Ohio & Mahoning Valley - When filling out a job application, it's no secret that checking that box saying you have a criminal record could affect your chances of getting hired. 

For example, on Wednesday, two people with criminal history from years ago in Mahoning County asked judges to issue forms certifying that they are eligible for employment, but their past is holding them back. 

So if you can't get a job, how can you move beyond whatever is in your past? 

Senate Bill 143 is looking to address this by banning the box, meaning employers cannot ask about criminal backgrounds on an initial employment application.

The bill states “an employer cannot include on an initial application for employment any question that seeks the disclosure of an applicant's criminal background.”

It also prevents inquiring into or considering the criminal background of the applicant.

The bill does not prevent an employer from conducting a background check, but makes them explain why they are denying someone if it is based on their criminal history.

“If an employer has a background check and they see that you do have these charges, they have to give you that initial response of ‘we think you're disqualified because you have this particular conviction or convictions,’ and give you a chance to kind of explain, 'Well, yeah, that those charges exist, but here's what you don't know,” said Joshua Baumann, Community Legal Aid attorney. “It allows people to kind of get their foot in the door. Right now, if you have an application and you're required to put on what your criminal record is, it's very easy for employers to take that application, see that you have a record, and then look no further.”

United Returning Citizens works with those looking for work after serving a sentence. They say it's about second chances. 

“They have to restart everything. So to be able to get into these jobs, whether they have experience before they were incarcerated or none at all. Opening up this opportunity would significantly benefit our clients, as well as the employers that we work with too,” said Rick Zeigler, workforce specialist for United Returning Citizens. 

Zeigler said employees they work with are often limited on the type of jobs they can get.

“Being able to get that box off of applications anyways, it just gives us more hope that our clients have more opportunities to get into different job environments,” said Zeigler.

The Ohio Chamber of Commerce is against the bill, saying the bill increases liability risks and adds new burdens on employers. Here is part of their testimony against the bill:

“…This complex, "one-size fits all" process creates significant new administrative and legal barriers to hiring reformed citizens for Ohio employers. By requiring employers to provide statements in writing on why they did not hire someone, SB 143 treats reformed citizens differently than all other job applicants and undermines at-will employment in our state. These mandatory written statements also create evidence that may establish the basis of a future lawsuit, regardless of the merits of the hiring decision. 

Furthermore, the bill fails to include employer protection for negligent hiring and supervision. This liability risk is a primary concern that discourages many businesses from expanding second-chance hiring programs. Without these protections, the combined litigation risk from both SB 143’s new mandatory interactive process for reformed citizens and existing liability exposure may result in fewer businesses establishing second chance hiring programs…”


The Ohio Council of Retail Merchants is another against the bill, saying it undermines employers’ ability to maintain a safe workplace.

The bill would affect private employers who hire five or more employees, meaning it does not include a state agency or political subdivision.