At-a-Glance Compliance Overview

State Mini-FCRA Laws

Ohio does not maintain a consumer reporting statute comparable to the “mini-FCRA” laws adopted in states such as California, Massachusetts, or Colorado.

Employment background checks obtained from consumer reporting agencies are governed primarily by the Fair Credit Reporting Act (15 U.S.C. §1681 et seq.).

Employers using third-party background screening providers must comply with federal requirements, including:

• providing a clear written disclosure before obtaining a consumer report
• obtaining written authorization from the applicant or employee
• providing pre-adverse action and adverse action notices when information in a consumer report influences an employment decision.

Criminal Record Reporting Rules

Ohio does not impose state-specific reporting limits on criminal convictions in employment background checks.

Convictions

Criminal convictions may generally be reported without time limitation under FCRA §605(a)(5).

Non-Convictions

Under the Fair Credit Reporting Act, consumer reporting agencies generally may not report arrests or other adverse non-conviction information that is more than seven years old, subject to federal salary threshold exceptions.

Record Sealing / Expungement

Ohio provides mechanisms for sealing and expungement of certain criminal records.

Relevant statutes include:

Ohio Rev. Code §2953.32 – Sealing of record
Ohio Rev. Code §2953.39 – Expungement

Eligible individuals may:

• petition to seal certain misdemeanor and non-violent felony records
• seek expungement for limited offenses after waiting periods.

Sealed or expunged records are generally not available for public background checks, and applicants may lawfully respond as if the records do not exist.

Fair Chance / Ban-the-Box Law

Ohio has not adopted a statewide ban-the-box law affecting private employers.

Private employers may inquire about criminal history during the hiring process, including on initial job applications.

However, local ordinances may impose stricter requirements.

Credit Check Rules

Ohio does not restrict employer use of credit reports for employment purposes.

Employers may obtain credit reports if they comply with the Fair Credit Reporting Act, including:

• disclosure
• authorization
• pre-adverse action notice
• adverse action procedures.

Cannabis Use and Drug Testing Rules

Ohio permits both medical and recreational marijuana use.

However, Ohio law does not require employers to accommodate marijuana use.

Employers may:

• maintain drug-free workplace policies
• prohibit marijuana use during work hours
• discipline employees for positive drug tests or workplace impairment.

Pay Equity and Salary History Rules

Ohio does not maintain a statewide salary history ban or pay transparency law affecting private employers.

However, local ordinances may impose compensation-related requirements.

Local Fair Chance or Screening Ordinances

Cleveland – Fair Chance Hiring Ordinance

Cleveland has enacted a fair chance hiring ordinance that applies to private employers within the city.

Key requirements include:

• employers may not inquire about criminal history on the initial job application
• criminal history inquiries permitted only after the applicant is otherwise qualified
• employers must conduct a job

Columbus – Fair Chance Hiring Ordinance

Columbus has enacted a fair chance hiring ordinance affecting private employers within the city.

Key requirements include:

• criminal history inquiry permitted only after a conditional offer of employment
• employers must conduct a job-related evaluation of criminal history
• adverse decisions must be supported by job-related considerations.

Local Pay Transparency Ordinance

Columbus – Pay Transparency Requirement

Columbus has enacted a pay transparency ordinance requiring compensation disclosures in job postings.

Key requirements include:

• applies to employers with 15 or more employees
• requires disclosure of salary or wage ranges in job postings
• applies to positions performed within Columbus.

Key Statutes

• Record Sealing – Ohio Rev. Code §2953.32
• Expungement – Ohio Rev. Code §2953.39

Employer Compliance Checklist

Employers conducting background checks in Ohio should implement several compliance practices.

• Follow federal Fair Credit Reporting Act disclosure, authorization, and adverse action requirements when ordering background checks.

• Confirm whether hiring activities occur in Cleveland or Columbus and apply local requirements accordingly.

• Delay criminal history inquiries as required by local ordinances.

• Evaluate criminal history using job-related criteria in covered jurisdictions.

• Ensure sealed or expunged records are not considered in employment decisions.

• Apply criminal history screening policies consistently to reduce discrimination risks.

• Include compensation ranges in job postings where required by Columbus law.

• Maintain clear workplace drug testing policies addressing marijuana use and workplace impairment.