Ohio employers run background checks inside two layers of rules. The federal Fair Credit Reporting Act sets the baseline for any employer that uses a third party consumer reporting agency, and Ohio law adds its own requirements on top, including a ban the box rule for public employers, a sealed records statute that limits what can be disclosed, and mandatory fingerprint checks for several licensed and regulated jobs. This guide walks through each layer so a hiring team knows what it can ask, what it can use, and what it has to report.
The federal floor: FCRA disclosure, authorization and adverse action
Before an Ohio employer orders a criminal history, employment, or credit background check through a consumer reporting agency, the Fair Credit Reporting Act requires a standalone written disclosure that the employer may obtain a consumer report for employment purposes, and the applicant’s written authorization. The disclosure document has to consist solely of the disclosure, not be buried in an application packet. These requirements come from 15 U.S.C. 1681b(b)(2), the permissible purpose and procurement section of the FCRA.
If the information in the report leads an employer toward a decision not to hire, promote, or retain someone, the same statute requires a pre-adverse action notice with a copy of the report and a summary of rights before the employer acts, followed by an adverse action notice once the decision is final. Skipping either step, or acting on the report before the applicant has a chance to respond, is a common and avoidable compliance failure.
What the FCRA says about how far back a report can go
Under 15 U.S.C. 1681c, civil suits, civil judgments, and arrest records that are not followed by a conviction generally cannot be reported if they are more than seven years old. Records of actual convictions are carved out of that limit, meaning federal law does not impose a reporting age cap on convictions themselves. Ohio does not layer a separate statewide time limit for private employer background checks on top of this, so the practical result is that federal law, not a seven year Ohio rule, governs how old information can be before a general consumer reporting agency has to drop it. Employers should not assume every seven year old arrest or every old conviction will or will not appear. It depends on the record type and the reporting agency’s own compliance practices.
Ohio’s ban the box rule: public employers only
Ohio enacted a ban the box law through House Bill 56, codified at Ohio Revised Code 9.73. The statute states that no public employer may include on any employment application a question concerning the criminal background of the applicant. This applies to the state and to political subdivisions such as counties, townships, and municipalities. It does not apply to private sector employers, who remain free to ask about criminal history on an application, subject to the same federal nondiscrimination principles discussed below. Public employers may still tell applicants, elsewhere on the form, that certain convictions will disqualify them from a specific position under state or federal law.
Sealed and expunged records: what an employer can see
Ohio allows many convictions to be sealed under Ohio Revised Code 2953.32. Waiting periods before a person can apply to seal a record vary by offense level, generally running from six months after final discharge for a minor misdemeanor up to three years for some higher level felonies, and certain offenses, including most first and second degree felonies and sex offenses requiring registration, cannot be sealed at all. Once a court seals a record, the law treats the underlying conviction or arrest as if it had not occurred, and the person may lawfully state that it did not happen. A sealed record generally will not surface on a standard background check obtained from a commercial consumer reporting agency. The Bureau of Criminal Identification and Investigation retains a narrow set of records even after sealing or expungement, but only for law enforcement employment screening, not for general hiring. Employers should never treat a candidate’s silence about a sealed matter as a misrepresentation, and should not ask an applicant to disclose a record the applicant is legally entitled to treat as nonexistent.
Fingerprint based BCI and FBI checks for regulated jobs
Outside the general hiring context, Ohio requires fingerprint based criminal records checks through the state Bureau of Criminal Identification and Investigation, often paired with an FBI check, for a defined list of positions. School districts and chartered nonpublic schools must request a BCI and FBI records check on an applicant under final consideration before employment, under Ohio Revised Code 3319.39. Child care centers and licensed homes must run criminal records checks, including an FBI fingerprint check, a check of the state’s child abuse and neglect registry, and a sex offender registry check, on staff and applicants under Ohio Revised Code 5104.013. Providers of community based long term care services must screen applicants and employees in direct care positions against disqualifying offense databases and complete fingerprinting under Ohio Revised Code 173.38. These checks are submitted electronically through the Attorney General’s WebCheck program, which the Ohio Attorney General’s BCI WebCheck page describes as the standard channel for the roughly one million background checks the bureau processes each year. Fingerprints generally must go through WebCheck or an approved card scan unless a narrow exemption applies.
Credit history checks
Ohio has not enacted a statewide law that limits a private employer’s ability to request a credit report for employment purposes the way some other states have. That means the FCRA’s disclosure and authorization rules described above are the primary legal guardrail for credit based background checks on Ohio candidates, along with the general requirement that any adverse decision follow the pre-adverse and adverse action process. Employers that want to use credit history as part of a hiring decision should document a job related reason for doing so and apply the same criteria consistently across candidates.
Using criminal history without violating nondiscrimination law
Ohio does not have its own equivalent to a statewide fair chance hiring law for private employers, so federal nondiscrimination principles carry more of the weight here than in some other states. Title VII of the Civil Rights Act prohibits employment practices, including criminal history screening policies, that have a disparate impact on a protected class and are not job related and consistent with business necessity. The Equal Employment Opportunity Commission voted in October 2026 to rescind its 2012 enforcement guidance on the use of arrest and conviction records, but the commission was explicit that the underlying Title VII protections against race and national origin discrimination, including practices that function as a proxy for intentional discrimination, remain in force. See the EEOC’s announcement on the rescission. In practice this means a blanket policy that automatically excludes every applicant with any criminal record, regardless of the job or how long ago the offense occurred, still carries legal risk even without the older guidance document in place. An individualized review of the offense, its relevance to the job, and the time that has passed remains the lower risk approach, and employers with specific policy questions should talk to counsel rather than rely on a blog post.
What typically can and cannot be reported
| Item | Can it generally be reported in Ohio | Governing rule |
|---|---|---|
| Felony and misdemeanor convictions, not sealed | Yes, no federal age limit applies to convictions | 15 U.S.C. 1681c(a)(5) |
| Sealed or expunged convictions | No, treated as not having occurred | Ohio Revised Code 2953.32 |
| Arrests not resulting in conviction, over seven years old | Generally no | 15 U.S.C. 1681c(a)(2) |
| Criminal history question on a public employer’s initial application | No, prohibited | Ohio Revised Code 9.73 |
| Criminal history question on a private employer’s initial application | Yes, no state ban the box rule applies | No Ohio statute restricts this for private employers |
| BCI and FBI fingerprint check for school, child care, or direct care long term care staff | Required, not optional | Ohio Revised Code 3319.39, 5104.013, 173.38 |
| Credit report for employment | Yes, with FCRA disclosure and authorization | 15 U.S.C. 1681b(b)(2) |
A practical compliance checklist
Before running a background check in Ohio, confirm the applicant received a standalone disclosure and signed an authorization, confirm whether the role falls into a category that requires a BCI or FBI fingerprint check rather than a standard commercial report, remove any criminal history question from the initial application if the employer is a public entity, and never ask an applicant to explain a record that has been sealed. If a report comes back with information that could lead to an adverse decision, send the pre-adverse action notice with the report and summary of rights, give the applicant a reasonable chance to respond, and only then finalize the adverse action notice if the decision stands.
For employers building or reviewing a screening program, a background check partner that understands both the FCRA process and Ohio specific wrinkles like sealed records and sector specific fingerprinting can reduce the chance of a compliance misstep. Reveal Background works with employers to structure FCRA compliant screening programs.
Two related reads: Sealed vs Expunged Records: What Each Hides From a Background Check explains the practical difference between the two outcomes in more depth, and Ban the Box and Fair Chance Hiring Laws: An Employer Guide covers how other states have gone further than Ohio’s public sector only approach.
Frequently asked questions
Does Ohio have a ban the box law for private employers?
No. Ohio Revised Code 9.73 prohibits criminal history questions on an initial application only for public employers, meaning the state and political subdivisions. Private employers in Ohio may ask about criminal history on an application, subject to federal nondiscrimination principles.
Can an Ohio employer see a sealed conviction on a background check?
Generally no. Once a court seals a record under Ohio Revised Code 2953.32, the law treats it as if the underlying event did not occur, and it should not appear on a standard background check from a commercial consumer reporting agency.
Which jobs in Ohio require a fingerprint based BCI check instead of a standard background check?
School district and chartered nonpublic school employees, child care center and licensed home staff, and direct care employees of community based long term care providers are among the roles where Ohio law requires a fingerprint based BCI check, often paired with an FBI check, rather than relying only on a standard commercial report.
How far back can a background check go in Ohio?
Ohio does not set its own separate lookback period for private employer screening, so the federal FCRA rule applies. Civil judgments and arrests not leading to conviction generally cannot be reported after seven years, but federal law does not cap how far back an actual conviction can be reported.
Does Ohio restrict the use of credit reports in hiring decisions?
Ohio has not passed a statewide law limiting private employer use of credit reports for hiring. The FCRA’s disclosure and authorization requirements still apply whenever a third party consumer report, including a credit based report, is used for employment purposes.
Is the EEOC’s 2012 guidance on criminal records still in effect?
The EEOC voted to rescind that specific enforcement guidance in October 2026. The commission stated that Title VII’s protections against discrimination, including policies that function as a proxy for intentional discrimination based on race or national origin, remain in force independent of the rescinded guidance document.
This article is general information, not legal advice. Employers should consult qualified counsel about how these laws apply to their specific hiring practices.
