who screen Ohio applicants.
Ohio Background Check Laws at a Glance
Ohio has no stand-alone state version of the FCRA for employment screening. Instead, federal law sets the core consumer reporting rules.
Ohio statutes then add rules for public job applications, sealed records, driving data, application questions, and mandated checks. Use this table as a quick reference before you screen.
| Topic | Statute or Regulation | What It Does | Administered By |
|---|---|---|---|
| Consumer reports | Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. | Requires disclosure, written consent, and adverse action notices; no Ohio counterpart | CFPB and FTC |
| State criminal records checks | ORC 109.572 | Authorizes BCI fingerprint checks for mandated positions | Ohio Attorney General, Bureau of Criminal Investigation (BCI) |
| Public-sector ban the box | ORC 9.73 (HB 56, effective Mar. 23, 2016) | Bars criminal history questions on public job applications; no private-employer rule | Each state agency and political subdivision |
| Sealed and expunged records | ORC 2953.32 and 2953.34 | Limits questions to unsealed convictions; sealing by petition after six months to three years | Ohio courts; BCI updates the records |
| Certificate of Qualification for Employment | ORC 2953.25 | Grants negligent hiring immunity to employers who knew of the certificate | ODRC reviews; courts of common pleas issue |
| Lookback limits | FCRA § 605, 15 U.S.C. § 1681c | No Ohio cap; seven-year federal limit on non-convictions, lifted at $75,000 | CFPB and FTC |
| Employment credit reports | FCRA only | No Ohio restriction; FCRA consent and adverse action rules apply | CFPB and FTC |
| Salary history bans | Cincinnati Mun. Code ch. 804; Toledo Mun. Code ch. 768; Columbus City Code ch. 2335; Cleveland Cod. Ord. ch. 669 | Bars pay history questions for employers with 15+ local employees; Cleveland and Columbus add pay range postings | City commissions and boards |
| Marijuana and drug testing | ORC 3796.28 (as amended by SB 56, effective Mar. 20, 2026) | Preserves drug-free workplace, testing, and zero-tolerance policies | Division of Cannabis Control, Ohio Department of Commerce |
| Application questions | ORC 4112.02(E) | Bars pre-employment questions about race, color, religion, sex, military status, national origin, disability, age, or ancestry at employers with four or more employees | Ohio Civil Rights Commission |
| E-Verify for construction | ORC 4151.01–4151.07 (HB 246, effective Mar. 20, 2026) | Requires E-Verify for nonresidential construction hires; voluntary for other private employers | Ohio Attorney General |
| Social media passwords | No Ohio statute | No state rule; ORC 4112.02 discrimination limits still apply to anything you view | Ohio Civil Rights Commission |
| Driving records | ORC 4501.27 | Limits release of personal data in BMV records; mirrors the federal DPPA | Ohio BMV, Department of Public Safety |
How the FCRA Applies to Ohio Employers
The Fair Credit Reporting Act governs every background report you buy from a consumer reporting agency. Today, the Consumer Financial Protection Bureau and the Federal Trade Commission share enforcement.
The joint FTC and EEOC guide, Background Checks: What Employers Need to Know, summarizes your duties. Ohio adds no separate state disclosure form, so one FCRA-compliant process covers your Ohio hires.
Give a Stand-Alone Disclosure
Provide a clear written notice that you may obtain a background report. Keep it separate from the job application, with no liability waivers or extra terms.
Get Written Authorization
Obtain the applicant’s signed consent before you order any report. Electronic signatures work well here, and you certify your permissible purpose to your screening company.
Send a Pre-Adverse Action Notice
Share a copy of the report and the CFPB Summary of Rights. Then wait a reasonable time, five business days by common practice, before you decide.
Issue the Adverse Action Notice
Name the screening agency. State that it did not make the decision. Explain the applicant’s dispute rights and the right to a free copy within 60 days.
Ohio BCI and FBI Checks Under ORC 109.572
ORC 109.572 authorizes the Bureau of Criminal Investigation to run state criminal records checks. BCI operates within the Ohio Attorney General’s office.
Many statutes require these fingerprint checks for sensitive jobs. Applicants usually submit fingerprints electronically through an approved WebCheck vendor.
BCI can also add an FBI check when the law requires one. The Ohio Attorney General background check FAQs explain vendors, forms, and fingerprint options.
When no statute mandates a fingerprint check, a name-based search offers a faster option. For example, our Ohio real-time statewide criminal search helps you screen applicants quickly.
Pair it with county court searches for deeper coverage. Never replace a legally mandated BCI check with a commercial search, though.
How Far Back Can an Ohio Background Check Go?
Ohio has no state law that caps how far back a criminal background check may reach. Therefore, federal lookback rules control most employment reports.
Section 605 of the FCRA, codified at 15 U.S.C. § 1681c, sets those limits.
Federal non-conviction limit
Arrests, charges, civil suits, judgments, and other non-conviction records drop off after seven years (15 U.S.C. § 1681c(a)).
Convictions
Criminal convictions may appear on reports no matter how old they are under the federal rule (§ 1681c(a)(5)).
Federal salary exemption
The seven-year cap does not apply to jobs expected to pay $75,000 or more a year (§ 1681c(b)(3)).
Ohio sealed records
Sealed and expunged Ohio cases should never appear on an employment report, so ORC 2953.32 shortens the practical window.
Under ORC 2953.32, many people may petition to seal eligible records soon after final discharge. The wait runs from six months to three years, depending on the offense.
Meanwhile, several Ohio industry statutes set their own disqualifying offense lists and time periods.
The EEOC rescinded its 2012 guidance on arrest and conviction records on October 28, 2026. Title VII still bars using criminal history as a proxy for race or national origin, and the disparate-impact rule in 42 U.S.C. § 2000e-2(k) remains law. So keep weighing the nature of the offense, the time elapsed, and the duties of the job before you act on any record.
Sealed Records, Expungement, and the CQE in Ohio
Sealed, expunged and set-aside records
Ohio law protects people whose cases a court has sealed or expunged. Under ORC 2953.34(N)(2), employers may ask only about convictions that remain unsealed.
An exception applies when a question bears a direct and substantial relationship to the position. If you ask improperly, the applicant may answer as if the case never happened.
Moreover, you may not take adverse action based on that answer. In addition, you may not question applicants about expunged convictions at all.
Sealing and expungement happen by petition under ORC 2953.32. Ohio courts decide each application, and BCI then updates its criminal history files.
| Offense Level | Waiting Period Before Petition |
|---|---|
| Minor misdemeanors | Six months after final discharge |
| Most other misdemeanors; fourth- and fifth-degree felonies | One year after final discharge |
| Third-degree felonies | Three years after final discharge |
Arrests and non-convictions
Ohio sets no state restriction on arrest records beyond the federal rules. Under the FCRA, a screening company may not report arrests or other non-convictions older than seven years.
An arrest alone does not prove conduct. Consider the underlying conduct only when it is job-related and you have looked at the facts.
The Certificate of Qualification for Employment
The CQE helps qualified people with criminal records return to work. The Ohio Department of Rehabilitation and Correction reviews each petition.
Next, the county court of common pleas grants or denies it. Employers gain real protection too.
ORC 2953.25(G) grants immunity from negligent hiring claims when you knew of the certificate at the time of the alleged negligence. Consequently, a CQE supports a confident, well-documented hiring decision.
Employer Tip
Remove any application question that asks about “all arrests” or “any record.” Instead, ask only about unsealed convictions that relate to the job.
Ban the Box in Ohio: Public Employers Only
Ohio’s statewide ban-the-box law is ORC 9.73, created by House Bill 56. It took effect March 23, 2016.
The law bars public employers from asking about criminal history on job application forms. State agencies, counties, cities, and townships must comply.
However, a public employer may still run a background check later in the hiring process. The application may also note any law that disqualifies certain offenders from a position.
Ohio requires no individualized assessment, written notice, or waiting period before a criminal-history decision. Title VII still applies, so weigh the offense, the time passed, and the job duties.
Local fair-chance rules for government hiring
Many Ohio localities adopted similar policies for their own government jobs. Local examples include Akron, Alliance, Canton, Cincinnati, Cleveland, Dayton, Massillon, Newark, Warren, and Youngstown.
Cuyahoga, Franklin, Hamilton, Lucas, Stark, and Summit counties follow similar rules. None of these ordinances binds private employers.
Private employers and Senate Bill 143
Private employers face no statewide ban-the-box mandate today. Still, lawmakers keep trying.
Senate Bill 143 of the 136th General Assembly would extend the application ban to private employers. At our September 2026 review, the bill had not cleared its Senate committee.
Federal contractors follow a separate rule. The Fair Chance to Compete for Jobs Act bars criminal history questions before a conditional offer for positions under covered federal contracts (41 U.S.C. § 4714).
What an Ohio Job Application May Ask
Ohio regulates application questions directly. ORC 4112.02(E) makes it an unlawful discriminatory practice for an employer with four or more employees to elicit, or attempt to elicit, certain information before employment.
The protected items are race, color, religion, sex, military status, national origin, disability, age, and ancestry. You may not make or keep a record of them, and you may not use any application form that seeks them.
Two exceptions apply. A bona fide occupational qualification works only when the Ohio Civil Rights Commission certifies it in advance.
Also, an employer holding a federal contract with a nondiscrimination clause may require documentary proof of United States citizenship. It may also use photographic or fingerprint identification for security purposes. The Ohio Civil Rights Commission enforces the statute.
Federal law layers on the same rules at larger employers. The four cards below cover the questions that cause the most trouble, and what to ask instead.
Sex, marital status, religion and photographs
Title VII permits a question about sex only where sex is a bona fide occupational qualification (42 U.S.C. § 2000e-2(e)), which almost no position meets. The EEOC treats questions about sex, race, national origin, age and religion as evidence of intent to discriminate.
Questions about a spouse, children, childcare, pregnancy, church membership or religious holidays raise the same claim under Title VII and the Pregnancy Discrimination Act. The EEOC also says employers should not ask for a photograph before hire.
Ask instead: whether the applicant is available for the schedule, travel and overtime the job requires, asked of every applicant the same way. Request a photograph only after the offer, for an ID badge.
Date of birth and age
The ADEA protects applicants 40 and older at employers with 20 or more employees (29 U.S.C. §§ 623, 631). Under 29 C.F.R. § 1625.5, asking for a date of birth on the application is not itself a violation, but it is closely scrutinized because it deters older applicants. In Ohio, ORC 4112.02(E) bars the age question outright at four or more employees.
Your screening company needs the date of birth to match criminal and other records. Collect it on the FCRA authorization form or a separate identification form completed after the conditional offer, never on the application.
Ask instead: “Are you at least 18 [or 21] years old?” where the job has a legal minimum age, such as alcohol service or commercial driving.
Disability, health and workers’ compensation
The ADA prohibits disability-related inquiries and medical examinations before a conditional offer at employers with 15 or more employees (42 U.S.C. § 12112(d)(2)). Questions about health, medical history, prescription drugs, prior workers’ compensation claims or sick-leave use are all disability-related inquiries.
GINA separately bars requesting genetic information, including family medical history (42 U.S.C. § 2000ff-1(b)). Medical inquiries are permitted after the conditional offer only if required of every entering employee in the job category and kept in a separate confidential file.
Ask instead: describe the essential functions and ask whether the applicant can perform them with or without reasonable accommodation.
Citizenship, national origin and military discharge
The Immigration and Nationality Act bars citizenship-status discrimination at employers with four or more employees (8 U.S.C. § 1324b). The Department of Justice treats pre-hire questions about citizenship, birthplace, immigration status or a “green card” as evidence of discrimination.
USERRA bars discrimination because of uniformed service (38 U.S.C. § 4311), and ORC 4112.02(E) lists military status. Do not ask the type of military discharge on an application; ask about it only after the conditional offer where a law, license or contract requires it.
Ask instead: “Are you legally authorized to work in the United States?” and “Will you now or in the future require sponsorship for an employment visa?” Form I-9 and E-Verify begin only after the offer is accepted.
Collect race, ethnicity, sex and any veteran or disability status on a separate, voluntary self-identification form that states its purpose, offers a decline-to-answer option, and is kept where decision-makers cannot see it. Private employers with 100 or more employees file the EEO-1 report each year (29 C.F.R. § 1602.7).
Credit Reports, Salary History, Drug Testing and More
Ohio leaves most of these areas to federal law. Four cities, the marijuana statute, and the construction E-Verify mandate are the exceptions.
Employment credit reports
Ohio sets no specific limits on employment credit checks. Nevertheless, FCRA disclosure, consent, and adverse action rules still apply to every credit report you order.
Salary history and pay transparency
No statewide salary history ban exists. However, four cities bar employers with 15 or more local employees from asking about or relying on pay history.
| City | Ordinance | Effective | Key Requirements |
|---|---|---|---|
| Cincinnati | Cincinnati Mun. Code ch. 804 | Mar. 13, 2020 | No salary history questions; provide a pay scale on request after a conditional offer |
| Toledo | Toledo Mun. Code ch. 768 | June 25, 2020 | No salary history questions; provide a pay scale on request after a conditional offer |
| Columbus | Columbus City Code ch. 2335 | Mar. 1, 2024; amended Nov. 3, 2025 | No salary history questions, screening, or retaliation; salary range in postings enforced from Jan. 1, 2027 |
| Cleveland | Cleveland Cod. Ord. ch. 669 | Oct. 27, 2025 | No salary history questions; salary range required in every job posting |
Columbus allows discussion of salary expectations. It also exempts law-required inquiries, internal promotions or transfers, voluntary disclosure, background checks that incidentally reveal pay, rehires within three years, and collectively bargained positions.
See the Littler overview of the Columbus ordinance and the McDonald Hopkins overview of the Cleveland law for details.
Drug and marijuana testing
Ohio voters legalized adult-use marijuana in 2023. Even so, ORC 3796.28 preserves employer rights.
You may keep drug-free workplace, drug-testing, and zero-tolerance policies. You may also refuse to hire, discharge, or discipline a person because of marijuana use, possession, or distribution, including medical use.
A discharge for marijuana use that violates your policy is for just cause for unemployment purposes. Such action is not discrimination under ORC 4112.02.
Senate Bill 56, signed December 19, 2025 and effective March 20, 2026, repealed Chapter 3780 and moved the adult-use rules into Chapter 3796. It added no employee protections.
The Division of Cannabis Control oversees the state program. CDL and other DOT safety-sensitive roles still follow 49 C.F.R. Part 40 testing, which includes marijuana.
Motor vehicle records
Ohio protects personal data in motor vehicle records under ORC 4501.27. The statute mirrors the federal Driver’s Privacy Protection Act, 18 U.S.C. § 2721.
The Ohio Bureau of Motor Vehicles, part of the Department of Public Safety, administers it. Employers may obtain records for permitted purposes, such as verifying a commercial driver’s license holder.
Always collect FCRA consent first when a screening company pulls the record. An Ohio BMV driving record abstract covers three years of moving violations, crashes, and suspensions.
Motor carriers also follow FMCSA rule 49 CFR 391.23. That rule requires a three-year driving history from every state that licensed the driver.
BCS Background Screening LLC delivers fast Motor Vehicle Records for delivery, trucking, sales, and CDL positions.
E-Verify and Form I-9
Ohio’s E-Verify Workforce Integrity Act, ORC 4151.01–4151.07, took effect March 20, 2026. It covers nonresidential construction contractors, subcontractors, and labor brokers.
They must verify each employee hired for a nonresidential construction project through E-Verify. Covered projects include buildings, highways, bridges, utilities, and related infrastructure, but not residential or agricultural buildings.
They must also keep each verification for three years after hire or one year after separation, whichever is later. In addition, they may not keep an employee after a final nonconfirmation.
The attorney general enforces the law with civil penalties, and state agencies must require compliance in nonresidential construction contracts. However, Ohio sets no E-Verify mandate for other private employers.
E-Verify stays voluntary under federal law, except for federal contractors with the FAR E-Verify clause (48 C.F.R. 52.222-54). Every employer must still complete Form I-9: Section 1 by the first day of work and Section 2 within three business days.
Social media and passwords
Ohio has no statute that bars employers from requesting social media passwords. Anything you view online still falls under ORC 4112.02 and Title VII, so keep protected characteristics out of the decision.
Automated and AI hiring tools
Ohio has no law that regulates automated or AI hiring tools. Title VII, the ADA, and ORC 4112.02 still apply to any resume screen or ranking tool, so test each tool for disparate impact and keep a human on every rejection.
Ohio Industries With Mandatory Background Checks
Several Ohio statutes require BCI checks before hiring. Each one ties back to ORC 109.572, so review these cards to see whether your roles qualify.
Schools (ORC 3319.39)
School districts must check applicants for jobs involving the care, custody, or control of children. The BCI check runs by fingerprint, with an FBI check where required.
Foster Care and Adoption (ORC 2151.86)
Agencies must check foster caregivers, adoption applicants, and adults living in their homes before placement.
Hospice Care (ORC 3712.09)
Hospice care programs must check applicants for direct-care positions. Pair the BCI check with FACIS® exclusion screening for roles paid with federal healthcare funds.
Nursing Homes and Residential Care (ORC 3721.121)
Long-term care facilities must check applicants for direct-care positions. HHS-OIG exclusion screening applies before hire and monthly thereafter.
Developmental Disabilities (ORC 5123.081)
Developmental disabilities employers must check applicants before hiring, and registry checks accompany the BCI search.
Private Security (ORC 4749.03 and 4749.06)
Security guard companies and their employees need BCI checks for licensing and registration with the Ohio Department of Public Safety.
Commercial Drivers
CDL roles follow 49 C.F.R. Parts 40, 382, and 391: pre-employment DOT drug tests, Clearinghouse queries, and a three-year motor vehicle record from every licensing state.
Banks and Credit Unions
Section 19 of the Federal Deposit Insurance Act (12 U.S.C. § 1829) bars hiring anyone convicted of dishonesty, breach of trust, or money laundering without FDIC consent, subject to the Fair Hiring in Banking Act exceptions.
What Changed for Ohio Employers in 2026
Ohio enacted two hiring laws effective March 20, 2026, and two cities tightened pay rules in late 2025. The federal layer moved too: the EEOC rescinded its arrest and conviction guidance, DEA rescheduled medical marijuana, and OFCCP rescinded the EO 11246 rules.
E-Verify Workforce Integrity Act takes effect
HB 246 (136th G.A.), signed December 19, 2025, created ORC 4151.01–4151.07. Nonresidential construction contractors, subcontractors, and labor brokers must verify each employee hired for a nonresidential construction project through E-Verify.
Keep each verification for three years after hire or one year after separation, whichever is later. Do not keep an employee after a final nonconfirmation. The attorney general enforces with civil penalties, and state agencies must require compliance in their construction contracts.
What to do: enroll in E-Verify, run every new construction hire after Form I-9, and set a retention schedule. Other private employers remain voluntary.
Source: Ohio Rev. Code §§ 4151.01–4151.07 (HB 246). Read the law
SB 56 moves adult-use marijuana rules into Chapter 3796; employer rights unchanged
SB 56 (136th G.A.), signed December 19, 2025 and effective March 20, 2026, repealed Chapter 3780 and moved the adult-use rules into Chapter 3796. Former ORC 3780.35 is repealed, and ORC 3796.28 now covers both medical and adult-use marijuana.
The law added no employee protections. Employers may keep drug-free workplace, drug-testing, and zero-tolerance policies and may refuse to hire, discharge, or discipline for marijuana use, including medical use.
What to do: update policy citations from ORC 3780.35 to ORC 3796.28, and keep your testing panel as it is.
Source: Ohio Rev. Code § 3796.28 (SB 56). Read the law
Columbus adds pay transparency to its salary history ban
Ordinance 2898-2025 amended Columbus City Code ch. 2335 on November 3, 2025. Job postings must include a reasonable salary range or scale, with enforcement from January 1, 2027.
The salary history ban, in force since March 1, 2024, stays: no asking about, screening on, or relying solely on pay history, and no retaliation against an applicant who declines to disclose it.
What to do: add a salary range to every Columbus posting before January 1, 2027 and remove pay history fields from applications.
Source: Columbus City Code ch. 2335 (Ordinance 2898-2025). Read the ordinance
Cleveland salary history ban and pay range posting rule take effect
Cleveland Codified Ordinances ch. 669 took effect October 27, 2025. Employers with 15 or more employees in the city may not ask about or rely on salary history.
They must also include a salary range in every job posting.
What to do: strip salary history questions from Cleveland applications and interview scripts, and add a salary range to each posting.
Source: Cleveland Codified Ordinances ch. 669. Read the ordinance
EEOC rescinds its 2012 arrest and conviction guidance
The Commission voted October 28, 2026 to rescind its 2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records, effective immediately. The rescission does not revive the 1987 and 1990 policy statements the 2012 guidance had replaced.
The EEOC says employers need not abandon lawful practices adopted under the rescinded guidance, and it will keep enforcing Title VII. Disparate-impact claims under 42 U.S.C. § 2000e-2(k) remain available to private plaintiffs and under state law, including ORC 4112.02.
What to do: keep the individualized assessment and the written job-related criteria; they come from the courts (Green v. Missouri Pacific) and from state and local fair-chance laws, not from the rescinded guidance.
Source: EEOC press release, Oct. 29, 2026. Read the release
Medical marijuana moved to Schedule III; DOT testing is unchanged
DEA’s final rule of April 28, 2026 moved FDA-approved marijuana drug products and marijuana dispensed under state medical-marijuana licenses to Schedule III (91 FR, Doc. 2026-08176). All other marijuana remains Schedule I.
DOT testing is unchanged: 49 C.F.R. Part 40 still tests for marijuana. DOT’s Office of Drug and Alcohol Policy and Compliance stated in May 2026 that state medical-marijuana use is not a “legitimate medical explanation” for a positive result (49 C.F.R. § 40.137).
What to do: keep your DOT panel and Clearinghouse queries as they are, and remember that ORC 3796.28 gives Ohio medical marijuana patients no employment protection.
Source: DEA final rule, Apr. 28, 2026; 49 C.F.R. Part 40. Read DOT’s guidance
OFCCP’s EO 11246 regulations are rescinded; Section 503 and VEVRAA remain
Executive Order 11246 was revoked by Executive Order 14173 (Jan. 21, 2025), and OFCCP rescinded its implementing regulations at 41 C.F.R. parts 60-1 through 60-50 by final rule published August 21, 2026. The FAR overhaul likewise removed subpart 22.8 and clauses 52.222-21 through 52.222-29.
Race- and sex-based affirmative-action plan and related recordkeeping duties under EO 11246 no longer apply. Title VII, Section 503 of the Rehabilitation Act and VEVRAA nondiscrimination, affirmative-action and recordkeeping obligations for covered contractors remain.
What to do: keep Section 503 and VEVRAA plans current, follow the EEOC’s EEO-1 instruction booklet for reporting, and keep the Fair Chance to Compete for Jobs Act timing rule on covered federal contracts.
Source: Executive Order 14173; OFCCP final rule, Aug. 21, 2026 (41 C.F.R. parts 60-1 to 60-50). Read OFCCP’s notice
Ohio Employment Screening Services
BCS Background Screening LLC offers FCRA-compliant searches built for Ohio employers, with no setup fee and per-search pricing.
Ohio Statewide Criminal Search
Real-time statewide criminal records for fast pre-hire decisions when no statute mandates a BCI fingerprint check.
County Criminal Court Search
Direct searches of Ohio county courts for the most complete results, $18 plus any court fees.
Federal Criminal Search
Federal district court records for fraud, tax, and interstate offenses that never appear in county files.
Nationwide Background Check
SSN trace, national criminal database, sex offender registry, and watchlists in one package.
Motor Vehicle Records
Ohio BMV driving histories for delivery, trucking, sales, and CDL positions.
SSN Trace and Address History
Reported address history that points criminal searches at the right Ohio counties.
FACIS® Healthcare Sanctions
Pair the ORC 109.572 BCI check with FACIS® exclusion and sanction screening, including the HHS-OIG list, for hospice, nursing home, and direct-care staff.
Mobile Applicant Screening
Applicants e-sign FCRA disclosures and enter their own data from any phone.
Access to SSN Trace functionality is restricted at initial registration. This feature cannot be accessed at initial signup until your organization’s business use case is verified.
Ohio Employer Compliance Checklist
Use this checklist to keep every Ohio hire compliant and consistent.
- Confirm whether a statute requires a BCI or FBI fingerprint check under ORC 109.572.
- Remove criminal history questions from public-sector applications under ORC 9.73.
- Remove questions about race, color, religion, sex, military status, national origin, disability, age, and ancestry from the application, as ORC 4112.02(E) requires at four or more employees.
- Collect the date of birth on the FCRA authorization or an identification form after the conditional offer, never on the application.
- Ask only about unsealed convictions that relate to the job, per ORC 2953.34.
- Give a stand-alone FCRA disclosure and collect written authorization.
- Apply the seven-year non-conviction limit unless the job pays $75,000 or more.
- Pull motor vehicle records for driving roles and follow 49 CFR 391.23 for CDL drivers.
- Drop salary history questions and post pay ranges where Cincinnati, Toledo, Columbus, or Cleveland rules apply; enroll in E-Verify for nonresidential construction hires.
- Complete an individualized assessment before rejecting anyone for a record, then send pre-adverse and adverse action notices and keep records of each step.
Ohio Employment Screening Law FAQs
Employers ask these questions most often about Ohio background checks.
Does Ohio have its own version of the federal Fair Credit Reporting Act?
No. Ohio has not enacted a stand-alone consumer reporting law for employment screening. Instead, Ohio employers follow the federal Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.
The law requires a stand-alone disclosure, written authorization, and pre-adverse and adverse action notices. The Consumer Financial Protection Bureau and the Federal Trade Commission administer and enforce it.
Ohio still layers on state rules, such as ORC 4112.02, which the Ohio Civil Rights Commission enforces.
What Ohio law governs criminal background checks for employment?
Ohio Revised Code 109.572 governs state criminal records checks. It authorizes the Bureau of Criminal Investigation to search Ohio criminal history files by fingerprint.
BCI operates within the Ohio Attorney General’s office. Many industries, including schools, nursing homes, and child care, must use these checks.
BCI can add an FBI check when federal or state law requires one.
Does Ohio have a ban-the-box law for private employers?
No. Ohio’s ban-the-box law, ORC 9.73, applies only to public employers. It bars criminal history questions on public job applications and took effect March 23, 2016.
Each state agency and political subdivision must follow it. Local ordinances in cities such as Cleveland and Cincinnati also cover public jobs only.
Senate Bill 143 would extend the rule to private employers, but it has not passed.
What may an Ohio employer ask on a job application?
ORC 4112.02(E) bars employers with four or more employees from eliciting, before employment, any information about race, color, religion, sex, military status, national origin, disability, age, or ancestry. The Ohio Civil Rights Commission enforces it.
Exceptions cover a bona fide occupational qualification the Commission certifies in advance, and federal contractors that must verify citizenship or use photo or fingerprint identification for security.
Ask instead about availability, work authorization, and job skills. Collect the date of birth on the FCRA authorization after the conditional offer, never on the application.
Can Ohio employers ask applicants about sealed or expunged records?
Generally, no. ORC 2953.34 lets employers ask only about convictions that remain unsealed. An exception applies when a question has a direct and substantial relationship to the position.
Applicants may answer improper questions as if the sealed case never occurred, and expunged convictions may not be asked about at all.
Ohio courts grant sealing and expungement by petition under ORC 2953.32, and BCI updates its records.
How far back can a criminal background check go in Ohio?
Ohio has no state lookback limit, so the federal FCRA applies. Under 15 U.S.C. § 1681c, non-conviction records drop off after seven years.
Convictions can appear without a time limit. The seven-year cap does not apply to jobs paying $75,000 or more.
Also, sealed records under ORC 2953.32 should not appear at all. The CFPB and FTC enforce these reporting limits.
What law governs driving record checks for Ohio employers?
ORC 4501.27 governs access to personal information in Ohio motor vehicle records. It mirrors the federal Driver’s Privacy Protection Act, 18 U.S.C. § 2721.
The Ohio Bureau of Motor Vehicles, within the Department of Public Safety, administers it. Employers may verify commercial driver’s license holders under this law.
Motor carriers must also obtain a three-year driving history under 49 CFR 391.23.
Are Ohio employers protected when they hire someone with a criminal record?
Yes, in some cases. ORC 2953.25 created the Certificate of Qualification for Employment.
The certificate gives employers immunity from negligent hiring claims when they knew of it at the time of the alleged negligence.
The Ohio Department of Rehabilitation and Correction reviews petitions. A county court of common pleas then decides whether to issue the certificate.
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This page provides general information about Ohio background check laws, not legal advice. Laws change often, so consult an employment attorney before you finalize a screening policy. Revised October 29, 2026.