Ohio has no state consumer reporting agency law for employment or tenant screening, so background checks for jobs and apartments are governed mainly by the federal FCRA. Ohio's fair-chance law, R.C. 9.73, applies only to public employers. Since 2016, state agencies and local governments may not ask about criminal background on a job application, though they may ask later in the process. Ohio has no statewide ban-the-box rule for private employers.
Ohio's record-sealing law was rewritten by Senate Bill 288 in 2023. Ohio now has two remedies: sealing, which hides a record from most public view, and expungement, which permanently destroys it. Under R.C. 2953.34, a person may not be questioned about sealed non-conviction records and may answer as if the arrest never happened. Employers may ask only about convictions that have not been sealed, unless the question has a direct and substantial relationship to the job. Expunged convictions may not be asked about at all.
Ohio also offers a Certificate of Qualification for Employment under R.C. 2953.25. A certificate lifts automatic bars to some jobs and licenses. It also gives an employer that knew of the certificate immunity from negligent hiring claims. Tenant screening in Ohio is governed mainly by the FCRA. A screening company that reports a sealed or expunged case, or another person's record, may be liable under the FCRA.
Where Ohio FCRA cases are filed
FCRA claims are federal, so they go to a United States District Court. Cases from Ohio are heard in 2 federal districts:
- Northern District of OhioCourthouses: Akron, Cleveland, Toledo, Youngstown.Filed with local or cooperating counsel
- Southern District of OhioCourthouses: Cincinnati, Columbus, Dayton.Filed with local or cooperating counsel
Our attorneys are licensed in Texas, California, and Georgia. Where they aren't admitted in your local federal court, we work with local or cooperating counsel who are. You may also be able to sue where the company that reported you is based, in a court where our attorneys are admitted:
- Checkr: HQ in N.D. California
- First Advantage and Sterling: HQ in N.D. Georgia
- RealPage: HQ in N.D. Texas
Which court is right depends on your facts. We'll tell you at your free case review.
Ohio laws that add to the FCRA
- Public employer criminal background questions (Ohio Rev. Code § 9.73)
Public employers may not include questions about criminal background on job applications. They may still tell applicants about legal disqualifications and may ask about criminal history later in the hiring process. Read it - Questions about sealed and expunged records (Ohio Rev. Code § 2953.34)
Bars questions about sealed non-conviction records and expunged convictions on job, license and similar applications. Questions about sealed convictions are allowed only when directly and substantially related to the position. Read it - Certificate of Qualification for Employment (Ohio Rev. Code § 2953.25)
Lifts automatic bars to certain jobs and licenses and creates a presumption that the person's convictions alone do not make them unfit. An employer that knew of the certificate is immune from negligent hiring claims. Read it
Common background check errors
- Someone else's criminal or eviction record matched to you by name
- Dismissed, sealed or expunged cases still reported
- Charges reported as convictions, or misdemeanors as felonies
- The same case listed several times
- Eviction filings reported without the dismissal or outcome
Learn how these cases work on our background check lawsuits page, or read our lawsuit guides for Checkr, Sterling, HireRight, First Advantage, RealPage, SafeRent, RentGrow and TransUnion Rental Screening.
Frequently asked questions
Can an Ohio employer ask about a sealed record?
Generally, no for sealed non-conviction records and expunged convictions, and you may answer as if the arrest did not happen. Questions about sealed convictions are allowed only when they have a direct and substantial relationship to the job. If a background check company reports a sealed record, you can dispute it and may have an FCRA claim.
Can Ohio private employers ask about criminal history on the application?
Ohio's ban-the-box law covers only public employers. Private employers are not barred by state law from asking on the application. Any employer that uses a background check company must still follow the FCRA, including giving you a copy of the report before taking adverse action.
What is a Certificate of Qualification for Employment in Ohio?
It is a court-issued certificate under R.C. 2953.25 that can lift automatic bars to some jobs and licenses. It also protects employers who knew of it from negligent hiring claims, which may make them more willing to hire. It does not erase the conviction, so accurate reporting of the record is still allowed.
How long do I have to file an FCRA lawsuit in Ohio?
FCRA deadlines are the same everywhere: generally two years from when you discover the violation, and no more than five years from when it happened (15 U.S.C. § 1681p). Waiting can cost you the claim.
Sources
- U.S. District Court for the Northern District of Ohio
- U.S. District Court for the Southern District of Ohio
- Ohio Rev. Code § 1349.52 (Ohio Laws)
- Ohio Rev. Code § 9.73 (Ohio Laws)
- Ohio Rev. Code § 2953.33 (Ohio Laws)
- Ohio Rev. Code § 2953.34 (Ohio Laws)
- Ohio Rev. Code § 2953.25 (Ohio Laws)
- OBLIC, Criminal law updates effective April 2023 (SB 288)
- Bricker Graydon, New law will ban the box for public employers
- Federal Trade Commission, Credit freezes and fraud alerts
Updated November 2026. This page is general information, not legal advice.