A criminal record shouldn’t prevent someone from seeking gainful employment. All too often, an application is discarded, and the door to opportunity closes before the candidate has a chance to explain who they are today. Ohio’s ban-the-box law addresses this by removing criminal history questions from initial applications. By restricting criminal history questions on public employment applications, the state shifts early hiring decisions toward skills and experience rather than past mistakes.

What Does “Ban the Box” Really Mean?

Ohio is one of many states that have passed ban-the-box laws. The term “ban-the-box” is often used interchangeably with “fair chance hiring”. The purpose of these laws is to remove questions about an applicant’s criminal history from the initial application.

The goal is to give individuals with a criminal record the same employment opportunities as those without. It encourages employers to focus on qualifications and skills. That way, people have a better opportunity to reintegrate into society, reducing recidivism. This is especially important in Ohio, where one in three people has a criminal record.

Ohio’s Ban the Box Law: The Statute

Under Ohio Revised Code Section 9.73, public employers may not include criminal background questions on employment applications. The law applies to state and local government employers. It does not apply to private employers. However, there may be another similar law that does apply to private employers.

Ban the box laws do not entirely prevent public employers from asking about an applicant’s criminal history. It just moves these questions to later in the process. Public employers may conduct background checks and inquire about criminal history after reviewing the applicant’s qualifications or extending a conditional offer.

What the Law Does and Does Not Do

While Ohio’s ban-the-box laws provide broad protections for individuals applying for public jobs, they don’t offer complete protection. Candidates are on the same playing field for the initial application, but they will eventually need to explain their criminal history.

The law doesn’t prohibit employers from running background checks. It also doesn’t prevent employers from considering an applicant’s criminal record later in the process if it’s necessary for safety or legal compliance. The law also does not force or require employers to hire applicants with a disqualifying conviction.

How This Affects Job Applicants in Ohio

When applying for a public-sector job in Ohio, applicants can expect not to be asked about their criminal history during the initial application. However, they should prepare to answer questions later in the process. When applying to private-sector jobs, applicants may see questions relating to criminal history. The state law doesn’t require private employers to comply with ban-the-box laws. However, there may be a city or county law similar to it that applies to certain private employers.

Even when ban-the-box laws do not apply, federal guidance still plays a role in how employers should use criminal history information. The Equal Employment Opportunity Commission has issued guidance warning that blanket exclusions based on criminal records may result in unlawful discrimination. Employers are encouraged to consider the nature of the offense, how long ago it occurred, and its relevance to the job.

While EEOC guidance does not create automatic liability, it can become relevant when an employer’s hiring practices disproportionately affect certain groups or lack individualized assessment. Job applicants who believe a criminal background check was used unfairly or inconsistently may have legal options beyond Ohio’s ban-the-box statute alone.

What Job Seekers Should Know About Their Rights

When applying for public-sector jobs, applicants with a criminal history should be aware of their rights. Start by reading job postings carefully. Be aware of which positions can and cannot ask for criminal history up front. Understand when and how a criminal background check will occur. If you believe that an employer violated Sec 9.73 or one of your other rights, don’t hesitate to speak with an employment discrimination attorney.

Applicants should also be cautious about volunteering criminal history information before it is requested. While honesty is important, early disclosure on an application that does not ask for such information may undermine the protections the law is designed to provide. Waiting until the appropriate stage of the hiring process allows applicants to present their qualifications first, as intended under Ohio law.

Protect Your Employment Rights

Securing a job with a criminal record can feel like an insurmountable challenge. It’s challenging even with protections like Ohio’s ban-the-box law in place. While the law helps level the playing field at the outset, it does not prevent employers from making unlawful decisions later in the process. Knowing when a hiring practice crosses the line is key to protecting your rights.

Lalak LLC helps Ohio job applicants understand their rights under state and federal employment laws and addresses hiring practices that cross legal boundaries. If you believe an employer improperly considered your criminal history or violated fair hiring requirements, contacting an experienced employment attorney can help you understand your options. Contact Lalak LLC online today or call 440-209-2746 to schedule a free, confidential, no-obligation consultation with an experienced employment attorney and learn how we can assist you.