Ohio Applicant Authorization for Reference Checks
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FAQ
You must always obtain written consent before doing any kind of criminal background check on a prospective employee. It is illegal to single out a particular candidate for a background check, so it is always best to perform a background check only after a job offer has been presented.
Ban-the-box laws prohibit employers from asking about a person's criminal history on a job application.
State of Ohio JobsThe State of Ohio has restrictions on state-sponsored positions for those that have felonies, but it is not impossible to land the job! Many Ohio state jobs (and many private sector jobs) will consider your candidacy based on the nature of the felony and the job setting.
At the present, the state of Indiana does not have a Ban the Box law, so Indiana employers can continue screening as early as practical in the hiring process.
The Ohio Senate passed House Bill 56 also known as Ban the Box legislation. This bill prohibits public employers from asking for information about an applicant's felony convictions at the time the application is submitted to the public employer.
Ohio employers are required to provide advance, written notice of their intent to conduct pre-employment background checks. The FCRA also requires employers to secure their applicants' written consent before conducting employment background checks.
Federal law does not prohibit employers from conducting background checks before an offer of employment is made. State laws, however, may have restrictions. Although in most states a standard background check can be conducted prior to an offer, a small number of states do not allow it.
A background check authorization form is a release given to allow someone else to perform credit and criminal background checks. A person that is agreeing to have their information looked up must provide consent to the requesting party.
What is the difference between the BCI and the FBI fingerprint scans? A BCI fingerprint searches only the state of Ohio. The FBI is a national database search. You can get either a BCI, FBI or both depending on the reason for the fingerprinting.
No. The bill does not prohibit public employers from inquiring about felony convictions later in the hiring process. The inquiry is only banned from the job application itself.
