Ohio Background Check Laws
In Ohio, criminal convictions can appear on a background check indefinitely — there is no state-imposed time limit. Ban-the-box applies only to state government employers. Ohio has robust petition-based record sealing (expanded in 2023) and offers Certificates of Qualification for Employment (CQE) to lift automatic employment bars.
Overview
Ohio does not impose any state-level time limit on how far back a background check can report criminal convictions. Under the federal FCRA default, convictions can appear on a background check indefinitely. Non-conviction records are limited to seven years under the FCRA for employment screening. Ohio has a ban-the-box policy that applies to state government employers but does not extend to private employers statewide. Private employers can ask about criminal history at any point during the hiring process. However, some Ohio cities, including Columbus and Cincinnati, have enacted their own local fair chance hiring ordinances. While Ohio does not have a Clean Slate law providing automatic record sealing, the state has one of the more robust petition-based sealing and expungement systems in the country. Under ORC § 2953.32, individuals can petition to have eligible criminal records sealed. The scope of eligible offenses was significantly expanded in 2023 to include more types of felonies. Additionally, Ohio offers a Certificate of Qualification for Employment (CQE), a unique tool that lifts automatic bars to employment, licensing, and other opportunities based on criminal convictions. The CQE does not seal your record, but it tells employers and licensing boards that a court has reviewed your rehabilitation and determined that your conviction should not automatically disqualify you.
How Far Back Does a Background Check Go in Ohio?
| Record Type | Rule in Ohio |
|---|---|
| Felony Convictions | No time limit. Felony convictions may appear on background checks regardless of age. Many felonies are now eligible for sealing by petition under Ohio's expanded sealing law. |
| Misdemeanor Convictions | No time limit. Misdemeanor convictions can be reported indefinitely. Most misdemeanors are eligible for sealing by petition. |
| All Convictions | No state limit — convictions can be reported indefinitely under FCRA default rules. |
| Arrests (No Conviction) | Arrests not leading to conviction are limited to 7 years under the FCRA for employment reports. Non-conviction records may also be eligible for sealing or expungement. |
| Pending Cases | Pending criminal cases can be reported on a background check regardless of when charges were filed. |
Ban the Box / Fair Chance
Yes
Ohio's ban-the-box policy applies to state government employers. Governor John Kasich signed an executive order in 2015 directing state agencies to remove the criminal history question from initial employment applications for state government positions. Private employers are not covered by a statewide ban-the-box law. However, several Ohio cities have adopted local fair chance hiring ordinances, including Columbus (2016) and Cincinnati. These local laws may restrict when city contractors or city employers can ask about criminal history.
Effective: 2015
Clean Slate / Auto-Sealing
No Clean Slate law
Ohio does not have a Clean Slate law providing automatic sealing or expungement of criminal records. However, Ohio has a robust petition-based record sealing system under ORC § 2953.32 that was significantly expanded in 2023. The expansion allows sealing of most felonies of the 4th and 5th degree, many 3rd degree felonies, and nearly all misdemeanors. Waiting periods are typically 1 year for misdemeanors, 3 years for felonies, and longer for certain offenses. Offenses involving violence, sex offenses, and offenses against minors are generally excluded. Additionally, Ohio offers the Certificate of Qualification for Employment (CQE) under ORC § 2953.25, which does not seal records but lifts automatic bars to employment and licensing based on criminal convictions.
What Employers Can Do in Ohio
- When can employers ask about criminal history?
- Private employers can ask about criminal history at any point during the hiring process, including on the initial job application. State government employers defer criminal history inquiries under the governor's executive order. Some local jurisdictions have their own timing restrictions.
- What can they consider?
- Ohio does not have a statewide law requiring employers to perform an individualized assessment. However, if an applicant presents a Certificate of Qualification for Employment (CQE), the employer must consider it and cannot automatically disqualify the applicant based on the conviction(s) covered by the CQE. The CQE provides a rebuttable presumption that the individual's conviction should not be a barrier to the specific type of employment. Federal EEOC guidance also recommends individualized assessment.
- Individualized assessment required?
- No state requirement for individualized assessment, though EEOC guidance recommends it.
Key Laws in Ohio
- Fair Credit Reporting Act (FCRA)(1970)
Federal law providing the baseline framework for background check reporting in Ohio. Limits non-conviction reporting to 7 years. Convictions may be reported indefinitely since Ohio has no stricter state lookback law.
- Ohio Record Sealing Law (ORC § 2953.32)(1974)
Allows individuals to petition for sealing of eligible criminal records. Significantly expanded in 2023 to include more felony offenses. Waiting periods vary: 1 year for misdemeanors, 3 years for felonies, with longer periods for some offenses. Once sealed, records are not available to most employers.
- Certificate of Qualification for Employment (ORC § 2953.25)(2012)
A court-issued certificate that lifts automatic bars to employment, licensing, and other opportunities based on criminal convictions. Does not seal the record but provides a rebuttable presumption that the conviction should not automatically disqualify the holder. Available after completing sentence and demonstrating rehabilitation.
- Ohio Executive Order — Ban the Box (State Agencies)(2015)
Governor's executive order directing state agencies to remove the criminal history question from initial employment applications for state government positions.
Frequently Asked Questions — Ohio
- How far back does a background check go in Ohio?
- Ohio does not impose any state-level time limit on reporting criminal convictions. Under the federal FCRA, convictions can appear on your background check indefinitely. Non-conviction records are limited to 7 years. However, if your record has been sealed through the petition process, sealed records should not appear on standard background checks.
- Can I get my criminal record sealed in Ohio?
- Possibly. Ohio's record sealing law (ORC § 2953.32) was significantly expanded in 2023 and now covers a wider range of offenses, including many felonies. Eligible offenses can be sealed after waiting periods of 1 year for misdemeanors and 3 years for felonies. Sex offenses, offenses against minors, and certain violent offenses are generally excluded. You must file a petition with the court — it is not automatic.
- What is a Certificate of Qualification for Employment (CQE) in Ohio?
- A CQE is a court-issued certificate that lifts automatic bars to employment and professional licensing based on criminal convictions. It does not seal your record, but it tells employers and licensing boards that a court has reviewed your case and determined your conviction should not automatically disqualify you. When you present a CQE to an employer, they cannot use the covered conviction as an automatic bar — they must consider your individual circumstances.
- Does Ohio have a ban-the-box law for private employers?
- No statewide ban-the-box law covers private employers in Ohio. The governor's executive order only applies to state government agencies. However, some Ohio cities including Columbus and Cincinnati have adopted local fair chance hiring policies. Check your local jurisdiction for any applicable local laws.
- Does Ohio have a Clean Slate law?
- No. Ohio does not have a Clean Slate law that automatically seals or expunges criminal records. All record sealing in Ohio requires filing a petition with the court. However, Ohio's petition-based sealing system is one of the more accessible in the country, especially after the 2023 expansion that made more offenses eligible.
- What offenses were added to Ohio's record sealing eligibility in 2023?
- The 2023 expansion significantly broadened eligibility to include most 4th and 5th degree felonies and many 3rd degree felonies. Previously, most felonies were excluded from sealing. The expansion also reduced some waiting periods. Offenses involving violence, sex offenses, and crimes against minors remain generally ineligible for sealing.
- How do I apply for record sealing in Ohio?
- You file a petition for record sealing with the court in the county where the offense occurred. The petition requires your criminal history information and supporting documentation. There is a filing fee, though fee waivers may be available. Legal aid organizations can help you determine eligibility and file the petition at no cost. The court will hold a hearing and the prosecutor may object.
- Will a sealed record still show up on an Ohio background check?
- No. Once a record is sealed in Ohio, it is removed from public access and should not appear on standard employment background checks. You can legally answer 'no' when asked if you have been convicted of the sealed offense. Certain government agencies and law enforcement may still have access in limited circumstances.
Ohio Resources
- Ohio Legal Help
Free legal information and resources for Ohio residents, including tools and guides for record sealing and understanding your rights with a criminal record.
- Legal Aid Society of Greater Cincinnati
Provides free legal assistance including help with record sealing petitions, CQE applications, and employment rights for people with criminal records in the Cincinnati area.
- Ohio Department of Rehabilitation and Correction — Reentry
State corrections agency with information about reentry programs, parole, and resources for people transitioning back into the community after incarceration.
- Ohio Bureau of Criminal Investigation — Background Checks
State agency where you can request your own criminal history record to review for accuracy and determine what offenses may be eligible for sealing.
Sources
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