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Conducting Criminal Record Checks in Ohio

Filed under Office & HR.

Employers in Ohio are permitted or required to conduct criminal record checks in accordance with these rules.

In an employment application, a person may not be questioned about any arrest for which the records were expunged or any record that has been sealed.

Ohio law also protects employees from disclosing whether they have been arrested or convicted for a minor misdemeanor drug offense because such an arrest or conviction does not constitute a criminal record.

The following are required to conduct a criminal record check for each person under final consideration for employment in which there is direct contact with older adults:

  • nursing homes
  • resident care facilities
  • county and district homes
  • homes for the aging
  • adult care facilities
  • adult day care programs
  • hospice care programs
  • home health agencies

The criminal record check is done through the Bureau of Criminal Identification and Investigation.

Employers hiring child care personnel must obtain criminal background information about the applicants.

Child care administrators and personnel are required to sign a statement of non-conviction and to undergo a criminal history check as a condition of licensure and employment. Persons operating a family day care home are also required to provide a statement of non-conviction and undergo a criminal history check.

Any individual employed as a teacher at an alternative school operated by a nonprofit or for profit entity is subject to background checks in the same manner as an individual employed by a school district.

Ohio employers holding contracts with the United States or any of its departments or agencies that contain nondiscrimination clauses may require an employee or applicant for employment to furnish documentary proof of citizenship and may use fingerprint identification for security purposes.

Ohio has ratified the National Crime Prevention and Privacy Compact.

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