Ohio background check laws for employers

Ohio’s ban-the-box law covers public employers only, so private employers can ask about criminal history at any stage, within the limits on sealed and expunged records. They still keep sealed and expunged records out of decisions, follow the FCRA steps, and may keep drug-free policies that include cannabis.

Reviewed November 6, 20263 min readBy the PROFID team

  • Noneban-the-box law for private employers
  • Yesemployers may refuse to hire for cannabis use
  • 3 yrson a standard BMV driving record
  • $5state fee for a driving record

The FCRA sets the process in Ohio

Ohio's ban-the-box law, in force since March 2016, covers public employers only. Private employers can ask about criminal history at any stage, but only about records they may lawfully consider. Local policies, such as Cuyahoga County's, cover public jobs as well.

When the employer uses a background check company, the federal Fair Credit Reporting Act applies: a clear written disclosure, the candidate's written authorization, a copy of the report and the FCRA Summary of Rights before an adverse decision, and an adverse action notice after it.

Where Ohio rules apply in a hire
  1. 01Job ad
    • No statewide rules on ad wording
  2. 02Application and interview
    • Criminal questions allowed
    • Sealed and expunged records stay out
  3. 03Offer and check
    • FCRA disclosure and authorization
  4. 04Assessment
    • Job-related review
    • Drug-free policies allowed
  5. 05Pre-adverse notice
    • Report copy and Summary of Rights
  6. 06Final decision
    • FCRA adverse action notice

Records Ohio employers can't use

Ohio separates sealed records from expunged ones. Employers generally can't ask about arrests or cases that were sealed or expunged without a conviction, and the person may answer as if they never happened.

For sealed convictions, an employer may ask only about those with a direct and substantial relationship to the job. Expunged convictions are protected more fully. Narrow exceptions exist for jobs where a law gives access.

Cannabis and drug testing

Adult-use cannabis is legal in Ohio, but the law keeps employers' rights: they can refuse to hire for cannabis use, keep drug-free and zero-tolerance policies and enforce drug testing. Federal transportation rules continue to apply.

Reporting limits and driving records

Ohio has no separate limit on how far back a report can go. Under the federal FCRA, convictions can be reported regardless of age; most other negative records are limited to seven years, except for jobs paying $75,000 a year or more.

The Ohio Bureau of Motor Vehicles charges $5 for a driving record in PROFID's published fee table. The standard abstract covers three years. Personal information is released only for a permitted purpose or with the driver's notarized consent.

What an Ohio check costs

Court and records fees in OhioFrom PROFID’s published passthrough fee table

$5state driving record fee

No Ohio court access fees are listed in the table. Court and data fees can change when courts change them.

PROFID's packages are $27.99, $49.99 and $74.99 per candidate on the review date; current prices are on the pricing page. On top of the package comes $5 for a driving record. See what drives the cost of a background check and the full passthrough fee table.

FAQ

Can Ohio employers ask about criminal history on a job application?

Yes. Ohio's ban-the-box law covers public employers only. Private employers can't ask about sealed or expunged cases, except for sealed convictions directly related to the job.

How far back does a background check go in Ohio?

Ohio has no state limit of its own. Under the FCRA, convictions can be reported regardless of age, and most other negative records for seven years. Sealed and expunged records are left out.

How long does a candidate have to respond to a pre-adverse action notice in Ohio?

No Ohio law sets a number of days. The FCRA requires the report copy and Summary of Rights before the final decision, and many employers wait at least five business days.

Can an Ohio employer refuse to hire someone for cannabis use?

Yes. Ohio's cannabis law keeps employers' right to refuse to hire for cannabis use and to enforce drug-free and testing policies.

How much does a background check cost in Ohio?

The package price plus passthrough fees. PROFID's packages are $27.99 to $74.99 per candidate, and a driving record costs $5.

Screen Ohio candidates with PROFID

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General information as of November 6, 2026, not legal advice. Coverage depends on the work location, employer size, role and records involved, and laws and fees change. Check the rules for each place where your employees work before relying on them. Fees are from PROFID's fee table, version April 22, 2026.

Sources

Statutes, agency pages and law firm summaries current on the review date. Fees from PROFID’s passthrough fee table, updated April 22, 2026.