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Legislators in Ohio are considering a bill that would create restrictions on when employers inquire about and how they utilize criminal record reports.

Senate Bill 143

Ohio’s Senate Bill 143 (SB143) is a proposed Ban the Box law that defines an employer as “any entity that employs five or more people.” If the bill is signed into law, covered organizations would not be permitted to:

• Include questions on their job applications that ask if the applicant has any criminal records.
• Consider arrest records that did not result in convictions.
• Interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided by the bill.

Background Checks Are Still Encouraged

SB143 does not discourage organizations from running comprehensive background checks on prospective employees. Employers rely on these reports when they are making informed hiring decisions, maintaining safe workplaces and conducting due diligence practices.

At Backgrounds Online, we think of background reports as economical and effective insurance policies. They are essential tools that help hiring managers determine whether a person is qualified and properly credentialed for a position or if they have a serious criminal history that might indicate they pose an undue risk to the business, staff or public.

Assessing Criminal Records

SB143 also says employers must individually assess any criminal records that are returned during a background screening to determine whether they warrant an adverse action. For this requirement, the following must be considered:

• The nature and gravity of the offense or conduct.
• The amount of time that has passed since the offense was committed or conduct occurred and how much time has passed since the individual completed their sentence.
• The nature of the job held or sought and whether it relates to the offense(s).

Before taking an adverse action, employers would be required to:

• Inform the candidate about what they are considering.
• Provide an opportunity for the candidate to produce evidence which challenges the accuracy of a background report or provides proof of rehabilitation, mitigating circumstances, or both.

Applicants would then be granted five days to respond. If the candidate follows up within that time to indicate they wish to file a dispute, then they must be given an additional five days to gather their supporting evidence.

Employment Background Checks

If your organization is in need of background checks for employment purposes, please contact us. Our friendly, experienced team can help you customize screening packages that suit your specific needs, comply with relevant laws and meet industry standards.

Backgrounds Online is accredited by the Professional Background Screening Association (PBSA) and a leader in our industry with 25 years of experience. We are a service first company that can help manage all of your screening needs. Based in California, we’re available to assist you Monday through Friday from 5am to 6pm PT.