Ohio ban-the-box law: R.C. 9.73 for public employers, sealed records and recruiters

Ohio's ban-the-box law covers public employers only. R.C. 9.73, in force since March 23, 2016, bars state agencies and political subdivisions (counties, townships, cities and other local public bodies) from putting any criminal background question on their job application forms. Ohio has no statewide law that restricts when private employers may ask about criminal history, as of October 2026, but every employer is limited by R.C. 2953.34, which keeps sealed and expunged convictions out of applications and interviews. We found no city ordinance that adds a timing rule for private employers.

Does Ohio have a ban-the-box law for private employers?

No. R.C. 9.73 defines a public employer as "a state agency or a political subdivision of the state," and nothing in it reaches private companies. We found no other Ohio statute that sets a stage of hiring before which a private employer may not ask about criminal history. Ohio's 2017 statute on employer policies, R.C. 4113.85, deals with hours, scheduling and fringe benefits and does not mention criminal history or hiring questions.

What private employers do have to follow is the sealed and expunged record rule. Under R.C. 2953.34(N)(2), in any application for employment or other inquiry "a person may be questioned only with respect to convictions not sealed," unless the question "bears a direct and substantial relationship to the position," and no one may be asked about a conviction that has been expunged. So a private Ohio employer can ask about convictions, but the question must leave out sealed records (unless the job meets that relationship test) and expunged ones. Our Ohio background check laws guide covers sealing, expungement and the Certificate of Qualification for Employment, which gives employers a defense to negligent hiring claims.

What does R.C. 9.73 require of public employers?

House Bill 56 of the 131st General Assembly enacted R.C. 9.73. Division (B) says "no public employer shall include on any form for application for employment with the public employer any question concerning the criminal background of the applicant." Division (C) lets the employer include a statement on the form notifying applicants of any provision of the Revised Code or federal law that disqualifies people with certain criminal histories from a particular position.

The statute is narrow in three ways worth knowing:

• It covers the application form. It does not address interviews, conditional offers or when a background check may run.
• It sets no assessment or notice. There is no individualized assessment, preliminary notice or response period in the section.
• It covers every level of government. Because political subdivisions include counties, townships and municipal corporations, every Ohio city's and county's own job application is covered by state law, whether or not the city has a policy of its own.

Some cities go further for their own hiring. Dayton's code, for example, says that except for police and fire positions its civil service "will not conduct a background check until a contingent offer of employment is extended by the city" (Dayton Code 39.02).

Do Ohio cities have ban-the-box rules for private employers?

We did not find one. We searched the codes of Columbus, Cincinnati, Dayton and Akron on Municode for criminal history rules in employment and found none that limits private employers or city contractors; the Columbus result is a 1988 rule requiring background checks on firefighter applicants. We did not check the Cleveland or Toledo codes, which are published elsewhere, so ask a client in those cities whether it is a city contractor with its own terms.

If your client is a city, county or township, its own forms fall under R.C. 9.73, and it may have a written policy on when it runs checks. Ask for it.

When can you ask about criminal history in Ohio?

Some jobs need checks no matter what. Schools must request Bureau of Criminal Identification and Investigation checks on applicants, and nursing homes and similar facilities must check applicants for direct care positions; the background check guide lists the statutes. Those are the cases where the "direct and substantial relationship" test in R.C. 2953.34 is most likely to allow a question about sealed records.

What federal rules still apply?

Title VII still applies to how a record is used, including its disparate impact provision in 42 U.S.C. § 2000e-2(k). The EEOC rescinded its 2012 guidance on arrest and conviction records on October 28, 2026, but a job-related review using the Green factors from the 1975 Eighth Circuit case (the nature and gravity of the offense, the time since it and the nature of the job) is still the safe practice. If a screening company prepares the report, the FCRA's disclosure, authorization, pre-adverse action and adverse action steps apply; see the FCRA background check process. Federal contractors also have the Fair Chance to Compete for Jobs Act, which bars requesting criminal history for contract-related positions before a conditional offer; see ban-the-box laws and interview questions.

Are any Ohio ban-the-box bills pending?

We did not identify a bill in the 136th General Assembly (2025–2026) that would extend R.C. 9.73 to private employers. Check the Ohio Legislature's site before relying on this.

What should recruiters and staffing agencies do in Ohio?

R.C. 2953.34 applies to "any application for employment" and "any other inquiry," so an agency's own forms and screens must respect it as much as the client's. Agency licensing is a separate matter, covered in staffing agency licensing in Ohio.

Questions to settle at intake

• Is the client a state agency, county, township, city or other public body? If so, its application may not ask about criminal background at all.
• Does a statute require a check for this job, or disqualify people with certain offenses? Which one?
• Does the client's application ask about convictions in a way that reaches sealed or expunged records?
• Is the client a city contractor with hiring terms in its contract?
• Who orders any check, who reviews it against the job, and who sends the FCRA notices?

A short script

Candidate volunteers a record: "Thanks for telling me. Criminal history isn't part of my screen, so I won't note it. If the employer runs a check, that's a separate step later and you'd see anything they rely on."

Candidate asks whether to mention a sealed case: "Ohio law generally doesn't let employers ask about sealed records, and never about expunged ones. I'm not asking about either, and I'd check with your lawyer on anything specific."

County client wants a conviction checkbox on the form: "Ohio's R.C. 9.73 doesn't allow criminal background questions on a public employer's application. The form can state which laws disqualify people from this job, and the background check can come later."

An Ohio checklist

1. Remove criminal background questions from every public-sector client's application, keeping only a statement of any law that disqualifies people from the position.
2. For private clients, word any conviction question to exclude sealed and expunged records.
3. Keep criminal history out of recruiter screens and notes; see what not to write in interview notes.
4. Route checks through the FCRA steps and a written, job-related review; our fair chance hiring policy template is a starting point.
5. For the broader state hiring checklist, see hiring employees in Ohio; for neighbors, see Pennsylvania and Michigan.

Ohio ban-the-box rules at a glance