Past arrests, charges, and convictions that show up on background checks have the power to prevent people from jobs, housing, and other lifelong necessities. Depending on the type of background check, domestic violence charges may be included.
So it’s important to understand the circumstances in which domestic violence charges appear on a background check, as well as whether it’s possible to have them removed.
Below, experienced Ohio defense attorney Max Hiltner explains.
What types of background checks exist in Ohio?
Whether or not past criminal charges appear on a background check will depend on the type of check that an employer, school, or individual is asking for.
There are three general types of background checks in Ohio:
- Criminal history reports
- Employment verification reports
- Education verification reports
The first type of background check, criminal history reports, includes a person’s criminal record. This may be required for job and housing applications.
Employment verification reports check on a person’s employment history and do not include a criminal record. Hiring managers and other employers typically use this report to check that a candidate was truthful on their resume or CV.
Finally, education verification reports also exclude a person’s criminal record. This report focuses on someone’s educational background, including their attendance dates, degrees, etc.
What shows up on Ohio background checks?
As mentioned above, the type of Ohio background check that includes a criminal record is the criminal history report.
Here is the information that can be included in a criminal history report in Ohio:
- Arrest date(s) and case number(s)
- Charge or charges
- Disposition of the charge(s) (e.g. convicted, acquitted, charges dismissed, etc.)
- Severity of the charge (e.g. misdemeanor or felony)
- Sentence
So if you have been arrested for, charged with, or convicted of domestic violence in Ohio, this will appear on your criminal history report background checks.
This is the case even if you were found not guilty. In this case, the report will include the information that you were arrested and tried in court, but that the court acquitted you of the charges.
How long will domestic violence charges show up on Ohio background checks?
There are a few situations in which domestic violence charges may not appear in your background checks.
First, according to ORC § 2953.32, some eligible offenders can petition the court to have their criminal records sealed or expunged. This is only applicable in certain specific situations. If you have had your records sealed, expunged, pardoned, or erased, then employers are not allowed to ask about them.
Second, there is a seven-year lookback period under the Fair Credit Reporting Act. This means that background screenings cannot contain information about civil judgements, liens, bankruptcies, collection records, or arrests that occurred over seven years ago.
However, convictions may be included even if they occurred more than seven years prior. So if you were arrested for domestic violence, but not convicted, that charge will not appear in your background checks after seven years. If you were convicted, it may still appear.
Also, if you are applying to a position that pays $75,000 or more, the seven-year lookback period may no longer apply.
Finally, Ohio has a ban-the-box law. This keeps public-sector employers (i.e. those hiring for federal, state, or local government agencies) from asking about criminal history early on in the hiring process.
Protect your rights with an experienced Ohio defense attorney
A domestic violence charge can impede your employment and housing opportunities for years to come. Work with a team of experienced trial lawyers in order to protect your rights and negotiate the best deal possible. Hiltner Trial Lawyers can offer that kind of vigorous representation.
Contact us today to schedule a free consultation.
