Ban the Box in Ohio: Public Jobs, Private Employers, and City Rules

Ban the box in Ohio applies only to public employers. Under R.C. 9.73, state agencies and local governments — counties, townships, and cities — cannot ask about criminal history on a job application form. Private employers in Ohio are not covered by any state law on this, so a private company can legally put a conviction question on its application unless a local city ordinance says otherwise.

That split is the whole picture in one sentence, and it decides what protections you actually have before you apply.

What R.C. 9.73 Prohibits for Public Jobs

The statute defines “public employer” broadly. It reaches every state agency and every political subdivision, including counties, townships, and municipal corporations.¹ Whether you’re applying to the state Department of Transportation or a small township office, the rule is the same.

The prohibition itself is narrow. A public employer cannot include any question about criminal background on the employment application form. The ban stops there. Nothing in R.C. 9.73 prevents a public employer from asking about criminal history during a phone screen, an in-person interview, or after a conditional offer.² Each public employer picks its own timing for that question.

The statute also lets a public employer put a notice on the application telling candidates that certain positions are legally off-limits to people with particular criminal histories.¹ A notice like that is legal. A box asking you to disclose your record is not.

R.C. 9.73 does not spell out a specific penalty for violations. Enforcement runs through administrative oversight and potential legal challenges rather than an automatic fine.

Private Employers in Ohio Are Not Covered

This is the point most searchers get wrong. Ohio has not passed any state law restricting private employers from asking about criminal history at any stage of hiring. A private company in Ohio can put a conviction checkbox on the application, ask about convictions in a first interview, or run a background check before making any offer, and none of that violates state law.

Some private employers have voluntarily adopted fair-chance hiring practices. Voluntary adoption is not legal protection. If a private employer asks about your record on the application and you are not in a city with a local ordinance that reaches them, there is no state-law claim to bring.

Which Ohio Cities Have Local Rules

A few Ohio cities have gone further than state law. Cincinnati adopted a fair hiring policy for city employment that uses EEOC-style criteria. The city’s human resources department cannot reject someone solely because of a criminal record, and before deciding must consider whether the past offense relates to the job’s responsibilities, the person’s age at the time, and any evidence of rehabilitation.

Cleveland and Columbus have also been cited as having local fair-chance provisions, though the scope of those ordinances and whether they reach private employers is less well-documented. The distinction matters: an ordinance that covers only city hiring adds little beyond R.C. 9.73, while one that reaches private employers or city contractors is a genuinely different protection.

Before you apply, call the city’s human resources department or legal office and ask three questions. Does the ordinance cover private employers? Does it apply to city contractors? What is the remedy if an employer violates it?

Federal Jobs and Federal Contractors

For federal positions, or jobs with a federal contractor working on an agency’s behalf, the Fair Chance to Compete for Jobs Act bars criminal history inquiries before a conditional offer of employment.³ That is more protective than R.C. 9.73, which leaves the timing of a later inquiry up to the employer.

The federal law has carve-outs. Positions requiring access to classified information, sensitive national security roles, law enforcement positions, and dual-status military technician jobs are exempt.³ For those roles, the agency can ask up front.

Federal enforcement has real consequences. A federal employee who violates the Fair Chance Act receives a written warning on a first offense, and continued violations can lead to suspension without pay and fines up to $1,000 per infraction.⁴ If the inquiry also violates anti-discrimination law, the applicant may pursue monetary damages through a separate complaint process.

Federal Anti-Discrimination Protection That Applies Everywhere

Even where no ban-the-box law applies — including most Ohio private-sector hiring — federal anti-discrimination law sets a floor. The EEOC’s 2012 enforcement guidance says that using criminal records as a blanket reason to reject applicants can violate Title VII when it disproportionately affects protected groups.⁵

An employer screening on criminal history is expected to weigh the nature and gravity of the offense, the time elapsed since the offense or completion of the sentence, and the nature of the job sought. The EEOC also expects an individualized assessment: tell the applicant about the potential exclusion, let them explain, and consider that information before deciding.⁵ Evidence of rehabilitation — education, consistent employment after the conviction, references, government bonding — is relevant.

One line the EEOC draws sharply: an arrest alone is not proof that someone committed a crime, and excluding applicants based solely on arrest records is not job-related or consistent with business necessity.

Jobs That Still Require a Background Check

Ban-the-box laws change when an employer can ask, not whether they can ask at all. Ohio law requires criminal background checks for various occupations, including childcare workers, school employees, certain healthcare positions, and law enforcement officers. The federal Fair Chance Act likewise exempts positions where a separate statute mandates a pre-offer background inquiry.⁶

If you see a notice on a public employer’s application saying the position has statutory disqualifications based on criminal history, that notice is permitted by R.C. 9.73.¹ It is not a violation. It means the job carries its own statutory requirements that sit outside the general rule.

If an Employer Asks When They Shouldn’t

Where you file depends on the kind of violation.

If a public employer in Ohio put a criminal history question on the application itself, keep a copy of the application, note the date you applied, and keep the employer’s name and address. For discrimination claims tied to criminal record screening, the Ohio Civil Rights Commission accepts employment complaints. The statute of limitations is two years from the last occurrence of discriminatory harm, and you can file online, by mail, or in person.⁷

For a federal position, submit a written complaint to the hiring agency within 30 days of the alleged violation. Include the job announcement, the date of the prohibited inquiry, and copies of any relevant documents.³

For a local ordinance violation, contact the city’s human resources office or civil rights division. Each city handles enforcement differently, and the remedies depend on how the ordinance is written.

Sealing Your Record Instead

Ban-the-box delays the question. Record sealing can remove the answer. Under R.C. 2953.32, eligible individuals can petition to have their criminal records sealed, which keeps them off most standard background checks.⁸

Waiting periods depend on the offense:

Minor misdemeanors: six months after final discharge.
Misdemeanors and fourth or fifth degree felonies: one year after final discharge.
Third degree felonies (one or two convictions): three years after final discharge.

Not every conviction qualifies. First and second degree felonies cannot be sealed. Neither can felony offenses of violence, most sex offenses where the person remains subject to registration requirements, offenses against victims under age thirteen, or traffic-related convictions under several chapters of the Revised Code.⁸

The filing fee is $50, and courts may add a local fee of up to $50 more. A poverty affidavit demonstrating indigency waives the application fee. Pairing a sealing petition with the ban-the-box protections you already have is the strongest position for re-entering the job market, because even when an employer eventually asks, a sealed record will not surface.

1
Ohio Legislative Service Commission. Ohio Revised Code 9.73 – Public Employer Inquiries Regarding Criminal Background
2
County Commissioners Association of Ohio. Bulletin 2016-01 Ban the Box on Public Employer Employment Applications
3
U.S. Department of the Treasury. The Fair Chance to Compete Act
4
Office of Employee Advocacy. Ban the Box Applicant Rights – Fair Chance to Compete for Jobs Act
5
U.S. Equal Employment Opportunity Commission. Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII
6
U.S. Department of Health and Human Services. The Fair Chance to Compete for Jobs Act
7
Ohio Civil Rights Commission. Filing a Charge
8
Ohio Legislative Service Commission. Ohio Revised Code 2953.32