Federal Law (FCRA)
The Fair Credit Reporting Act (FCRA) establishes the federal minimum requirements for employment background checks, including disclosure and authorization requirements, consumer rights, and the adverse action process. Many states impose additional requirements that employers must also follow.
Read FCRA Overview →Ohio: Key Requirements
Scroll to view all requirements below.
Ban the Box / Fair Chance Hiring
Ohio's ban the box law applies only to public employers, prohibiting them from including any criminal history question on a job application. Private employers may ask about criminal history on the initial job application and at any stage of the hiring process.
Criminal Record Lookback Period
Ohio has no state law limiting how far back a criminal background check can go. Employers must follow the federal FCRA baseline.
Reporting Restrictions
Ohio has not adopted a mini FCRA or other comprehensive state consumer reporting law. Employers must follow the federal FCRA baseline.
Expunged / Sealed Records
Ohio primarily uses record sealing, which hides a conviction from most background checks without destroying it, rather than true expungement, which is reserved for a narrower set of categories. An applicant whose record has been sealed or expunged may lawfully answer as though the case never occurred, and an employer may not take adverse action based on it.
Salary History Ban
Ohio does not have a statewide salary history ban. Employers may ask applicants about their previous pay, unless they are hiring in a city with its own local ordinance.
*Cincinnati, Columbus, and Toledo prohibit employers with 15 or more employees from asking about or relying on salary history.
Credit Report Restrictions
Ohio does not restrict an employer's use of consumer credit reports in hiring decisions.
Bankruptcies
Ohio has no state law limiting the reporting of bankruptcies. Employers must follow the federal FCRA baseline.
Civil Judgments & Lawsuits
Ohio has no state law limiting the reporting of civil judgments or lawsuits. Employers must follow the federal FCRA baseline.
Tax Liens & Collections
Ohio has no state law limiting the reporting of paid tax liens or collection accounts. Employers must follow the federal FCRA baseline.
Marijuana / Drug Testing Protections
Ohio legalized recreational marijuana in 2023, but the law mirrors the state's existing medical marijuana law and provides no employment protections. Employers do not have to accommodate marijuana use, possession, or distribution, may enforce a zero tolerance drug policy, and may refuse to hire, discipline, or discharge someone for marijuana use. A discharge for marijuana use in violation of an employer's policy is considered a discharge for just cause, which can affect unemployment eligibility.
Pre-Adverse Action Notice & Waiting Period
Ohio has no state law setting a specific waiting period before taking adverse action. Employers must follow the federal FCRA baseline.
Adverse Action Notice Requirements
Ohio has no state law adding to the federal adverse action notice process. Employers must follow the federal FCRA baseline.
Authorization Requirements
Ohio has no state law governing background check authorization. Employers must follow the federal FCRA baseline.
Individualized Assessment
No statute. EEOC guidance under Title VII applies.
Childcare Screening
Ohio requires a state and federal fingerprint based background check, including a sex offender registry check, for owners, employees, and staff members at licensed child care centers and family child care homes, renewed at least once every 5 years.
Unless otherwise noted, the information on this page applies to private sector employment. Government employers and certain regulated industries may be subject to additional or different requirements.
Local Ordinances That May Apply
Click a jurisdiction below to view full details.
Cincinnati, OH Applies to 15+ Employees
Prohibits covered employers from asking about or relying on an applicant's salary history, and requires employers to provide a pay range on request once a conditional offer has been made.
Toledo, OH Applies to 15+ Employees
Prohibits covered employers from asking about, screening on, or relying on an applicant's salary history, and requires a pay range be provided on request once a conditional offer has been made.
Columbus, OH Applies to 15+ Employees
Prohibits covered employers from asking about or relying on an applicant's salary history. Violations can result in civil penalties of $1,000 to $5,000 per violation.
This list reflects known local ordinances at the time of publication and may not be exhaustive. Employers should confirm requirements for every city or county where they hire.
What This Means for Employers
Ohio gives employers wide latitude statewide, but local ordinances add real requirements in several major cities. To stay compliant:
Provide a clear disclosure and obtain written authorization before running a background check. If hiring in Cincinnati, Toledo, or Columbus, do not ask about or rely on an applicant's salary history. Do not ask about or consider sealed or expunged criminal records. Run the required fingerprint based background check before hiring for any childcare role. Follow the FCRA's pre-adverse and final adverse action process before denying employment based on a report. Marijuana use does not need to be accommodated for any applicant or employee; zero tolerance policies are fully enforceable.Non-compliance can result in civil penalties, damages, and legal liability under both state and local law.
Download the Ohio Quick Reference Guide
Get a printable, one-page comparison of FCRA vs. Ohio law.