Pre-employment background screenings provide valuable insights for employers, helping them gather crucial details about a potential employee’s identity, criminal history, educational qualifications, and work experience. However, navigating Ohio’s background check regulations and fair hiring laws can be challenging. This guide explores the components of an Ohio background check, the process for obtaining one, and the legal considerations employers must keep in mind.

Employers use background checks to make well-informed hiring decisions and ensure that candidates align with their company’s values and needs. In Ohio, employers can either conduct these checks independently or partner with third-party providers to facilitate access to necessary information, ensuring swift, accurate, and legally compliant outcomes. Continue reading to learn more about how Ohio employers leverage background checks and the procedures involved.

What Is an Ohio Background Check?

In Ohio, background checks are a common tool used by employers to assess job applicants, volunteers, and independent contractors. These checks typically include the following:

• Criminal Background Check: A review of national, federal, state, and county criminal records to identify felony and misdemeanor convictions.
• Employment Verification: Authentication of a candidate’s past employers, job titles, and employment dates.
• Education Verification: Validation of academic achievements and credentials.
• Credit History Check: An evaluation of a candidate’s credit report, including any bankruptcies or collections.
• Motor Vehicle Records (MVR): A review of driving records to assess license status and any violations.
• Civil Court Records: A search for civil judgments, lawsuits, and bankruptcies.

Certain positions in Ohio require mandatory background checks. For instance, jobs in childcare, elder care, and certain healthcare fields require criminal background checks. Roles in banking, finance, or those with fiscal responsibilities often require credit checks, while commercial drivers must provide motor vehicle records as part of the screening process.

How Far Back Does a Background Check Go in Ohio?

The lookback period for Ohio background checks depends on the type of check and whether it is conducted through a Consumer Reporting Agency (CRA) or independently.

When using a CRA, the federal Fair Credit Reporting Act (FCRA) governs the lookback period. Under the FCRA, arrests that didn’t result in convictions, civil judgments, liens, bankruptcies, and collections can only be reported for the past seven years. However, these time limits do not apply to positions with salaries of $75,000 or more, or to checks conducted directly by the employer (without a CRA). Notably, criminal convictions can be reported indefinitely under the FCRA.

For motor vehicle records, Ohio typically limits the search to the past three years, whether for commercial or non-commercial drivers.

When verifying educational and employment history, the extent of the search can vary. For CRA-conducted checks, these searches are usually limited to seven years. However, if the checks are performed independently, they can cover a longer timeframe, depending on the employer’s needs.

FBI vs. BCI Background Checks in Ohio

In Ohio, both the FBI and the Ohio Bureau of Criminal Investigation (BCI) offer fingerprint-based criminal background checks, but there are some key differences between the two.

• BCI Background Check: This check covers only criminal records within Ohio. It uses fingerprints to match against state and county arrest records.
• FBI Background Check: This check provides a broader view, covering nationwide criminal history.

Certain positions, such as counselors, social workers, and licensed healthcare professionals, may require both an FBI and BCI background check.

While BCI can take 30 days or longer with no expedited option, CRAs typically provide faster turnaround times (one to three business days). However, CRAs offer more comprehensive criminal background checks by blending private databases and courthouse access. This can provide more accurate results, focusing on final convictions instead of arrests, which are often incomplete or outdated.

Partnering with a CRA like Identify Background Checks can offer a more comprehensive and efficient solution, ensuring thorough and legally compliant background checks.

Ohio Background Check Laws

Employers conducting background checks in Ohio must follow both federal and state laws, including the FCRA and Ohio-specific regulations.

Ohio Fair Hiring Act (Ban-the-Box Law)

The Ohio Fair Hiring Act (HB 56), also known as the state’s ban-the-box law, prohibits public sector employers from asking about a candidate’s criminal background on job applications. Employers may only inquire about criminal history after making a conditional offer of employment. Furthermore, before making a hiring decision based on a criminal record, public sector employers are required to conduct an individualized assessment, considering factors like the nature of the offense and the applicant’s rehabilitation.

While this law applies to public employers, private employers are encouraged to adopt similar practices.

Sealed Records and Background Checks

Ohio law also prohibits employers from requesting information about sealed criminal records. Individuals who have sealed records, such as dismissed charges or convictions, are not required to disclose them, and employers cannot inquire about sealed convictions or forfeited bail.

Local Ordinances

In addition to statewide laws, many cities and counties in Ohio have local ordinances that impose stricter fair hiring practices or ban-the-box provisions. Employers must be aware of and comply with these local regulations to avoid legal issues. It’s often advisable for employers to follow the most stringent rules to reduce the risk of liability.

By understanding and adhering to these laws, Ohio employers can ensure that they are conducting background checks legally and fairly, providing a compliant and equitable hiring process.