Ohio Background Check Laws (2026 Guide)

Ohio background check law combines the federal Fair Credit Reporting Act (FCRA) with state statutes including ORC 9.73 and ORC Chapter 2953. Public employers cannot ask about criminal history on job applications, criminal convictions have no reporting time limit, and Senate Bill 288 created true expungement effective April 4, 2023.

Ohio has a layered system of background check laws that draws from state statutes, federal requirements, and local ordinances. Whether you are an employer screening job applicants, a landlord evaluating tenants, or an individual wondering what shows up on your record, understanding these overlapping rules is essential.

This guide covers Ohio's key background check laws, including Ban the Box, expungement and sealing under ORC Chapter 2953, FCRA compliance, lookback periods, and the rules for employment, housing, and professional licensing checks.

Ohio Ban the Box Law (ORC 9.73)

Ohio's Ban the Box statute is found in Ohio Revised Code Section 9.73. The law prohibits public employers from including any question about criminal background on job application forms.

The purpose of the law is to delay criminal history inquiries until later in the hiring process. Applicants are still screened for prior felonies, but that screening happens after the initial application review rather than on the application itself.

What ORC 9.73 Does and Does Not Cover

The state-level Ban the Box law applies only to public employers, defined under ORC 9.73 as state agencies and political subdivisions such as counties, townships, and municipal corporations. Private employers are not covered by the state statute.

However, public employers may include a statement on job applications notifying applicants about any provision of Ohio law or federal law that disqualifies individuals with specific criminal histories from particular positions. For example, if a state law bars people with certain felony convictions from working in a licensed care facility, the application can note that requirement.

Local Ban the Box Ordinances for Private Employers

Several Ohio municipalities have enacted their own Ban the Box ordinances that extend protections to private-sector job applicants. Key cities with local requirements include:

• Cincinnati has one of the most comprehensive local ordinances. Since 2010, private employers in Cincinnati cannot ask about criminal history on initial applications. Background checks may only be conducted on otherwise qualified applicants. The city also requires employers to consider whether the offense directly relates to job responsibilities, the applicant's age at the time of the offense, and any evidence of rehabilitation.

• Cleveland requires private employers to delay criminal history questions until after a conditional offer of employment has been made.

• Akron and Dayton also enforce local ordinances requiring private employers to delay criminal history inquiries during the initial application stage.

• Columbus applies Ban the Box to public employers only. While many private employers in Columbus voluntarily follow fair-chance hiring practices, there is no local ordinance requiring it for the private sector.

• Cuyahoga County, Hamilton County, and Summit County have also adopted Ban the Box policies at the county level.

If you are an employer operating in multiple Ohio cities, you should review each municipality's specific requirements, as they vary in scope and enforcement.

Ohio Expungement and Record Sealing (ORC Chapter 2953)

Ohio law distinguishes between record sealing and expungement. Understanding the difference matters because the two processes produce different outcomes.

Sealing vs. Expungement

Record sealing removes the criminal record from public access. Background checks run by employers, landlords, and the general public will not show sealed records. However, the government retains the sealed record, and certain entities such as law enforcement agencies, licensing boards, and courts can still access it for limited purposes.

Expungement goes further. Under Ohio law, expungement means the record is permanently deleted, destroyed, and made irretrievable. Once a record is expunged, it no longer exists in any accessible form.

Senate Bill 288, which took effect on April 4, 2023, created Ohio's first true expungement process. Before SB 288, Ohio only offered record sealing. Now, individuals can apply for either sealing or expungement, depending on the offense and the applicable waiting period.

Waiting Periods for Record Sealing (ORC 2953.32)

Under ORC Section 2953.32, the waiting period to apply for record sealing depends on the type and number of offenses. All waiting periods begin after the individual's "final discharge," which means completing all aspects of the sentence, including incarceration, parole, probation, and payment of all fines and restitution.

Certain third-degree felony offenders with more than one other felony conviction (under ORC 2953.32(A)(1)(h)) are permanently excluded from sealing rather than subject to an additional waiting period.

Waiting Periods for Expungement

Expungement has its own eligibility clock, separate from sealing. For misdemeanors and minor misdemeanors, the waiting period runs from the offender's final discharge, the same anchor point used for sealing. For felonies, the waiting period runs from the date sealing eligibility begins, not from the date a record was actually sealed. The waiting periods are:

• Minor misdemeanors: 6 months after final discharge
• Misdemeanors: 1 year after final discharge
• Felonies: 10 years after the date sealing eligibility begins

How to Apply for Sealing or Expungement

The application is filed with the sentencing court. Under SB 288, applicants may request sealing or expungement of multiple cases in a single application. The filing fee is $50, plus a potential additional local court fee of up to $50. Applicants who can demonstrate indigency by filing a poverty affidavit may have the fees waived.

The court reviews the application and considers factors including the nature of the offense, the applicant's rehabilitation, and any objections from the prosecutor. If the court grants the application, all official records of the case are sealed or expunged according to the request.

Offenses That Cannot Be Sealed or Expunged

ORC Section 2953.32 lists the categories of convictions that are permanently ineligible for sealing or expungement:

• First-degree and second-degree felonies
• Rape, sexual battery, and other sexually oriented offenses when the applicant is subject to sex offender registry requirements
• Felony offenses of violence that are not sexually oriented offenses
• Offenses where the victim was under 13 years old, except convictions under ORC 2919.21
• Domestic violence convictions under ORC 2919.25 that are misdemeanors of the first or second degree (third-degree and fourth-degree misdemeanor domestic violence remains eligible for sealing, but not for expungement)
• Most traffic offenses
• Third-degree felonies when the applicant has more than one other felony conviction

Violations of protection orders (ORC 2919.27) are treated differently: they are eligible for sealing but not for expungement, the same limited carve-out given to certain domestic-violence misdemeanors.

SB 288 Key Changes (Effective April 4, 2023)

Senate Bill 288 made several significant changes to Ohio's record-clearing laws:

• Created true expungement (permanent record destruction) as an option beyond sealing
• Removed the "eligible offender" analysis, so eligibility now depends only on the type of offense rather than a two-part test
• Authorized prosecutor-initiated sealing, allowing prosecutors to file motions to seal records on behalf of individuals
• Allowed multiple cases to be addressed in a single application
• Expanded sealing eligibility to additional categories of felonies

Lookback Periods in Ohio

Ohio does not have a state law that limits how far back employers can look when reviewing criminal history. The primary restrictions come from the federal Fair Credit Reporting Act (FCRA).

FCRA Seven-Year Rule

When an employer uses a third-party consumer reporting agency (CRA) to conduct a background check, the FCRA restricts what the CRA can report:

• Arrests not leading to conviction cannot be reported if older than seven years
• Civil judgments cannot be reported if older than seven years
• Tax liens cannot be reported if older than seven years
• Collection accounts cannot be reported if older than seven years
• Bankruptcies cannot be reported after 10 years from the date of adjudication, regardless of chapter; the FCRA does not distinguish Chapter 7 from Chapter 13

Criminal Convictions Have No Time Limit

Under the FCRA, criminal convictions can be reported indefinitely. There is no seven-year restriction on reporting felony or misdemeanor convictions. This means a conviction from 20 or 30 years ago may still appear on a background check conducted through a CRA, unless the record has been sealed or expunged under Ohio law.

The $75,000 Exception

The FCRA seven-year restrictions on non-conviction records do not apply at all when the position pays an annual salary of $75,000 or more. For higher-paying positions, CRAs may report arrests, civil suits, and other negative items regardless of age.

FCRA Requirements for Ohio Employers

Any Ohio employer that uses a third-party CRA to run background checks must comply with the federal FCRA. The key requirements include:

Before Running the Check

• Provide the applicant with a clear, standalone written disclosure that a background check will be conducted
• Obtain the applicant's written consent before ordering the report
• These steps must happen before the background check is initiated

The Adverse Action Process

If an employer decides not to hire someone (or to terminate, demote, or take other negative action) based in whole or in part on background check results, the employer must follow a two-step adverse action process:

Step 1: Pre-Adverse Action Notice. Before making the final decision, the employer must provide the applicant with:

• A copy of the background check report
• A copy of "A Summary of Your Rights Under the Fair Credit Reporting Act" (provided by the FTC/CFPB)
• A written notice that the employer is considering adverse action based on the report

Step 2: Waiting Period and Final Notice. The employer must wait a reasonable period (generally at least five business days) to give the applicant time to review the report and dispute any inaccuracies. After the waiting period, if the employer proceeds with the adverse action, the employer must send a final adverse action notice that includes:

• The name, address, and phone number of the CRA that provided the report
• A statement that the CRA did not make the employment decision
• Notice of the applicant's right to dispute the accuracy of the report
• Notice of the applicant's right to obtain a free copy of the report within 60 days

Failure to follow these steps can result in lawsuits under the FCRA, with potential damages including statutory damages of $100 to $1,000 per violation, actual damages, and attorney fees.

Employment Background Checks in Ohio

What Employers Can Check

Ohio employers may check:

• Criminal history (felonies and misdemeanors)
• Employment verification (prior jobs, dates, and positions)
• Education verification
• Professional license status
• Motor vehicle records (for driving-related positions)
• Credit history (subject to restrictions)
• Drug test results
• Sex offender registry status

BCI Background Checks Through WebCheck

Many Ohio employers are required by law to conduct fingerprint-based background checks through the Ohio Bureau of Criminal Investigation (BCI), which operates under the Ohio Attorney General's office.

The BCI uses the WebCheck electronic fingerprinting system. Applicants visit a WebCheck vendor location, where their fingerprints are captured electronically and transmitted to BCI for comparison against the state criminal fingerprint database. Employers can also request an FBI check through the same process to search the national criminal database.

Key details about BCI/WebCheck checks:

• Cost: $22 per BCI check (vendors may charge additional fees)
• Processing time: BCI has up to 30 days by law, though most checks are returned faster. Checks may take longer if the individual has a criminal history, poor fingerprint quality, or sealed records.
• FBI checks: Available for an additional fee when a broader national search is required
• Vendor locations: A list of WebCheck vendors is available on the Ohio Attorney General's website

Industries Requiring Background Checks

Ohio law mandates background checks for employment in certain fields, including:

• Education (teachers and school employees under ORC 3319.39)
• Healthcare and nursing facilities
• Childcare and foster care providers
• Home health aides and personal care workers
• Law enforcement
• Licensed security personnel
• Certain state agency positions

Housing Background Checks in Ohio

Ohio landlords may conduct background checks on prospective tenants, including criminal history checks, credit checks, eviction history, and rental history. However, there are important limitations.

Fair Housing Restrictions

Under federal fair housing law and HUD guidance, landlords cannot implement blanket policies that automatically deny any applicant with a criminal record. Instead, landlords must conduct an individualized assessment that considers:

• The nature and severity of the offense
• How much time has passed since the offense
• The relationship between the offense and potential risks to the property or other tenants
• Evidence of rehabilitation

Blanket criminal record bans can have a discriminatory impact on protected classes and may violate the Fair Housing Act.

What Landlords Can Screen For

• Criminal convictions (subject to individualized assessment)
• Sex offender registry status
• Eviction history
• Credit history and score
• Rental payment history
• Income verification

Tenant Consent Required

Before running any background check, the landlord must obtain signed written consent from the prospective tenant. All screening must comply with the FCRA if conducted through a third-party CRA.

Professional and Occupational Licensing Checks

Ohio has specific laws governing background checks for professional and occupational licensing under ORC Chapter 4776.

Fingerprint-Based Checks for Licensure

Applicants for professional licenses in Ohio are generally required to submit to a fingerprint-based criminal records check through BCI. The superintendent of the Bureau of Criminal Investigation conducts the check and reports results directly to the licensing agency.

Each licensing board adopts its own rules under ORC Chapter 119 establishing the specific administrative procedures for background checks in that profession.

Disqualifying Offenses: the "Direct Nexus" Standard and the General Rule

ORC 4776.10 defines a "disqualifying offense" as a felony with a "direct nexus" to the individual's field of licensure, but this definition applies only to the specific licensing chapters it lists by number (Chapters 4713, 4738, 4740, 4747, 4749, and 4764, and sections 4725.40 to 4725.59 of the Revised Code), not to Ohio licensing generally. Within that specific list, the direct nexus standard means the offense must have a direct bearing on the individual's fitness or ability to perform duties related to that specific occupation.

For Ohio licensing boards outside that enumerated list, the general standard comes from ORC 9.79. Under that section, a licensing authority's published list of disqualifying offenses may include only offenses directly related to the duties and responsibilities of the licensed occupation, and the authority must weigh the nature and seriousness of the offense, the time that has passed since it occurred, its relationship to the occupation's duties, and any evidence of rehabilitation before disqualifying an applicant.

Both standards prevent licensing boards from imposing blanket bans based on any criminal history. Instead, the denial must be connected to the specific responsibilities of the licensed profession.

Preliminary Determination of Eligibility (ORC 9.78)

Under ORC Section 9.78, individuals with criminal convictions can request a preliminary determination from a licensing board before investing time and money in education or training. The process works as follows:

• The individual submits details of their criminal conviction along with a request to the licensing authority
• The licensing authority may charge up to $25 for the determination
• Within 30 days, the licensing authority must inform the individual whether the conviction would disqualify them from receiving the license
• This determination is preliminary and non-binding if the licensing authority later discovers additional criminal history

This process provides a practical way for individuals with criminal records to evaluate whether pursuing a specific career path is viable before committing resources.

Recent Changes to Ohio Background Check Laws

Senate Bill 288 (Effective April 4, 2023)

SB 288 represents the most significant recent change to Ohio's background check landscape. By expanding sealing eligibility and creating true expungement, the law affects what shows up on background checks for a broader pool of individuals. Key impacts include:

• More offenses are now eligible for sealing, meaning fewer records will appear on standard background checks
• True expungement permanently destroys records, providing a clean slate that goes beyond what sealing offers
• Prosecutors can now initiate the sealing process, potentially accelerating record clearing for eligible individuals

Ongoing Developments

Ohio continues to evaluate additional reforms. Legislative proposals for automatic record sealing (sometimes called "Clean Slate" laws) have been discussed but have not been enacted at the state level as of early 2026. Under the current system, individuals must still affirmatively apply for sealing or expungement through the courts.

Employers, landlords, and licensing boards should monitor legislative developments, as any adoption of automatic sealing would significantly change the volume and types of records appearing on background checks.

Frequently Asked Questions

How far back does a background check go in Ohio?

There is no Ohio state law limiting how far back a criminal background check can look. Criminal convictions can be reported indefinitely. However, under the federal FCRA, consumer reporting agencies cannot report arrests that did not result in conviction, civil judgments, liens, or collections that are more than seven years old. This seven-year restriction does not apply to positions paying $75,000 or more per year, and it never applies to criminal convictions. The only way to remove older convictions from a background check is through Ohio's sealing or expungement process.

Can a sealed record show up on a background check in Ohio?

In most cases, sealed records will not appear on standard employment or housing background checks. Once a record is sealed under ORC 2953.32, it is removed from public access, and the individual may legally deny the existence of the sealed record in most situations. However, certain entities retain access to sealed records, including law enforcement agencies, some professional licensing boards (particularly in healthcare, childcare, and security fields), and courts. A record that has been fully expunged under SB 288 is permanently destroyed and will not appear in any search.

Does Ohio have a statewide Ban the Box law for private employers?

No. Ohio's state-level Ban the Box law (ORC 9.73) applies only to public employers. Private employers are not covered by the state statute. However, several Ohio cities and counties have adopted local Ban the Box ordinances that do apply to private employers, including Cincinnati, Cleveland, Akron, and Dayton. If you are a private employer in Ohio, check whether any local ordinance applies to your business based on your location.

What is the difference between a BCI check and an FBI check in Ohio?

A BCI (Bureau of Criminal Investigation) check searches the Ohio state criminal database for records within the state. An FBI check searches the national criminal database, which includes records from all 50 states and federal courts. Many Ohio employers request both checks for a comprehensive screening. Both are fingerprint-based and processed through the WebCheck electronic system. The BCI check costs $22, while the FBI check has an additional fee. By law, BCI has up to 30 days to process results.

Can an Ohio employer deny a job based solely on a criminal record?

It depends on the circumstances. There is no blanket prohibition under Ohio state law against employers considering criminal records in hiring decisions (outside of the Ban the Box timing requirements for public employers). However, employers must comply with the FCRA adverse action process when using third-party background checks. Federal equal employment guidance from the EEOC also recommends that employers conduct an individualized assessment considering the nature of the offense, the time elapsed, and the nature of the job, rather than applying blanket exclusions. Additionally, if the conviction has been sealed or expunged, the employer generally cannot use it as a basis for denial.

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