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Pre-employment background screenings serve as a valuable resource for employers to gather essential details regarding a potential employee’s identity, criminal record, employment and educational background, and qualifications. However, ensuring compliance with Ohio’s background check regulations and fair hiring statutes can pose difficulties. Discover further insights into the components of an Ohio background check, the process of obtaining one, and the legal considerations impacting your investigation.
Employers frequently utilize background checks to aid in making well-informed hiring choices, pinpointing candidates who align well with their company culture. In Ohio, employers have the option to either conduct background checks independently or collaborate with a third-party service provider offering various screening solutions, facilitating access to necessary information while ensuring swift, precise, and lawful outcomes. Continue reading to delve into how Ohio employers leverage pre-employment background checks and the procedures involved in conducting them within your organization.
In the hiring process, employers in Ohio often employ background checks to gather additional information about job applicants, volunteers, and independent contractors.
These checks typically encompass:
- National, federal, state, and county criminal background checks to identify felony and misdemeanor convictions.
- Verification of employment and education to authenticate a candidate’s employment history, academic achievements, and qualifications.
- Credit assessments to evaluate a candidate’s credit history, including any instances of collections or bankruptcies.
- Examination of motor vehicle records to gain insights into a candidate’s driving record and license status.
- Civil court investigations to uncover civil judgments such as lawsuits and bankruptcies.
Certain positions may mandate criminal background checks by law, such as those involving childcare or elder care. Credit checks are customary for roles within banking, finance, or positions entailing fiscal responsibility. Additionally, driving records are obligatory for commercial driving roles regulated by the Department of Transportation and may be recommended for any employee whose job entails driving.
How Far Back Does A Background Check Go In Ohio?
The timeframe for how far back an employment background check in Ohio can legally extend depends on two main factors: the type of background check being performed and whether it’s conducted through a Consumer Reporting Agency (CRA) or independently.
Background checks facilitated by a CRA adhere to the guidelines set forth in the federal Fair Credit Reporting Act (FCRA). Under the FCRA, a seven-year lookback period applies to arrests that did not result in convictions, as well as to liens, collections, civil judgments, and bankruptcies. However, these time constraints do not apply to positions offering a salary of $75,000 or more, nor do they apply to checks conducted directly by employers (as opposed to through a CRA). Notably, criminal convictions may be reported indefinitely under the FCRA, irrespective of their age.
In Ohio, motor vehicle record abstracts for both commercial and non-commercial drivers typically cover a span of three years.
When verifying a candidate’s educational background, credentials, licensing, and employment history, the extent of the search can vary. Independently conducted checks can go back as far as necessary. However, if conducted through a CRA, these searches may be limited to a seven-year history.
FBI vs BCI Background Checks In Ohio
The FBI and the Ohio Bureau of Criminal Investigation (BCI) both offer fingerprint-based criminal background checks for employment purposes in Ohio. However, there are distinctions between an FBI background check and a BCI Ohio background check.
Both the FBI and BCI conduct fingerprint-based criminal background checks through the Ohio BCI. These screenings involve matching fingerprints with state and county arrest records. The primary difference lies in the coverage area: a BCI search is confined to the state of Ohio, while an FBI check extends nationwide.
Certain positions that necessitate fingerprint-based criminal history searches may specify either an FBI search, a BCI search, or both. For instance, counselors, social workers, marriage and family therapists, as well as licensed, certificated, or credentialed school employees, and registered nurses seeking licensure in Ohio may be required to undergo both FBI and BCI criminal background checks.
When hiring for such positions, it’s advisable to consider collaborating directly with the FBI or BCI. Many Consumer Reporting Agencies (CRAs), including Rapid Hire Solutions, do not offer fingerprint-based criminal background searches.
Partnering with a CRA might offer a more comprehensive and accurate criminal history assessment of job candidates. Fingerprint background checks have limitations due to potentially incomplete, outdated, or inaccurate data, often stemming from arrests. Since arrests don’t always lead to convictions, relying solely on arrest records could result in misleading conclusions or unconscious biases in the hiring process.
CRAs utilize a blend of private databases and direct courthouse access to obtain authentic court records, focusing on final dispositions rather than arrests. Moreover, CRAs typically restrict the information included in background reports to ensure compliance with the Fair Credit Reporting Act (FCRA). This approach helps mitigate unconscious biases in hiring and ensures equitable treatment of candidates. Additionally, CRAs are likely to deliver results more promptly. While a background check conducted through BCI can take 30 days or longer with no expedited option, CRAs often provide turnaround times of one to three business days for criminal background checks, although timing may vary.
Ohio Background Check Laws
Employers conducting background checks in Ohio must adhere to the Fair Credit Reporting Act (FCRA) while also ensuring compliance with state and local background check regulations.
Ohio enforces a statewide ban-the-box law, known as the Ohio Fair Hiring Act (HB 56), applicable to all public sector employers. This legislation prohibits public sector employers from inquiring about an applicant’s criminal background on a job application. According to the law, public sector employers are barred from broaching the subject of an applicant’s criminal background until extending a conditional job offer. Furthermore, before taking any adverse action based on information obtained from an Ohio criminal background check, public sector employers are mandated to conduct an individualized assessment.
Specific regulations pertain to candidates with sealed court records. Individuals with a criminal conviction or who have forfeited bail may have the option to seal their records from public view. Ohio background check laws explicitly forbid employers from soliciting information about a candidate’s sealed records. Candidates are entitled to respond to inquiries as if the sealed convictions or bail forfeitures never transpired.
Moreover, numerous cities and counties across Ohio have established local screening ordinances that could affect employers and candidates based on their geographical location. These regulations encompass fair hiring practices and ban-the-box provisions. When uncertain, employers may opt to adhere to the most stringent laws to mitigate potential liabilities.
County Resource
BUTLER COUNTY
Butler County, situated to the north of Cincinnati, boasts a population of 390,357 Ohioans. Among its most populous cities are Hamilton, Middletown, Upper Arlington, and Oxford. Notably, Oxford hosts Miami University, where 18,800 out of 23,535 residents are enrolled, a university ranked among the top 50 national public universities by US News & World Report.
Public Information & Records:
CUYAHOGA COUNTY
Cuyahoga County stands as a significant urban county encompassing Cleveland, renowned for being the home of the Browns, the Cavaliers, the Guardians, and the Rock & Roll Hall of Fame. Over 1.2 million residents reside in Cuyahoga County, predominantly in Cleveland, Parma, and Lakewood. Major employers in the Cleveland area include the world-renowned Cleveland Clinic, Progressive Insurance, and Sherwin-Williams.
Public Information & Records:
Local ban-the-box laws apply to public sector employees in both Cuyahoga County and the city of Cleveland.
FRANKLIN COUNTY
Franklin County, Ohio’s most populous county with over 1.3 million residents, is home to its capital, Columbus, alongside major cities such as Dublin and Grove City. Hosting one of the largest universities in the US, Ohio State University, Franklin County boasts nearly 60,000 undergraduate and graduate students, fostering a vibrant arts, theater, museum, and cultural scene, as well as a thriving local economy.
Public Information & Records:
A local ban-the-box law applies to public sector employees in Franklin County.
HAMILTON COUNTY
Hamilton County, housing Cincinnati, recognized as the top place to live in Ohio by US News & World Report, celebrates its museums, professional sports teams, and diverse culinary scene as hallmarks of its livability. With a population of 304,548, Cincinnati stands as the largest city in Hamilton County, followed by Delhi and Riverside.
Public Information & Records:
Local ban-the-box laws apply to public sector employees in both Hamilton County and the city of Cincinnati.
LICKING COUNTY
Licking County, positioned 40 minutes east of Columbus and named after the Licking River, has a population of 178,519 residents, with nearly 50,000 residing in its county seat, Newark. Notable for its Native American earthworks, remnants of which still endure, Licking County maintains its rural and small-town atmosphere over the years. Following Newark, Pataskala and Heath are its most populous cities.
Public Information & Records:
A local ban-the-box law applies to public sector employees in the city of Newark.
LORAIN COUNTY
Lorain County, a part of the Cleveland metropolitan area, boasts a population of 312,964 residents, with many residing in its largest city, Lorain. Once dubbed “Steel City” for its steel mill, Lorain now houses Ford Motor Company’s Lorain Assembly Plant. Other notable cities include North Ridgeville and Avon Lake. Lorain County is also home to Oberlin College and Conservatory.
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LUCAS COUNTY
Lucas County, with a total population of 431,279, harbors around 270,000 residents within its boundaries. Toledo, often referred to as “Glass City” due to its historical significance as a commercial glassmaking hub, serves as its primary urban center. Situated to the east by Lake Erie and southeast by the Maumee River, Lucas County boasts a notable amount of waterfront and even beachfront access, which is somewhat uncommon for a landlocked state. Among the prominent brands rooted in Toledo is Jeep, originating as Willys-Overland Motors in 1945.
Public Information & Records:
A local ban-the-box law applies to public sector employees in Lucas County.
MAHONING COUNTY
Mahoning County, inhabited by 228,614 individuals, features Youngstown as its largest city. Nestled halfway between Cleveland and Pittsburgh, Youngstown stands as a quintessential city within the nation’s Rust Belt, actively engaged in rejuvenating its economy. Youngstown State University contributes significantly to the area’s vitality, welcoming approximately 11,000 students annually and catalyzing a resurgence of downtown businesses.
Public Information & Records:
A local ban-the-box law applies to public sector employees in the city of Youngstown.
MONTGOMERY COUNTY
Montgomery County ranks as the fifth most populous in Ohio, boasting a population of 537,309 residents. Dayton serves as its largest urban center, succeeded by Kettering and Huber Heights. Dayton holds historical significance as the birthplace of aviation, attributed to the pioneering efforts of Orville and Wilbur Wright. Presently, the area hosts the Wright-Patterson Air Force Base, providing employment opportunities for over 27,000 individuals.
Public Information & Records:
A local ban-the-box law applies to public sector employees in the city of Dayton.
STARK COUNTY
Stark County, situated south of Akron, occupies a strategic position at the apex of the triangle formed by Cleveland, Columbus, and Pittsburgh. Canton, its largest city, boasts the Pro Football Hall of Fame and stands as the birthplace of the National Football League. Other notable cities within Stark County include Massillon and Alliance. The county’s primary industries encompass education and health services, manufacturing, trade, transportation, and utilities, as well as professional and business services, along with leisure and hospitality.
Public Information & Records:
Local ban-the-box laws apply to public sector employees in the cities of Alliance, Canton, and Massillon.
SUMMIT COUNTY
Summit County, named for its position as the highest point along the Ohio and Erie Canal, lies as an urban county to the south of Cleveland. Akron, its largest city, earned renown as the “Rubber Capital of the World” and serves as the headquarters for companies like Goodrich Tire Company and the Goodyear Tire & Rubber Company. Akron features a historic arts district and proudly claims NBA superstar LeBron James as a hometown hero.
Public Information & Records:
Local ban-the-box laws apply to public sector employees in both Summit County and the city of Akron.
TRUMBULL COUNTY
Trumbull County, positioned north of Youngstown in the northeastern region of the state, accommodates 201,977 residents. Warren, its largest city and county seat, holds the distinction of being the first US city to install streetlights and is the birthplace of Packard automobiles. Following Warren, other notable cities within Trumbull County include Niles, Hubbard, and Cortland.
Public Information & Records:
A local ban-the-box law applies to public sector employees in the city of Warren.
Get An Ohio Background Check With Rapid Hire Solutions
Employers in Ohio seeking to enhance their hiring decisions through background checks, while ensuring legal compliance, can streamline the process by partnering with a reputable Consumer Reporting Agency (CRA) such as Rapid Hire Solutions. With over 100 screening options available, Rapid Hire Solutions provides employers with a user-friendly online platform and FCRA-trained support, facilitating a smooth process from initiation to completion. For further information on background checks with Rapid Hire Solutions, please contact our sales team.
DISCLAIMER
The resources provided here are for educational purposes only and do not constitute legal advice. We advise you to consult your own counsel if you have legal questions related to your specific practices and compliance with applicable laws