State Info
Summary of differences between federal and state regulations
Arrest & conviction record inquiries
Applies to public employers. House Bill 56.
Effective March 23, 2016, the Fair Hiring Act required public employers to remove questions from initial employment applications regarding an applicant’s criminal history. Inquiries may be made only when an offer of employment is forthcoming.
In addition, the Department of Administrative Services policy HR-29 requires employers to notify an applicant if a job offer has been rescinded due to a criminal history and to allow the applicant an opportunity to respond. Employers may only exclude applicants on grounds of a conviction after considering a number of factors.
Certificate of qualification for employment
In June 2012, Governor John Kasich of Ohio signed into law Senate Bill 337. The new law creates a mechanism by which an individual who is subject to a “collateral sanction” (a penalty, disability, or disadvantage that is related to employment or occupational licensing as a result of the individual's conviction of or plea of guilty to an offense and that applies by operation of law in this state whether or not the penalty, disability, or disadvantage is included in the sentence or judgment) may obtain a certificate of qualification for employment that will provide relief from certain bars on employment or occupational licensing.
A certificate of qualification for employment provides an employer with immunity to a negligent hiring claim. An employer may be held liable only if it is proved that the person having hiring and firing responsibility for the employer had actual knowledge that the employee was dangerous or had been convicted of or pleaded guilty to the felony and was willful in retaining the individual as an employee after the demonstration of dangerousness or the conviction or guilty plea.
State
Contacts
Employer immunity from disclosure claims
Arrest record inquiries
Ohio Office of Criminal Justice Services
Conviction record inquiries
Ohio Office of Criminal Justice Services
Regulations
Employer immunity from disclosure claims
Ohio Revised Code - Employer immunity as to job performance information disclosures (§4113.71)
Certificate of qualification for employment
Senate Bill Number 337 (SB 337)
Arrest record inquiries
Ohio Revised Code - Sealing or expungement of record; judgement does not impose civil disabilities; admission of judgement in other proceedings (§2151.358)
Ohio Revised Code - Sealing of record of conviction or bail forfeiture (§2953.32)
Ohio Revised Code - Rights and privileges restored; answering questions (§2953.33)
Ohio Revised Code - Inquiry as to sealed records prohibited; divulging confidential information (§2953.55)
Conviction record inquiries
Ohio Revised Code - Sealing or expungement of record; judgement does not impose civil disabilities; admission of judgement in other proceedings (§2151.358)
Ohio Revised Code - Sealing of record of conviction or bail forfeiture (§2953.32)
Ohio Revised Code - Rights and privileges restored; answering questions (§2953.33)
Ohio Revised Code - Inquiry as to sealed records prohibited; divulging confidential information (§2953.55)
Federal
Contacts
Employer immunity from disclosure claims
None.
Arrest record inquiries
Equal Employment Opportunity Commission (EEOC)
Conviction record inquiries
Equal Employment Opportunity Commission (EEOC)
Regulations
Employer immunity from disclosure claims
None.
Arrest record inquiries
None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.
Conviction record inquiries
None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.