Ban the Box in Ohio: R.C. 9.73, Coverage, and Limits

Ban the box in Ohio applies only to public employers. Under R.C. 9.73, state agencies, counties, townships, and cities cannot ask about your criminal history on a job application form. Private employers in Ohio face no equivalent state rule, so a private company can legally put a conviction question on its application unless a local city ordinance says otherwise.

What R.C. 9.73 Actually Prohibits

The statute defines “public employer” to include any state agency or political subdivision, which covers counties, townships, and municipal corporations.¹ Every level of Ohio government falls under the rule, from a state department down to a local township office.

The prohibition is narrow. No public employer can include a criminal background question on the employment application itself. Nothing in the statute stops that employer from asking later in the process, whether during a phone screen, an in-person interview, or after a conditional offer.² The timing is up to each employer.

The law does let public employers add a notice on the application telling candidates that certain positions are legally off-limits to people with particular criminal histories.¹ The employer can flag the restriction. It just can’t ask you to disclose your record on the form.

One gap worth knowing: R.C. 9.73 contains no specific penalty for violations. It tells public employers what they cannot do but doesn’t set out fines or a dedicated remedy. Enforcement runs through administrative oversight and any legal claims an applicant can bring under other laws.

Private Employers Are Not Covered

This is the point that trips up most job seekers. 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 its application, ask about your record in the first interview, or run a background check before making any offer.

Some private employers voluntarily adopt fair-chance hiring practices, and certain national companies have their own ban-the-box policies. That’s a company choice, not a legal protection. If a private employer in Ohio asks about your record on the application and you’re outside a city with a local ordinance, no state-law claim is available to you.

Local Ordinances Can Go Further

Several Ohio cities have adopted their own fair-chance hiring rules. Cincinnati adopted a fair hiring policy for city employment that borrows from EEOC criteria: the city’s human resources department cannot reject an applicant based solely on 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 of the offense, and any evidence of rehabilitation.

Cleveland and Columbus have also been cited as having local fair-chance provisions, though the exact reach of those ordinances, and whether they extend beyond city hiring to private employers or city contractors, varies. A local ordinance that only covers city government adds little to what R.C. 9.73 already provides. One that reaches private employers or contractors creates genuinely new protection.

If you’re job-hunting in a specific Ohio city, check with that city’s human resources department or legal office. The questions that matter: does the ordinance cover private employers, does it apply only to city contractors, and what happens if an employer violates it?

Federal Jobs and Federal Contractors

If you’re applying for a federal position or a job with a federal contractor in Ohio, a separate rule applies. The Fair Chance to Compete for Jobs Act prohibits federal agencies and contractors acting on their behalf from requesting criminal history information before a conditional offer of employment.³ This ties the timing to the conditional-offer stage rather than leaving it to the employer’s discretion.

The federal law carves out exceptions. 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, agencies can ask about criminal history before any offer.

Enforcement is real. A federal employee who violates the Act receives a written warning for the first offense. Continued violations can result in suspension without pay and fines up to $1,000 per infraction.⁴ If the inquiry also violates anti-discrimination law, you may pursue monetary damages through a separate complaint process.

The EEOC Standard That Applies to Every Employer

Even where no ban-the-box law reaches, federal anti-discrimination law provides a floor. The EEOC’s enforcement guidance holds that using criminal records as a blanket rejection can violate Title VII when it disproportionately affects protected groups.⁵

The guidance turns on three factors:

The nature and gravity of the offense. A minor theft carries different weight than an embezzlement charge, and the employer should evaluate what actually happened rather than the charge name alone.
The time that has passed since the offense or completion of the sentence. A decade-old conviction with no follow-on issues stands on different ground than a recent one. Permanent exclusions based on any criminal history do not meet the business necessity standard.
The nature of the job sought. A financial fraud conviction is more relevant to a banking position than to a warehouse role. The offense has to actually relate to the duties, environment, and level of supervision.

An employer who screens out an applicant based on a record should provide an individualized assessment: tell you about the potential exclusion, let you explain the circumstances, and consider that information before finalizing the decision.⁵ Rehabilitation efforts, consistent post-conviction employment, character references, and bonding under a government program are all relevant.

The EEOC also draws a sharp line on arrests. An arrest alone is not proof a crime occurred, and rejecting an applicant based solely on an arrest record is not job-related or consistent with business necessity.

Jobs That Still Require Pre-Offer Background Checks

Ban-the-box laws change when an employer can ask, not whether. Certain Ohio positions require criminal background checks by statute, and no fair-chance rule overrides that. Childcare workers, school employees, certain healthcare positions, and law enforcement officers all fall in this category. R.C. 9.73 itself contemplates this by letting public employers post a notice on applications that certain roles have statutory disqualifications.¹ Seeing that notice doesn’t mean the employer is breaking the law. It means the position carries separate requirements.

Federal roles work the same way. The Fair Chance Act exempts positions requiring access to classified information, national security designations, law enforcement roles, and any position where a separate statute mandates a pre-offer inquiry.⁶

If a Public Employer Asks Anyway

If you believe a public employer violated R.C. 9.73, or the underlying criminal-record screening looks like discrimination, keep copies of the application itself, the date you applied, and 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 federal positions, the Fair Chance Act has its own process. You must submit a written complaint to the hiring agency within 30 days of the alleged violation, with details on the job announcement, the date of the prohibited inquiry, and copies of relevant documents.³

For local ordinance violations, contact the city’s human resources office or civil rights division. Enforcement varies by municipality.

Consider Record Sealing Alongside

Ban-the-box delays when an employer can ask. It does not make your record disappear. Under R.C. 2953.32, eligible people can petition to seal a criminal record, which removes it from most standard background checks.⁸

Waiting periods run from final discharge:

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

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. If sealing is available to you, it does something ban-the-box cannot: when an employer eventually asks, a sealed record won’t be there to find.

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