State law · For employers

Ohio background check laws for employers

What Ohio law says about background checks for employment, beyond the federal Fair Credit Reporting Act (FCRA). Each section shows the rule, who it covers, its exceptions and the law it comes from.

Reviewed Oct 20, 2026
Primary sources
5 laws cited

At a glance

The Ohio rules on each topic, in one line. Federal law applies to every topic.

Topic	Ohio rule
Criminal history questions	No state rule. Federal law applies.
Limits on what a report includes	No state rule. Federal law applies.
Sealed and expunged records	Sealing and expungement are by application to the sentencing court (R.C. 2953.32, as rewritten by S.B. 288 effective April 4, 2023).
Credit checks	No state rule. Federal law applies.
Salary history	No state rule. Federal law applies.
Cannabis	Adult-use cannabis has been legal since December 7, 2023 (Issue 2).
Drug testing procedures	No statute constrains private-employer drug-testing procedures.
State consumer reporting law	No state rule. Federal law applies.

Sealed and expunged records

Who it covers: All employers (effect of sealing); courts and applicants (procedure)

In force since: April 4, 2023

Sealing and expungement are by application to the sentencing court (R.C. 2953.32, as rewritten by S.B. 288 effective April 4, 2023). Waits after final discharge: six months for minor misdemeanors, one year for misdemeanors and fourth- and fifth-degree felonies, three years for up to two third-degree felonies; expungement is available six months after discharge for minor misdemeanors, one year after discharge for other misdemeanors, and ten years after the sealing-eligibility date for eligible felonies. Non-conviction records (dismissals, acquittals, no bills) are sealed or expunged under R.C. 2953.33. Effect on employers (R.C. 2953.34): a person may be questioned only about convictions not sealed; an applicant may not be questioned about a sealed or expunged non-conviction record and may answer as if the arrest and proceedings never occurred. Employers that must run checks under listed statutes may still see sealed records. No automatic sealing for adults. New since March 20, 2026 (S.B. 56, R.C. 2953.321): a person convicted of, or charged and dismissed for, minor marijuana possession under R.C. 2925.11(C)(3)(a) or (C)(7)(a)-(b), or possession of up to 15 grams of hashish, before that date may apply at any time to have the record expunged; the court holds a hearing 45 to 90 days after filing.

Exceptions

R.C. 2953.34(N)(2) and (L): questions required by the listed statutes (for example, positions working with children, older adults, or in law enforcement) where sealed records remain available
Offenses that may not be sealed under 2953.32(A) (not re-verified)

R.C. 2953.34(N)(2)(a) · R.C. 2953.34(L)(1) · R.C. 2953.34(L)(1) · R.C. 2953.32(B)(1) · R.C. 2953.32(B)(1)(a)(ii) · R.C. 2953.32(B)(1)(b)(iii) · R.C. 2953.321(B) (enacted by S.B. 56, 136th G.A., effective March 20, 2026)

Cannabis use and testing

Who it covers: All employers in Ohio

In force since: March 20, 2026

Adult-use cannabis has been legal since December 7, 2023 (Issue 2). S.B. 56 (136th G.A.), effective March 20, 2026, folded adult use into R.C. Chapter 3796 and rewrote the employer section, R.C. 3796.28, to cover marijuana generally. Nothing in the chapter requires an employer to permit or accommodate an employee’s use, possession or distribution of marijuana; bars refusing to hire, discharging, disciplining or taking other adverse action because of marijuana use; or stops drug-testing, drug-free workplace or zero-tolerance policies. Federal employment restrictions, including U.S. DOT testing, are untouched. No cause of action lies against an employer for such action. A person fired for marijuana use that violated a written policy is treated as discharged for just cause for unemployment benefits, and the discharge is not disability discrimination under R.C. 4112.02.

R.C. 3796.28(A) · R.C. 3796.28(A)(1) · R.C. 3796.28(A)(2) · R.C. 3796.28(A)(3) · R.C. 3796.28(A)(5) · R.C. 3796.28(B) · R.C. 3796.28(C) · codes.ohio.gov, R.C. 3796.28 header · Am. Sub. S.B. 56 (136th G.A.), enrolled, Sec. 3796.28(B)

Drug and alcohol testing procedures

No statute constrains private-employer drug-testing procedures. The Bureau of Workers’ Compensation Drug-Free Safety Program (R.C. 4123.54, Ohio Adm. Code 4123-17-58) is voluntary and sets testing standards only for employers that enroll for a premium rebate.

We checked this against an unofficial copy of the law. The official text was not freely available online. Check the official code before you rely on it.

Where federal law alone applies

We found no Ohio rule for private employers on these topics. The FCRA and other federal laws still apply.

Criminal history questions
Limits on what a report includes
Credit checks
Salary history
State consumer reporting law

Local rules

Some places in Ohio add their own rules. A local rule applies on top of the state rule.

Cincinnati (city). Salary history ban (Cincinnati Municipal Code ch. 804, Ord. 0083-2019 passed March 13, 2019, effective March 13, 2020, 365 days after it became law). Employers with 15+ employees in the city may not ask about, screen on, or rely on an applicant’s salary history, or retaliate for non-disclosure. After a conditional offer the employer must give the pay scale on reasonable request. Exemptions: law-authorized reliance, internal transfers, voluntary disclosure, background checks that incidentally reveal pay, rehires within five years, collective bargaining, externally certified employers, other governments. Private right of action; two-year limit. Cincinnati Municipal Code 804-01 to 804-09
Toledo (city). Pay Equity Act (Toledo Municipal Code ch. 768, Ord. 173-19 passed June 26, 2019, effective 365 days after it became law, June 25, 2020). Employers with 15+ employees in the city may not ask about, screen on, or rely on salary history, or retaliate for non-disclosure; must give the pay scale on request after a conditional offer. Exemptions mirror Cincinnati’s (law-authorized reliance, internal transfers, voluntary disclosure, incidental background-check disclosure, rehires within five years, collective bargaining, other governments). Toledo Municipal Code 768.01 to 768.05
Columbus (city). Salary history ban and pay transparency (Columbus City Code ch. 2335, Ord. 0709-2023 adopted March 13, 2023, effective March 1, 2024; amended in full by Ord. 2898-2025 adopted November 3, 2025). Employers with 15+ employees in the city may not ask about, screen on, or rely solely on salary history, or retaliate for non-disclosure. Since the 2025 amendment, job postings must state a reasonable salary range; the city will not enforce that posting rule until January 1, 2027. Exemptions: law-authorized reliance, internal transfers and promotions, voluntary disclosure, incidental background-check disclosure, rehires within three years, collective bargaining. Complaints go to the Community Relations Commission; civil penalties under 2331.05. Columbus City Code 2335.01 to 2335.05
Cleveland (city). Unlawful Discriminatory Salary Practices (Cleveland Codified Ordinances ch. 669, Ord. 104-2025 passed April 28, 2025, effective October 27, 2025). Employers with 15+ employees in the city may not ask about, screen on, or rely solely on salary history, or retaliate for non-disclosure, and must include the salary range or scale in any job posting. Exemptions: law-authorized reliance, internal transfers, voluntary disclosure, incidental background-check disclosure, rehires, collective bargaining, other governments. Administered by the Fair Employment Wage Board; civil penalties after a 90-day cure window. Cleveland Codified Ordinances 669.01 to 669.99

Coming changes

Laws already passed that take effect later.

From January 1, 2027. Columbus Ord. 2898-2025: salary range required in job postings; city enforcement of the posting rule begins January 1, 2027. Columbus City Code 2335.03(C); Ord. 2898-2025 sec. 3

Every state’s changes, in date order: What changed.

Adverse action notices

Before you reject or act against someone because of a background check report, the FCRA requires a pre-adverse action notice, a wait, and then a final notice. The adverse action letter generator writes both notices and adds the Ohio requirements where they apply.

The waiting period calculator gives the date under the federal rule.

Paperwork at hire

Besides the federal Form I-9 and W-4, Ohio sets these for each new hire.

State withholding. Have each new hire complete Ohio form IT 4 on or before the first day of work and keep it in your records; do not send it to the Department of Taxation. Form IT 4
New hire report. Report each new hire to Ohio within 20 days; some independent contractors must be reported too. State new hire reporting
Notices at hire. Employer contact information at hire.
E-Verify. Since March 20, 2026, nonresidential construction contractors, subcontractors and labor brokers must run each employee hired for work on a nonresidential construction project through E-Verify, keep the record for 3 years after hire or 1 year after termination (whichever is later), and may not keep employing a worker after a final nonconfirmation. Other private employers are not required to use E-Verify.

Build the new hire checklist for Ohio, with city rules, special cases and a due date for each item.

Sources

Last reviewed October 20, 2026 · General information, not legal advice.

After the hire

Once a background check clears, payroll and onboarding come next. Rippling (paid link) runs payroll, benefits and onboarding from one employee record.