What may be reported on a state criminal history search?
- Jurisdiction where record is recorded
- Case number
- Filing date
- Degree of offense, such as a misdemeanor
- Disposition date
Criminal Record Usage Restrictions
In addition to federal non-discrimination statutes, some states legislate additional rules governing how employers can consider criminal records. Though Ohio has not instituted many other restrictions, there are some essential facts to know. We’ve outlined them below.
Arrest Records: Only records of arrest that have been ordered expunged or placed under seal by court order are disallowed from consideration by employers. It is permissible to inquire into and use all other arrest records.
Conviction Records: Employers may consider conviction records with few restrictions. Some convictions, such as felony fraud, are automatic disqualifiers for public job roles. Private employers may not inquire into sealed or expunged records, but Ohio law makes exceptions for convictions that would directly impact the ability to perform a job satisfactorily. In such cases, employers may ask applicants to disclose even an expunged conviction.
Ban the Box: As of March 2016, all public employers within Ohio, from the state to the city level, may not include criminal history questions on job applications. This law supersedes a previous patchwork of local ban the box rules applied to municipal job roles. The state has not extended the law to include any private employers, and no such regulations exist at the local level, either.