When employers are considering hiring a new employee, they’ll often request a background check to ensure they wouldn’t be put in harm’s way by hiring them. A key feature of a background check is the inclusion of a person’s criminal history, letting employers know serious crimes committed that would prohibit employment. Individuals with a sealed record may have questions about whether that information will come up in a background check or not. At Comunale Law Office, we’re here to help individuals in Ohio understand their sealed records and assist with all of their legal needs.
What Is a Sealed Record?
A sealed record is criminal or civil records that have been denied public access. The charge doesn’t disappear; however, it seems as if nothing ever happened. The legal charge still remains relevant when a record is sealed. Some states automatically expungement records, meaning the crime is completely removed from the court’s records. Additionally, some states use these terms interchangeably, however they usually refer to different ways of disclosing personal information. Ohio typically doesn’t abide by expungement and instead seals criminal records. Ohio classifies a criminal record that’s been sealed as having never occurred, though it’s still in court records.
Will a Sealed Record Come Up in a Background Check?
Typically, a sealed record will not come up in a background check in Ohio. This can be helpful for individuals who are applying for jobs, getting a home, or any other event that would need a background check. There are instances where individuals may have access to sealed records, which would come up in a background check.
If an individual in Ohio is attempting to apply for jobs, they don’t need to disclose that they have a sealed record. However, some sealed records may still be available for employers to view if it directly correlates with the job. Ohio law states that employers are not to question potential employees about their sealed record unless it pertains to the position. For example, if an individual is applying for a job working with children and they have a criminal charge relating to children, the employer can ask questions about the charge. Additionally, if an individual is involved in another crime or investigation, the courts may open their sealed records.
Few individuals are permitted to look at an individual’s sealed records, dependent on the needs of the individual and the crime which took place. For example, if the crime was related to a sex offense, the State Attorney General’s office may be permitted to see the record to classify the crime as a sex offense. However, in most cases, a sealed record will not come up in a background check.
Contact Our Team Today
If you have questions regarding sealed records for Ohio background checks, contact our team today. We can help you understand Ohio’s laws regarding sealed records and help with all of your legal needs. We look forward to hearing from you soon.