OH · state guide

Ohio background screening law

What is different here

  • The box is banned by statute, but only for public employers. R.C. 9.73(B) provides: "No public employer shall include on any form for application for employment with the public employer any question concerning the criminal background of the applicant." "Public employer" means a state agency or a political subdivision of the state, and "political subdivision" means "a county, township, municipal corporation, or any other body corporate and politic that is responsible for government activities in a geographic area smaller than that of the state". Division (C) preserves the right to place a statement on the form notifying an applicant of a statutory disqualification. The section was effective 23 March 2016 and has one version. It does not reach a private employer.
  • The effect of a sealed record depends on whether it was a conviction, and the answer is counter-intuitive. Under R.C. 2953.34(L)(1), a person "may not be questioned with respect to any record that has been sealed or expunged pursuant to section 2953.33" of the Revised Code, which is the non-conviction section, and if asked they "may respond as if the arrest underlying the case to which the sealed official records pertain and all other proceedings in that case did not occur". Under R.C. 2953.34(N)(2)(a) a sealed conviction is different: a person "may be questioned only with respect to convictions not sealed ... unless the question bears a direct and substantial relationship to the position for which the person is being considered". Only an expunged conviction is unaskable outright, at (N)(2)(c).
  • The state repository keeps expunged convictions deliberately, for employment screening in law enforcement. R.C. 2953.32(D)(5) requires the bureau of criminal identification and investigation, on notice that a conviction has been expunged, to "maintain a record of the expunged conviction record for the limited purpose of determining an individual's qualification or disqualification for employment in law enforcement", and provides that the bureau "shall not be compelled by the court to destroy, delete, or erase those records so that the records are permanently irretrievable." A criminal records check requested under any of a long list of statutes reports back "any relevant information contained in records that have been sealed under section 2953.32 of the Revised Code", with the list set out at R.C. 109.572(B)(1).
  • The repository is also narrower than a court search, and the gap is the ordinary misdemeanor. R.C. 109.57(A)(1) directs the superintendent to file records of "all persons who have been convicted of committing within this state a felony, any crime constituting a misdemeanor on the first offense and a felony on subsequent offenses, or any misdemeanor described in division (A)(1)(a), (A)(4)(a), or (A)(6)(a) of section 109.572 of the Revised Code". A misdemeanor outside those named lists is not a record the bureau is directed to hold. Separately, R.C. 109.57(D)(1)(a) provides that information furnished to the superintendent under division (A) is not a public record under R.C. 149.43.
  • The trial courts are spread across 88 counties and a mayor's court layer that sits outside the record system. R.C. 2301.01 provides that "There shall be a court of common pleas in each county", and Ohio has 88. R.C. 1901.01 establishes municipal courts in named municipal corporations and by county. County courts exist only for territory not served by a municipal court. Then there are mayor's courts: the Supreme Court's 2019 summary records that "A total of 286 municipal corporations reported to the Supreme Court as having operated a mayor’s court in 2019", that they are "not courts of record", and that they hear "only cases involving violations of local ordinances and state traffic laws".

How the courts here are organized

Ohio is a county state for trial courts, and the county is the unit a search has to be built around. R.C. 2301.01 provides: "There shall be a court of common pleas in each county held by one or more judges, each of whom has been admitted to practice as an attorney at law in this state for at least one year preceding the judge's appointment or commencement of the judge's term, resides in the county, is elected by the electors therein". There are 88 counties, so there are 88 courts of common pleas, and the Supreme Court of Ohio's own "Find Ohio Trial Courts & Local Rules" directory lists them county by county, each with its own local rules. Above them sit 12 courts of appeals districts under R.C. 2501.01. The court of common pleas is the felony court and the court of general civil jurisdiction, and it is where a felony conviction is recorded.

Municipal courts are statutory and their number is set by amendment rather than by the number of cities. R.C. 1901.01(A) opens "There is hereby established a municipal court in each of the following municipal corporations:" and then names more than a hundred of them, running alphabetically from Akron to Zanesville. The same section then adds courts by county rather than by city: division (B) a municipal court within Clermont county, division (C) one within Columbiana county, division (D) one within Erie county, and division (G) one within Montgomery county with a long list of excluded municipal corporations. Division (E) records that the Cuyahoga Falls municipal court was to remain in existence until 31 December 2008 and be replaced by the Stow municipal court on 1 January 2009, and division (F) establishes the Stow court. The section has been amended repeatedly, which is why this page states the structure and not a total count.

County courts are the residual tier, and their jurisdiction tells you why they matter to a screening file. R.C. 1907.01 creates county courts only in territory that is not within the jurisdiction of a municipal court, so a county court is what exists in the unincorporated and small-municipality parts of a county that no municipal court covers. Their criminal jurisdiction is broad rather than residual: R.C. 1907.02 gives a county court jurisdiction over "all misdemeanor cases" and over felony preliminary hearings, which means a misdemeanor disposition in a rural part of the state is a county court record and not a common pleas record.

The fourth tier is the one that surprises people, and it is a real one. R.C. 1905.01 lets a mayor hear cases, and R.C. 1905.033 requires mayor's courts to register annually with the Supreme Court, which the court's own reporting page states as annual registration plus quarterly caseload reporting. The Supreme Court's 2019 summary describes the population rule and the jurisdiction in its own words: "Chapter 1905 of the Ohio Revised Code permits mayors of municipal corporations populated by more than 200 people that are generally not the site of a municipal court to conduct mayor’s court", and "Mayor’s courts, which are not courts of record, hear only cases involving violations of local ordinances and state traffic laws. Those convicted in a mayor’s court may appeal their conviction to the municipal or county court having jurisdiction within the municipal corporation. Ohio law does not require mayors hearing cases to be attorneys."

Those four tiers are why an Ohio search cannot be scoped to a single source, and the Supreme Court says so structurally rather than in words. Its trial-court directory is organized by county and then by court, and it publishes local rules court by court, so there is no one place to look. Remote access to court records is discretionary: Sup.R. 11.12(A) provides that "A court or clerk of court may offer remote access to a court record", not that it must, while Sup.R. 11.10 states that "Court records are presumed open to public access" and Sup.R. 11.11(A) requires a court or clerk to make a record available by direct access and to respond to a request "within a reasonable amount of time". The presumption is real and it runs to the courthouse, not to a statewide portal.

Court structure in Ohio
Trial court structureCommon pleas, municipal, county, mayor's
Counties88, each with a court of common pleas
Court of common pleasOne per county, R.C. 2301.01
Courts of appeals12 districts, R.C. 2501.01
Municipal courtsEstablished by R.C. 1901.01(A) in named municipal corporations
County-wide municipal courtsClermont (B), Columbiana (C), Erie (D), Montgomery (G)
Cuyahoga Falls and StowStow replaced Cuyahoga Falls on 1 January 2009, R.C. 1901.01(E) and (F)
County courtsOnly in territory outside a municipal court, R.C. 1907.01
County court criminal jurisdiction"All misdemeanor cases" and felony preliminary hearings, R.C. 1907.02
Mayor's courtsR.C. 1905.01, mayor hears the case
Mayor's courts, 2019 count286 municipal corporations reported operating one
Mayor's court jurisdictionLocal ordinance violations and state traffic law only
Mayor's court record statusNot courts of record
Mayor's court judge qualificationNeed not be an attorney
Mayor's court registrationAnnual, with quarterly caseload reports, R.C. 1905.033
Statewide case searchNone published by the state; the directory routes county by county
Remote access to court recordsDiscretionary, Sup.R. 11.12(A)
Public access presumption"Court records are presumed open to public access", Sup.R. 11.10
Bulk distributionA court may cap monthly copies for commercial requestors, Sup.R. 11.11(C)
State repositoryBureau of criminal identification and investigation, R.C. 109.57
Repository coverageFelonies and named misdemeanors, not every misdemeanor
Repository and public records lawNot a public record, R.C. 109.57(D)(1)(a)

The repository gap is the misdemeanor, and it is the single most useful thing to know about an Ohio state check. R.C. 109.57(A)(1) directs the superintendent to file records of "all persons who have been convicted of committing within this state a felony, any crime constituting a misdemeanor on the first offense and a felony on subsequent offenses, or any misdemeanor described in division (A)(1)(a), (A)(4)(a), or (A)(6)(a) of section 109.572 of the Revised Code". Read plainly, that is felonies, the offenses that escalate from misdemeanor to felony on repetition, and a named set of misdemeanors defined by reference to lists in R.C. 109.572 that are themselves long enumerations of serious offenses. A first-degree misdemeanor that falls outside those lists is not something the bureau is directed to hold. A state-only check therefore is not a substitute for a court search in Ohio, and the reason is in the repository section rather than in policy.

The second gap is that the repository is closed by design and open by rule. R.C. 109.57(D)(1)(a) provides that information and materials furnished to the superintendent under division (A) are not public records under R.C. 149.43. Access beyond that runs through R.C. 109.57(E)(1), which directs the attorney general to "adopt rules, in accordance with Chapter 119. of the Revised Code and subject to division (E)(2) of this section, setting forth the procedure by which a person may receive or release information gathered by the superintendent pursuant to division (A) of this section". The same division fixes a fee and provides that "If a temporary employment service submits a request for a determination of whether a person the service plans to refer to an employment position has been convicted of or pleaded guilty to an offense listed or described in division (A)(1), (2), or (3) of section 109.572 of the Revised Code, the request shall be treated as a single request and only one fee shall be charged." That sentence is the closest the statute comes to naming a commercial intermediary, and it names a temporary employment service rather than a consumer reporting agency. The rules themselves were not read for this page and are named in `pending`.

The third gap is what the repository will and will not say about an arrest that led nowhere, and it is drafted as a list of three situations. R.C. 109.57(E)(2) confines a rule under (E)(1) to "the release of information gathered pursuant to division (A) of this section that relates to the conviction of a person, or a person's plea of guilty to, a criminal offense or to the arrest of a person as provided in division (E)(3)". Division (E)(3) then permits release of non-conviction arrest information only where "The arrest was made outside of this state", or "A criminal action resulting from the arrest is pending, and the superintendent confirms that the criminal action has not been resolved at the time the criminal records check is performed", or "The bureau cannot reasonably determine whether a criminal action resulting from the arrest is pending, and not more than one year has elapsed since the date of the arrest". The third limb is a one-year window measured from the arrest, and it is the only limb that has nothing to do with an out-of-state arrest or a pending case.

The fourth gap is that the records the repository does release are released against a statutory authorization, not against a request. R.C. 109.572(B)(1) applies the sealed-records inclusion only "if the criminal records check was requested under section 113.041, 121.08, 124.74, 173.27, 173.38, 173.381, 718.131, 928.03, 1121.23, 1315.141, 1321.37, 1321.53, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3740.11, 3712.09, 3721.121, 3772.07, 3775.03, 3796.12, 3796.13, 4729.071, 4729.53, 4729.90, 4729.92, 4749.03, 4749.06, 4763.05, 4764.07, 4768.06, 5103.053, 5104.013, 5164.34, 5164.341, 5164.342, 5123.081, 5123.169, or 5153.111 of the Revised Code". R.C. 109.57(F) and (G) then name the employer classes that may request directly, which are school boards, developmental disabilities providers, child care and head start operators, children services agencies, home health and hospice and long-term care providers, and the like. A general private employer is not among them, and the sections in the list that touch private business are licensing and regulated-industry sections rather than an employment gateway.

The fifth gap is the mayor's court, because it is a court that decides cases and is not a court of record. The Supreme Court's summary describes the jurisdiction and the appeal in one pass: those "convicted in a mayor’s court may appeal their conviction to the municipal or county court having jurisdiction within the municipal corporation", and "Ohio law does not require mayors hearing cases to be attorneys." Registration and quarterly reporting under R.C. 1905.033 came in from 1 January 2004 and the Supreme Court adopted procedural and education rules for mayors with the General Assembly's permission, so the tier is supervised rather than unsupervised. What it is not is a tier whose dispositions are captured in the court of record system, and a search built on common pleas and municipal court indices does not obviously reach it.

The routing consequence is that an Ohio answer has to say which of four things produced it. A bureau response is a fingerprint-supported record limited to felonies, escalating offenses and named misdemeanors, released against a statutory authorization, silent on ordinary misdemeanors, and in the sealed-record case deliberately inclusive. A common pleas search is a county search. A municipal or county court search is a court-level search whose coverage depends on which court has territorial jurisdiction over the address. And a mayor's court disposition is a fourth thing again, held by a court that is not a court of record. Ohio is the state where the answer to "did you search Ohio" has to be a list.

The federal baseline

Federal law sets the floor here as it does everywhere. It is at 15 U.S.C. §1681 et seq., it binds the agency and the employer separately, and it does not vary by state. The FCRA article covers it section by section, including the seven-year limits, the salary threshold and the adverse action sequence, so that this page does not restate any of it.

What follows is only the overlay: what Ohio adds on top of that floor, and where it departs from it.

What Ohio law adds

Ban-the-box, public sector

R.C. 9.73 prohibits the question on a public employer's application form. Division (B) provides: "No public employer shall include on any form for application for employment with the public employer any question concerning the criminal background of the applicant." "Public employer" means "a state agency or a political subdivision of the state", and "political subdivision" reaches "a county, township, municipal corporation, or any other body corporate and politic that is responsible for government activities in a geographic area smaller than that of the state". Division (C) preserves the right to include "a statement notifying an applicant of any provision of the Revised Code or federal law that disqualifies an individual with a particular criminal history from employment in a particular position", so a notice of a statutory bar is not a violation. The section is narrowly drafted: it bars a question on the form and it does not by its terms bar an oral question at an interview, and it imposes no individual liability and no stated penalty.

R.C. 9.73

Ban-the-box, private sector

No statewide Ohio instrument found in this pass prohibits a private employer from asking about criminal history. Chapter 4112 was read in full and contains no occurrence of "criminal record" and no occurrence of "arrest"; its single occurrence of "convict" sits in the fair housing provisions at 4112.02(H)(17)(e), where a landlord may ask whether an applicant has been convicted of an offense an element of which is the illegal sale, offer to sell, cultivation, manufacture, other production, shipment, transportation, delivery, or other distribution of a controlled substance. Chapter 4113 was read in full and contains no such provision. R.C. 4113.85 preempts local regulation of employee scheduling only, and division (D) expressly preserves "the authority provided by case law, the Revised Code, or Section 3 of Article XVIII, Ohio Constitution, for a political subdivision to adopt a resolution or ordinance to limit the hours an employer operates", so it is not a general preemption of local employment regulation. Local fair-chance ordinances are reported for Cincinnati, Cleveland and Akron; none of their codes would render from this environment and none is stated here.

R.C. 4112.02(H)(17)(e) · R.C. 4113.85

State consumer-reporting statute

Ohio has no state analog to the FCRA for employment background reports, and no state reporting or disclosure regime layered on the federal one. Chapters 4112 and 4113, the two chapters a state employment-relations statute would sit in, were read in full and neither contains a consumer-reporting provision, a disclosure duty, a pre-request notice, or a state adverse-action requirement. The only consumer-reporting-adjacent article located is chapter 1349, which regulates financial institutions and data security and does not reach employment reports. The federal sequence is therefore the whole of the procedural requirement in Ohio.

R.C. Chapter 4112 · R.C. Chapter 4113

Lookback limits

No Ohio reporting lookback was located in any instrument read in full. Neither chapter 4112 nor chapter 4113 imposes an age limit on the convictions an employer may consider or ask about, and R.C. 9.73 contains no time limit. R.C. 3796.28, the cannabis employer section, contains none. The state's mechanism for old records is sealing and expungement rather than a reporting window, and the one time limit the repository statutes do contain is an arrest window rather than a conviction window: R.C. 109.57(E)(3)(c) permits release of a non-conviction arrest, and the division puts it this way: "The bureau cannot reasonably determine whether a criminal action resulting from the arrest is pending, and not more than one year has elapsed since the date of the arrest". This is a finding about the instruments read in full and not a categorical statement about the Revised Code.

R.C. Chapter 4112 · R.C. Chapter 4113 · R.C. 109.57(E)(3)

Sealed non-convictions

A sealed or expunged non-conviction is unaskable and the person is protected for answering as though it never happened. R.C. 2953.34(L)(1) provides that in any application for employment, license or other right or privilege, "a person may not be questioned with respect to any record that has been sealed or expunged pursuant to section 2953.33 of the Revised Code", and that the person "may respond as if the arrest underlying the case to which the sealed official records pertain and all other proceedings in that case did not occur", and "shall not be subject to any adverse action because of the arrest, the proceedings, or the person's response". The mechanism is a prohibition on the question plus an immunity for the answer, which is a different shape from a custodian non-disclosure rule: it binds the employer directly.

R.C. 2953.34(L)(1) · R.C. 2953.33(A)

Sealed convictions

A sealed conviction remains askable where the question is related to the position, and that is the provision our file previously cited at the wrong section. R.C. 2953.34(N)(2)(a) provides that a person "may be questioned only with respect to convictions not sealed ... unless the question bears a direct and substantial relationship to the position for which the person is being considered", with carve-outs for division (B) and R.C. 3319.292. R.C. 2953.34(N)(1) adds that a sealing or expungement order under R.C. 2953.35 restores the person to "all rights and privileges not otherwise restored by termination of the sentence or community control sanction or by final release on parole or post-release control", subject to division (D). The test is on the question rather than on the decision, which is the opposite of Pennsylvania's suitability framing and is worth not confusing.

R.C. 2953.34(N)(2)(a) · R.C. 2953.34(N)(1)

Expunged convictions

An expunged conviction is unaskable outright. R.C. 2953.34(N)(2)(c) provides: "A person may not be questioned in any application, appearance, or inquiry of a type described in division (N)(2)(a) of this section with respect to any conviction expunged under section 2953.35 of the Revised Code." S.B. 288 of the 134th General Assembly, effective 4 April 2023, is the amendment that created a true expungement in Ohio alongside sealing, and the chapter heading on the state host records the renumbering for each section. A license application is treated differently: R.C. 2953.34(N)(2)(b) provides that in an application for a certificate of qualification for employment under R.C. 2953.25, "a person may be questioned only with respect to convictions not sealed and bail forfeitures not sealed".

R.C. 2953.34(N)(2)(c) · R.C. 2953.34(N)(2)(b)

Marijuana expungement

Ohio created a dedicated marijuana expungement track, and it is now administered under the consolidated cannabis chapter. R.C. 2953.321, "Expungement of marijuana or hashish possession offenses", effective 20 March 2026 by S.B. 56 of the 136th General Assembly, lets a person who before that date "was the defendant named in a dismissed complaint, indictment, or information for or was convicted of or has pleaded guilty to" a violation of R.C. 2925.11(C)(3)(a) or (C)(7)(a) or (b), or a violation of (C)(7)(c) or (d) involving "possession of not more than fifteen grams of hashish", apply to the sentencing court at any time. "Expunge" is defined at (A)(1) as "to destroy, delete, and erase a record as appropriate for the record's physical or electronic form or characteristic so that the record is permanently irretrievable". The court must hold a hearing "not less than forty-five days and not more than ninety days after the date of the filing of the application", and the prosecutor may object.

R.C. 2953.321

State repository access

The bureau of criminal identification and investigation holds the state criminal history and its records are not public records. R.C. 109.57(D)(1)(a) provides that "Information and materials furnished to the superintendent pursuant to division (A) of this section" are not public records under R.C. 149.43. Release beyond law enforcement runs through rules the attorney general adopts under R.C. 109.57(E)(1), which must set out "the procedure by which a person may receive or release information gathered by the superintendent pursuant to division (A) of this section", and a reasonable fee may be charged. Division (E)(2) confines those rules to conviction and guilty-plea information and to arrest information "as provided in division (E)(3)", and division (E)(3) permits non-conviction arrest release in only three situations: an out-of-state arrest, a pending criminal action the superintendent confirms is unresolved, or an arrest the bureau cannot resolve as pending "and not more than one year has elapsed since the date of the arrest". R.C. 109.57(F) and (G) name the employer classes that may request directly, and a general private employer is not among them.

R.C. 109.57(D)(1)(a) · R.C. 109.57(E)(1) · R.C. 109.57(E)(3) · R.C. 109.57(F)

Repository coverage and sealed records

The repository is narrower than a court search on misdemeanors and wider than a sealed record on convictions, and both points come from the same two sections. R.C. 109.57(A)(1) directs the superintendent to file records of persons "convicted of committing within this state a felony, any crime constituting a misdemeanor on the first offense and a felony on subsequent offenses, or any misdemeanor described in division (A)(1)(a), (A)(4)(a), or (A)(6)(a) of section 109.572", so an ordinary misdemeanor outside those lists is not a record the bureau is directed to hold. R.C. 2953.32(D)(5) then requires the bureau, on notice that a conviction has been expunged, to "maintain a record of the expunged conviction record for the limited purpose of determining an individual's qualification or disqualification for employment in law enforcement", and provides that it "shall not be compelled by the court to destroy, delete, or erase those records so that the records are permanently irretrievable" and that they "may only be disclosed or provided to law enforcement for the limited purpose of determining an individual's qualification or disqualification for employment in law enforcement". R.C. 109.572(B)(1) makes a statutory criminal records check report "any relevant information contained in records that have been sealed under section 2953.32 of the Revised Code". A cannabis license employer sits inside this regime directly: R.C. 3796.13 requires a person seeking employment with a license holder to comply with R.C. 4776.01 to 4776.04, permits employment only where the resulting criminal records check shows no disqualifying offense, and allows provisional employment for not longer than three months, renewable once.

R.C. 109.57(A)(1) · R.C. 2953.32(D)(5) · R.C. 109.572(B)(1) · R.C. 3796.13

Cannabis, medical and adult use

Ohio is employer-protective on cannabis by name, and the medical and adult-use instruments contain no employment protection at all. Chapter 3796, "Marijuana Control Program", is the consolidated chapter: S.B. 56 of the 136th General Assembly, effective 20 March 2026, merged the former adult-use provisions into it, and the state host returns "Number Not Found" for Chapter 3780. R.C. 3796.28 is titled "Rights of employer" and provides that nothing in the chapter requires an employer to accommodate marijuana use, prohibits an employer "from refusing to hire, discharging, disciplining, or otherwise taking an adverse employment action against a person with respect to hire, tenure, terms, conditions, or privileges of employment because of that person's use, possession, or distribution of marijuana", or prohibits an employer "from establishing and enforcing a drug testing policy, drug-free workplace policy, or zero-tolerance drug policy". Division (A)(5) provides that nothing in the chapter "Permits a person to commence a cause of action against an employer for refusing to hire, discharging, disciplining, discriminating, retaliating, or otherwise taking an adverse employment action against a person with respect to hire, tenure, terms, conditions, or privileges of employment related to marijuana". Division (B) makes a discharge for policy-violating use just cause for unemployment purposes under R.C. 4141.29(D). Division (C) provides that it is not a violation of R.C. 4112.02(A), (D) or (E) to discharge or refuse to hire because of marijuana use where the use violates the employer's policy. The patient and user sections, R.C. 3796.22 "Rights of registered patient" and R.C. 3796.221 "Rights of adult-use users", contain no occurrence of the word "employ".

R.C. 3796.28 · R.C. 3796.22 · R.C. 3796.221

Employment discrimination law and criminal history

Ohio's employment discrimination statute does not name criminal history, which is worth stating precisely because a screening challenge is often framed as one. Chapter 4112 was read in full. It contains no occurrence of "criminal record" and no occurrence of "arrest". Its single occurrence of "convict" is at 4112.02(H)(17)(e), in the fair housing list of inquiries that may be made of all applicants regardless of disability, and it permits an inquiry into whether an applicant "at any time has been convicted of or pleaded guilty to any offense, an element of which is the illegal sale, offer to sell, cultivation, manufacture, other production, shipment, transportation, delivery, or other distribution of a controlled substance". R.C. 3796.28(C) then carves cannabis-policy discharges and refusals to hire out of R.C. 4112.02(A), (D) and (E) by name.

R.C. 4112.02(H)(17)(e) · R.C. 3796.28(C)

Salary history

No Ohio statewide salary-history prohibition was located. Chapter 4113 was read in full and contains no salary-history provision, and no occurrence of the term. The state instrument that touches pay is R.C. 4113.15, which sets payday requirements, and it does not regulate what an employer may ask. The overlay is municipal and it is real: Columbus City Code Chapter 2335 prohibits inquiring about salary history and screening on it for employers with fifteen or more persons within the city, and requires a reasonable salary range or scale in employment postings from 1 January 2027. Secondary compilations also report a Cleveland posting requirement; Cleveland's code did not render from this environment and is not stated.

R.C. 4113.15 · Columbus City Code § 2335.03

Credit checks

No Ohio restriction on the use of credit information in employment was located. Chapters 4112 and 4113 were read in full and neither contains a credit-check provision, an employment-purpose notice, or a prohibition on using credit history in a hiring decision. The state credit-reporting article sits in chapter 1349 and regulates financial institutions rather than employment reports. A credit component of an Ohio screening process is therefore governed by the federal Fair Credit Reporting Act and the state adds nothing, which is a finding about the chapters read in full rather than a categorical statement about the Revised Code.

R.C. Chapter 4112 · R.C. Chapter 4113

Automated hiring decisions

Ohio has not enacted an automated-employment-decision statute, and the bill that would create one is in committee. R.C. 4113.90 does not exist: the state host answers "Number Not Found" and adds that no Ohio Revised Code section number corresponds to 4113.90. H.B. 828 of the 136th General Assembly is titled "Regards use of automated employment decision tools" and its purpose clause reads "To enact section 4113.90 of the Revised Code regarding the use of automated employment decision tools"; the legislature's status page records it as in House Committee, with the passed-by-Senate and sent-to-governor steps not completed. The introduced text defines an "Automated employment decision tool" and imposes disclosure duties on its use as part of an employment decision, including notice of the tool and the source of the data. Nothing in chapters 4112 or 4113 supplies a substitute in the meantime.

Ohio H.B. 828, 136th General Assembly, as introduced

Preemption of local employment regulation

Ohio does not preempt local employment regulation generally, and the one preemption on the books is confined to scheduling. R.C. 4113.85(B) provides that, "Except as otherwise expressly provided in state or federal law, the following matters are exclusively the result of an employer's policy, an agreement between an employer and the employer's employees, a contract between an employer and the employer's employees, or a collective bargaining agreement", and lists nine matters: the number of hours an employee works or is on call, the time of that work, the location of work, the amount of notification of schedule assignments or changes, minimizing fluctuations in scheduled hours, additional payment for reporting time or split shifts, advance notice of schedules including predictive scheduling, offering additional hours to current employees before hiring, and whether fringe benefits are provided and in what amount. Division (C) provides that nothing in the section requires an employer to adopt any such policy. Division (D) then provides that nothing in the section "affects the authority provided by case law, the Revised Code, or Section 3 of Article XVIII, Ohio Constitution, for a political subdivision to adopt a resolution or ordinance to limit the hours an employer operates." The section was effective 21 March 2017 and it does not reach hiring, inquiry or screening.

R.C. 4113.85

The statute that surprises people

The sealing effect that turns on what was sealed

R.C. 2953.34

R.C. 2953.34 is titled "Effect of sealing or expungement order under R.C. 2953.32 or 2953.33." It carries two provisions that read as though they were written for different statutes, because they were, and the difference between them is the thing an Ohio screening process has to get right.

The first is division (L)(1), and it is absolute for a non-conviction. It provides: "In any application for employment, license, or any other right or privilege, any appearance as a witness, or any other inquiry, a person may not be questioned with respect to any record that has been sealed or expunged pursuant to section 2953.33 of the Revised Code. If an inquiry is made in violation of this division, the person whose official record was sealed may respond as if the arrest underlying the case to which the sealed official records pertain and all other proceedings in that case did not occur, and the person whose official record was sealed shall not be subject to any adverse action because of the arrest, the proceedings, or the person's response." Section 2953.33 is the non-conviction section: R.C. 2953.33(A)(1) lets a person "found not guilty of an offense by a jury or a court or who is the defendant named in a dismissed complaint, indictment, or information" apply to seal or expunge the official records in the case, and (A)(2) does the same for a person "against whom a no bill is entered by a grand jury". Where the court orders it, R.C. 2953.33(B)(4) directs that "except as provided in section 2953.34 of the Revised Code, the proceedings in the case be deemed not to have occurred."

The second is division (N)(2)(a), and it is a relationship test rather than a prohibition. It provides: "In any application for employment, license, or other right or privilege, any appearance as a witness, or any other inquiry, except as provided in division (B) of this section and in section 3319.292 of the Revised Code and subject to division (N)(2)(c) of this section, a person may be questioned only with respect to convictions not sealed, bail forfeitures not expunged under section 2953.42 of the Revised Code as it existed prior to June 29, 1988, and bail forfeitures not sealed, unless the question bears a direct and substantial relationship to the position for which the person is being considered." Two carve-outs sit inside that sentence: division (B) and R.C. 3319.292, which is the school-employee provision. So the default is that a sealed conviction is not a permitted subject of a question, and the exception is that it becomes one where the question bears a direct and substantial relationship to the position.

Division (N)(2)(c) closes the gap that (N)(2)(a) leaves open, and it applies to expungement only: "A person may not be questioned in any application, appearance, or inquiry of a type described in division (N)(2)(a) of this section with respect to any conviction expunged under section 2953.35 of the Revised Code." R.C. 2953.35 is the conviction-expungement section, renumbered from former R.C. 2953.37 by S.B. 288. Ohio therefore has a three-way rule and not a two-way one: a sealed non-conviction is unaskable, an expunged conviction is unaskable, and a sealed conviction is askable where the question bears a direct and substantial relationship to the position. The screening consequence is that the operative question about a candidate record is not "is it sealed" but "which section sealed it".

Division (N)(1) states what the order does for the person, and its wording keeps the (D) exception visible: "An order issued under section 2953.35 of the Revised Code to expunge the record of a person's conviction or, except as provided in division (D) of this section, an order issued under that section to seal the record of a person's conviction restores the person who is the subject of the order to all rights and privileges not otherwise restored by termination of the sentence or community control sanction or by final release on parole or post-release control." Restoration is the default and the exceptions are statutory rather than discretionary.

The section also carries a rule for a license applicant that runs the other way, which is worth knowing because it shows the drafting is deliberate: R.C. 2953.34(N)(2)(b) provides that "In any application for a certificate of qualification for employment under section 2953.25 of the Revised Code, a person may be questioned only with respect to convictions not sealed and bail forfeitures not sealed." The certificate of qualification for employment is the state's own instrument for a person with a record to obtain a court finding of employability, and the questioning rule attached to it is broader than the employment rule attached to an ordinary application. An employer who receives a certificate should read (N)(2)(b) rather than assume the employment rule applies.

Division (O) settles the reading and shows what the section has absorbed: "Nothing in section 2953.32 or 2953.34 of the Revised Code precludes an offender from taking an appeal or seeking any relief from the offender's conviction or from relying on it in lieu of any subsequent prosecution for the same offense." That sentence was the whole of R.C. 2953.34 in the 2012 version, taken from the state host's own version list for the section, which begins with S.B. 337 effective 28 September 2012 and whose text is a single sentence. The section now runs to fifteen divisions. Anyone working from a pre-2023 Ohio screening summary is working from the old 2953.33, and the provision they are quoting is at (N)(2)(a) now.

Cities that go further than the state

Reporting limits at a glance

Every figure below is against Ohio law. Where a row says “federal only”, the state has set nothing and 15 U.S.C. §1681c governs.

Reporting limits in Ohio
DimensionLimitSource and qualification
LookbackNone locatedNo Ohio reporting window appears in chapters 4112 or 4113, R.C. 9.73 or R.C. 3796.28, all read in full, and no state counterpart to the federal high-salary exemption was found.
Criminal history question, public employersBarred on the formR.C. 9.73(B) bars "any question concerning the criminal background of the applicant" on an application form for a state agency or a political subdivision. The section addresses the form and not an interview question, and states no penalty.
Criminal history question, private employersNo state prohibitionNot found in chapters 4112 or 4113, both read in full, and not created by R.C. 9.73, which binds public employers only. Local ordinances reported for Cincinnati, Cleveland and Akron were not read.
Sealed non-convictionNot askableR.C. 2953.34(L)(1): a person "may not be questioned with respect to any record that has been sealed or expunged pursuant to section 2953.33", and may answer as if the arrest did not occur, with protection from adverse action for the answer.
Sealed convictionAskable if directly relatedR.C. 2953.34(N)(2)(a): a person "may be questioned only with respect to convictions not sealed ... unless the question bears a direct and substantial relationship to the position for which the person is being considered".
Expunged convictionNot askableR.C. 2953.34(N)(2)(c): "A person may not be questioned in any application, appearance, or inquiry of a type described in division (N)(2)(a) of this section with respect to any conviction expunged under section 2953.35 of the Revised Code."
Certificate of qualification for employmentBroader questioning allowedR.C. 2953.34(N)(2)(b): in an application for a certificate under R.C. 2953.25, "a person may be questioned only with respect to convictions not sealed and bail forfeitures not sealed", which is wider than the ordinary employment rule.
Non-conviction arrest reporting by the repositoryThree situationsR.C. 109.57(E)(3) permits release only for an out-of-state arrest, a pending criminal action the superintendent confirms is unresolved, or an arrest the bureau cannot resolve as pending where "not more than one year has elapsed since the date of the arrest".
State repository coverageFelonies and named misdemeanorsR.C. 109.57(A)(1) covers felonies, offenses that are a misdemeanor on first offense and a felony later, and the misdemeanors described in R.C. 109.572(A)(1)(a), (A)(4)(a) or (A)(6)(a). An ordinary misdemeanor outside those lists is not a record the bureau is directed to hold.
Expunged conviction in the repositoryRetained for law enforcement employmentR.C. 2953.32(D)(5): the bureau "shall maintain a record of the expunged conviction record for the limited purpose of determining an individual's qualification or disqualification for employment in law enforcement" and "shall not be compelled by the court to destroy, delete, or erase those records".
Sealed records in a statutory checkReportedR.C. 109.572(B)(1) includes "any relevant information contained in records that have been sealed under section 2953.32 of the Revised Code" where the check was requested under one of the enumerated statutes, which include R.C. 3796.12 and R.C. 3796.13 for cannabis licensees.
Salary thresholdNone locatedNo Ohio threshold appears in the instruments read in full and no state counterpart to the federal high-salary exemption was found.
Salary historyNo state prohibitionNot found in chapter 4113, read in full. Columbus City Code Chapter 2335 prohibits the inquiry for employers with fifteen or more persons within the city.
Pay transparencyColumbus, from 1 January 2027Columbus City Code 2335.03(C) requires a reasonable salary range or scale in employment postings, and the editor's note to Ordinance No. 2898-2025 states the subsection "shall not be enforced by the city until January 1, 2027".
Credit checksNo state restrictionNot found in chapters 4112 or 4113, both read in full. The state credit-reporting article sits in chapter 1349 and regulates financial institutions rather than employment reports.
Cannabis, medical and adult useNo protection, by nameR.C. 3796.28(A)(2) and (A)(3) preserve refusal to hire, discharge, discipline and drug-free workplace and zero-tolerance policies; (A)(5) bars a cause of action; (B) makes a policy-violating discharge just cause for unemployment purposes; (C) removes it from R.C. 4112.02(A), (D) and (E).
Automated hiring decisionsNone enactedR.C. 4113.90 does not exist on the state host. H.B. 828 of the 136th General Assembly would enact it and is in House Committee.
Mayor's court recordsOutside the record systemThe Supreme Court's 2019 summary describes mayor's courts as "not courts of record", hearing "only cases involving violations of local ordinances and state traffic laws", with the mayor not required to be an attorney.

Adverse action here

The federal sequence applies unchanged: pre-adverse action notice with a copy of the report and the summary of rights, a reasonable opportunity to dispute, then the adverse action notice with the agency's details and a dispute route. The FCRA article sets it out in full. Ohio adds no state pre-request notice, no state pre-adverse action step and no state adverse action notice for a criminal-history report, because chapters 4112 and 4113 contain no consumer-reporting provision at all.

One Ohio rule changes what a letter may rely on, and it is a question rule rather than a notice rule. R.C. 2953.34(L)(1) provides that a person "may not be questioned with respect to any record that has been sealed or expunged pursuant to section 2953.33 of the Revised Code", and it goes further than a bar on the question: the person "may respond as if the arrest underlying the case to which the sealed official records pertain and all other proceedings in that case did not occur, and the person whose official record was sealed shall not be subject to any adverse action because of the arrest, the proceedings, or the person's response." An adverse action taken because a candidate answered a prohibited question by denying a sealed non-conviction is an adverse action the division addresses by name.

A sealed conviction is a different case and the letter should say so. R.C. 2953.34(N)(2)(a) permits the question "unless the question bears a direct and substantial relationship to the position for which the person is being considered", so a decision that rests on a sealed conviction has to be able to state the relationship between the question asked and the position. Where the record was expunged under R.C. 2953.35 rather than sealed, R.C. 2953.34(N)(2)(c) removes the question entirely, and reliance on an expunged conviction in a decision is reliance on a record the section says may not be asked about.

The repository's retention rule is the exposure a candidate does not expect, and it should be handled before the letter rather than after. R.C. 2953.32(D)(5) requires the bureau to keep an expunged conviction record "for the limited purpose of determining an individual's qualification or disqualification for employment in law enforcement" and provides that the bureau "shall not be compelled by the court to destroy, delete, or erase those records so that the records are permanently irretrievable". Where a report carries a conviction the candidate maintains was expunged, the exception is in the statute and the first step is to establish whether the check was a statutory check under R.C. 109.572(B)(1), which is the route that reports sealed records, and whether the position falls within the law-enforcement purpose the retention rule names.

Cannabis letters are the exception, and Ohio gives the employer a defense rather than a duty. R.C. 3796.28(A)(5) provides that nothing in the chapter "Permits a person to commence a cause of action against an employer for refusing to hire, discharging, disciplining, discriminating, retaliating, or otherwise taking an adverse employment action against a person with respect to hire, tenure, terms, conditions, or privileges of employment related to marijuana", and division (C) provides that a discharge, refusal to hire or discrimination because of marijuana use is not a violation of R.C. 4112.02(A), (D) or (E) where the use violates the employer's drug-free workplace policy, zero-tolerance policy, or other formal program or policy regulating marijuana use. The defense depends on the policy existing and being in writing, so the instrument that supports the letter is the policy and not the statute.

The public-sector rule adds one drafting consequence and no notice duty. R.C. 9.73(B) bars the question on the application form for a state agency or a political subdivision, and division (C) preserves a statement notifying an applicant of a statutory disqualification. An Ohio public employer that uses a form with a criminal-history question, and relies on division (C), has to be able to point to the provision of the Revised Code or federal law that disqualifies the individual, because the division authorizes a notice of a statutory bar and not a general question.

Screening in Ohio: what your process needs

Related states

What we do

Ohio is four court systems and a three-way sealing rule. R.C. 9.73 bans the criminal-history question on a public employer's application form and reaches a state agency, a county, a township and a municipal corporation, and it reaches no private employer at all. R.C. 2953.34 then splits sealing three ways: a sealed non-conviction is unaskable and the person may answer as if the arrest never happened, an expunged conviction is unaskable, and a sealed conviction is askable "unless the question bears a direct and substantial relationship to the position for which the person is being considered". The state repository is narrower than the courts on ordinary misdemeanors, because R.C. 109.57(A)(1) directs it to hold felonies and a named set of misdemeanors, and wider than the courts on expunged convictions, because R.C. 2953.32(D)(5) requires it to keep them for law-enforcement employment screening and forbids a court from compelling their destruction. Below the common pleas courts sit municipal courts, county courts and 286 mayor's courts that are not courts of record. Our Ohio work cites the section that sealed the record rather than the word "sealed", names the authority a bureau check was ordered under, and runs the state county by county and court by court. If your current vendor reports Ohio as one search, or reports a sealed conviction as unaskable, this is where that shows.

Sources

Last reviewed 23 September 2026. This page is checked on a quarterly cycle, because state screening law changes every legislative session. Nothing here is legal advice; see the terms of use.

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