Last updated: August 2026. This guide is general information, not legal advice — consult an employment attorney about your specific situation.

Running background checks the right way protects your business from bad hires and from lawsuits. Ohio employers must satisfy two layers of rules: federal law (the FCRA and EEOC guidance) and Ohio-specific requirements. Here is what each one means in practice.

1. The FCRA: the federal foundation

The federal Fair Credit Reporting Act (FCRA) governs any background check you run through a third-party screening company (a “consumer reporting agency”). Three requirements matter most:

  • Disclosure & authorization. Before you run a check, give the applicant a standalone written disclosure that a background check will be performed — it cannot be buried inside the job application — and get their written permission.
  • Permissible purpose. You may only obtain a report for a legitimate business reason, such as evaluating a candidate for employment.
  • The adverse-action process. If you are considering not hiring someone because of the report, the FCRA requires the two-step process below.

The FCRA adverse-action steps

  1. Pre-adverse action. Before you decide, send the applicant a notice that includes a copy of the background report and the CFPB’s “A Summary of Your Rights Under the FCRA.”
  2. Wait a reasonable period. Give the applicant time (commonly about five business days) to review the report and dispute any errors.
  3. Adverse-action notice. If you still decide not to hire, send a final notice with the screening company’s name and contact information, a statement that they did not make the decision, and the applicant’s right to dispute the report.

2. EEOC guidance: avoiding discrimination

Title VII of the Civil Rights Act prohibits using criminal history in a way that creates a “disparate impact” on protected groups. The EEOC recommends employers avoid blanket “no record” policies and instead make an individualized assessment that weighs:

  • The nature and gravity of the offense;
  • The time that has passed since the offense or completion of the sentence; and
  • The nature of the job in question.

In short, a conviction should be job-related and consistent with business necessity before it costs someone a role.

3. Ohio-specific rules

Ban-the-box

Ohio’s statewide “ban-the-box” law applies to public employers, which generally may not ask about criminal history on an initial job application. Ohio does not impose a statewide ban-the-box on private employers — but local ordinances can. Notably, Cincinnati prohibits private employers with 15 or more employees from asking about criminal history on an initial application. Check the rules for each city where you hire.

Sealed and expunged records

Ohio allows many records to be sealed or expunged. Employers generally may not ask about — or base decisions on — records that have been sealed, except for specific positions defined by law. Treat a sealed record as if it does not exist unless a statute clearly permits its use.

Negligent hiring and the CQE

Ohio employers can be sued for negligent hiring if they fail to check an employee’s background and that employee later harms someone. At the same time, Ohio’s Certificate of Qualification for Employment (CQE) offers protection: if you hire someone who holds a CQE, you generally cannot be held liable for negligent hiring based solely on that person’s record. A thorough, documented screening process is your best protection either way.

Fingerprint checks (BCI / WebCheck)

Certain licensed or regulated roles — in healthcare, childcare, education, and finance — require fingerprint-based checks through the Ohio Bureau of Criminal Investigation’s WebCheck system, and sometimes an FBI check as well. If you hire for a regulated position, confirm which checks the licensing rules require.

4. A simple compliance checklist

  • Use a standalone FCRA disclosure and get written authorization.
  • Apply the same screening policy consistently to every candidate for a role.
  • Make individualized assessments; do not auto-reject on any record.
  • Follow the two-step adverse-action process, with the required notices.
  • Do not consider sealed or expunged records.
  • Check local ordinances (such as Cincinnati) wherever you hire.
  • Keep documentation of every step.

Hire with confidence

Ohio Background Check runs FCRA-compliant employment and tenant screening for employers across Ohio and nationwide, with most results back in 6–24 hours. Order a background check or contact us with any questions.

Disclaimer: This article is for general informational purposes and does not constitute legal advice. Laws change and vary by locality; consult a qualified employment attorney before setting policy.