Ohio
Arrest and Conviction Records
Overview
Employers can't ask employees and applicants about certain sealed or expunged criminal records, unless these inquiries are directly and substantially related to positions for which they are being considered. Employers can request state criminal background checks through the Ohio attorney general's Bureau of Criminal Identification and Investigation. Employers aren't liable for negligent hiring or retention under certain conditions.
Coverage
Public and private employers are covered by the arrest and conviction record provisions.
This summary is restricted to general coverage of laws and regulations affecting private employers' access to and use of criminal records. It doesn't include occupation- and industry-specific legal requirements or other laws and regulations mandating state or national criminal records checks for certain types of employment.
Pre-Employment Inquiries
Employers can't ask applicants in job applications or other pre-employment inquiries about their sealed conviction records or certain sealed or expunged bail forfeiture records, unless these inquiries are directly and substantially related to positions for which they are being considered. Employers also can't make these inquires about certain expunged conviction records related to firearms and human trafficking, and applicants legally can deny that such records exist.
Criminal Background Checking Requirements
Criminal Records Access
Employers can request state criminal background checks through the Ohio attorney general's Bureau of Criminal Identification and Investigation.
Types of information available: Employers can obtain information on:
• adult criminal convictions or guilty pleas for felonies and certain misdemeanors;
• adult arrests that haven't resulted in convictions if the arrests were made out-of-state;
• adult arrests that haven't resulted in convictions if related criminal actions are pending and the bureau confirms that these actions are unresolved when it conducts criminal background checks;
• adult arrests that haven't resulted in convictions if the arrests occurred within the past year and the bureau can't reasonably determine whether related criminal actions are pending;
• certain juvenile adjudications within the past five years for acts that would be felonies if committed by adults, unless records of these adjudications are sealed or expunged;
• certain juvenile convictions or guilty pleas for felonies or violent offenses; and
• well-known and habitual criminals.
Sealed or expunged records: Employers can't obtain sealed conviction records, certain sealed or expunged bail forfeiture records or certain expunged conviction records related to firearms and human trafficking. Proceedings related to these sealed conviction and bail forfeiture records are considered as not having occurred.
Employers can't ask employees and applicants about their sealed conviction records or about certain sealed or expunged bail forfeiture records, unless these inquiries are directly and substantially related to positions for which they are being considered. Employers also can't make these inquires about certain expunged conviction records related to firearms and human trafficking, and employees and applicants legally can deny that such records exist.
Conditions for Obtaining Criminal Records
Employers seeking criminal records information must submit requests that identify employees' and applicants' complete name, current address, date of birth, Social Security number, height, weight, sex, race and nationality. Requests also must include a complete set of employees' and applicants' fingerprints, their signed consent and a check, money order or electronic payment for required fees.
Employers can submit such requests by mail or electronically in a format approved by the Ohio attorney general's Bureau of Criminal Identification and Investigation.
Fingerprint requirements: Employers must include a complete set of employees' and applicants' fingerprints with criminal background check requests.
Confidentiality Protections
Employers must treat employees' and applicants' criminal records information as confidential and can't release or disseminate such information.
Employer Liability
Certain ex-offenders can file a petition with the Ohio Department of Rehabilitation and Correction for a certificate of qualification for employment. This certificate can be issued to persons who are legally subject to any employment-related penalty, disability or disadvantage in Ohio because of their felony or misdemeanor convictions or guilty pleas; it is revoked if they are convicted of or plead guilty to a felony after their certificate is issued. The certificate lifts any automatic bar to employment and permits employers to consider, on a case-by-case basis, whether to employ such ex-offenders; however, employers that intend to rely on the certificate should first investigate the ex-offenders' current criminal history.
Negligent hiring or retention: Employers aren't liable for any negligent hiring claims regarding employees who have a certificate of qualification for employment if employers knew about this certificate when the alleged negligence occurred.
Employers can use these certificates to defend against allegations of negligence or other fault in court or administrative proceedings. Specifically, employers can use the certificates as evidence of their due care in hiring or retaining employees who have the certificate if employers knew about the certificate when the alleged negligence or other fault occurred.
Employers that hire employees who have a certificate of qualification for employment can be liable in lawsuits based on or related to retaining these employees only if:
• they demonstrate danger or are convicted of or plead guilty to a felony after being hired;
• employers retain them as employees after this demonstration, conviction or guilty plea;
• the person with hiring and firing responsibility had actual knowledge of this demonstration, conviction or guilty plea; and
• the person with hiring and firing responsibility willfully retained them as employees despite having this actual knowledge.
Administration/Enforcement
The Ohio attorney general's office administers the criminal background checking requirements. The Ohio Department of Rehabilitation and Correction's Division of Parole and Community Services administers the employer liability provisions.
Reference Citations
Coverage: Ohio Rev. Code Ann. §2953.25
Ohio Admin. Code §109:5-1-01
Pre-Employment Inquiries: Ohio Rev. Code Ann. §§2953.31, 2953.33, 2953.37 to 2953.38
Criminal Background Checking Requirements: Ohio Rev. Code Ann. §§109.57, 2953.32, 2953.37 to 2953.38, 2953.53
Ohio Admin. Code §109:5-1-01
Employer Liability: Ohio Rev. Code Ann. §2953.25
Ohio Admin. Code §5120-15-01
Administration/Enforcement: Ohio Rev. Code Ann. §§109.57, 2953.25
Web References
Ohio Laws:
Ohio Regulations:
Ohio Attorney General, Bureau of Criminal Identification and Investigation:
Ohio Department of Rehabilitation and Correction, Division of Parole and Community Services:
Related Information
A federal Equal Employment Opportunity Commission enforcement guidance advises that state and local laws and regulations on employers' use of criminal records can be preempted by federal law; specifically, Title VII of the federal Civil Rights Act of 1964 can preempt state and local laws and regulations if they require or permit acts that would be unlawful employment practices under Title VII.
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Created: July 2017