OJPC-CQE-Workbook.pdf - The Legal Aid Society of Columbus

The Ohio Justice & Policy Center’s

CQE Workbook

A step-by-step guide to applying for a Certificate of Qualification for Employment

Version 2/17/2015

Check that you have the most up-to-date version by visiting http://bit.ly/OJPC-CQEworkbook

OJPC

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OJPC provides trainings and useful resources similar to this one for lawyers, reentry and workforce-development professionals, and oth-ers all for free. Please consider supporting OJPC:

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The Ohio Justice & Policy Center’s CQE Workbook

Version 6/10/2014

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What would a CQE do for me? Before diving into this long process, you probably want to know what a CQE is and why it might be valuable to you. This is how CQEs work:

CQEs erase two effects of criminal records. 1. Erasing job barriers Many Ohio laws prevent people with criminal records from getting certain gov-

ernment-issued licenses or from working in certain jobs. These legal barriers are sometimes called collateral sanctions or the civil impacts of criminal convictions.

When the law imposes a mandatory restriction — one that absolutely prevents the person with the specific criminal record from working or being licensed in that field — a Certificate of Qualification for Employment creates flexibility. Instead of relying on the blanket restriction (for example, a rule that says no one with a particular criminal record can ever receive a particular license), the state agency that governs that field of employment is required to individually assess someone with a CQE to determine whether they are fit for the job.

The CQE can only remove the specific barriers that the applicant names in their application. It does not remove all job barriers under Ohio—only those you choose.

The CQE does not guarantee the job or license — it allows, but does not require, the agency to let you into this field of employment.

2. Erasing employer fear The #1 reason employers run criminal-record checks and do not hire people with

criminal records is because they are afraid that, if the new employee does some-thing bad in the future, the employer will get sued.

When a job applicant has a CQE, the employer can be confident they won’t get sued in that way. The CQE creates immunity from negligent-hiring lawsuits.

CQEs do not erase the criminal record. Not “expungement” CQEs are a new way to overcome job barriers in the law and employer fear. They

are not in any way related to getting your criminal record sealed or expunged.

Once you get a CQE, state licensing agencies and employers will still be able to see all your convictions on a background check.

CQEs are available to far more people than criminal-record sealing (“expungement”); the eligibility rules for CQEs are much more wide open.

Ohio Justice & Policy Center CQE Workbook, v. 4/2/2014 | 1

Roadmap for Your Application Getting a CQE takes time and dedication

This workbook is designed for someone with a criminal history who wants to apply on their own or for attorneys or other professionals who intend to help applicants through at least part of the CQE process. Here’s what you can expect:

Step 1 (p. 4–7)

Identify the barriers you want relief from • Think through the kinds of jobs you are, or might

become, qualified for. Where do you want to work?

• Gather info about all your criminal offenses.

• Use http://CIVICCohio.org to pinpoint the laws that are creating job barriers for you.

Before you begin (p. 3) Are you allowed to apply? Do you need help?

• Waiting periods depending on the offense(s) that are the cause of your job barriers.

• CQEs are not effective if you have a federal offense or are trying to overcome a federal-law job barrier.

• There is a limited list of severe offenses that bar you from getting CQE only for healthcare-related licenses.

• Decide if you need a lawyer or some other kind of help

Step 6 (p. 20) Wait for JRO approval, then file in court

• The CQE law requires most applicants to first have their applications screened by the Depart-ment of Rehabilitation and Corrections. DRC does this using “Justice Reinvestment Officers” or JRO’s.

• You must wait for the JRO to send you an email indicating that they are satisfied that your applica-tion is complete.

• You print off the complete application from https://drccqe.com and file it in the court of common pleas for the county where you live.

• The court for each county has a different filing fee. If you do not have enough income to pay for the filing fee, you have a right to ask for the fee to be waived.

Steps 2–5 (p. 8–19) Apply for a CQE online

• You must submit your application online using DRC’s website for CQE applications: https://drccqe.com.

• After you create your account on that website, there is a lengthy, multi-part form to complete. You may need an attorney’s advice to answer some of the legal or technical questions.

Step 7 (p. 20) Court investigation and possible hearing

• The court will gather information from every other Ohio court where you have a conviction. There is no time limit on the investigation process.

• After the court completes its investigation, it has 60 days within which to make a decision.

• The prosecutor may object and may also seek input from any crime victims from your past offenses.

• The court is not required to hold a hearing, but many choose to.

Step 8 (p. 21) CQE granted! (Or not.)

• If the court decides in your favor, it will issue an order to DRC to give you a CQE. The court or-der is not the CQE.

• You must go back to https://drccqe.com to print off the actual CQE.

• You or any employer can verify the current validi-ty of your CQE at http://www.drc.ohio.gov/web/cqe.htm.

• If the court denies your CQE, you can appeal. Or, the court may put conditions on your reapplying, such as completing certain programs or waiting longer to demonstrate your rehabilitation.

The complete and most recent version of this CQE workbook can be viewed and downloaded at

http://bit.ly/OJPC-CQEworkbook

2 | CQE Workbook, v. 6/10/2014 Ohio Justice & Policy Center

http://civiccohio.org/

https://drccqe.com/

https://drccqe.com/

https://drccqe.com/

http://www.drc.ohio.gov/web/cqe.htm

http://bit.ly/OJPC-CQEworkbook

Before you begin: Are you allowed to apply? Do you need help?

Before you begin the long process of applying for a CQE, first make sure that you are eligible to apply at all (or yet)…

[a] State or federal? CQEs only work if you have state criminal offenses, not federal. Also, the employment barrier you are trying to overcome must be in state law, not federal. If a federal offense or a federal job restriction is causing you problems, a CQE will not help.

[b] Waiting periods, felony vs. misdemeanor. You must wait 1 year from the final discharge of your last felony or 6 months from the final discharge of your last misdemeanor. Final discharge means the date you were completely done with paying all fines, done with any jail or prison term, and done with probation or parole.

If you’re not past that waiting period yet, you cannot apply today.

Even if you can’t apply today, you are welcome to use the rest of this packet to begin thinking through everything you’ll need to apply for a CQE when your waiting period is past.

[c] Limited exclusions. There are some state-law barriers that you can never get relief from using a CQE. You can read the exact, complete list in Ohio Revised Code § 2953.25 (C)(5)

• Sex-offender registration and related duties;

• Certain driver’s license suspensions;

• Job restrictions to become a prosecutor or law-enforcement officer

• Job and license restrictions for healthcare professions only, if you were convicted of, received treatment in lieu of conviction for, Aggravated Murder, Murder, Vol-untary Manslaughter, Felonious Assault, Kidnapping, Rape, Sexual Battery, Gross Sexual Imposition, Aggravated Arson, Aggravated Robbery, Aggravated Burglary, Unlawful Distribution of Abortion-Inducing Drug;

• Job and license restrictions for any healthcare profession if you are found to be ad-dicted to drugs or have illegally distributed drugs, even if you were not criminally convicted;

• Restrictions on working in pain clinics;

• Mandatory healthcare-license restrictions if you are in default on your child-support obligations.

[d] Do you need a lawyer? After looking through at least Step 1 (p. 4–7), consider whether you need help from an attorney or someone else who has been trained to help with CQE applications. Your local legal aid may have attorneys that work on these. Find your local legal aid by calling 1-866-529-6446 or visiting the website www.ohiolegalservices.org.


http://www.ohiolegalservices.org/

Step 1: Identify the barriers you want relief from

Where do you want to work? Look back at the page 1 of this workbook. As it says there, a CQE will only remove the

specific job barriers that you name in your application. In order to name specific job barriers, you first need a sense of specific jobs that you are interested in and that you have some hope of getting. This means you need to reflect on your job history, your skills and education, and your career goals. This entire step 1 is the most legally technical part of the process, which is why you may want to consult a lawyer. Spending time on this thinking up front will make your CQE petition much stronger throughout all the other steps, especially once your petition is being considered by a judge (step 7, p. 20)

[1a] Answer any of these questions you find helpful in narrowing down your choices:

• What kinds of jobs have you had in the past? Where are you working now?

• What field of employment do you want to work in? Do you have any experience or transferable skills related to that job?

• What school or training are you in, or have you gone to, for a particular kind of job? What job were you training for?

• What special license, degree, or certification do you need to get the job you want?

• Even if your preferred job(s) are not specifically healthcare related—for example, food service, construction, or computer-network administration—do you want to have the option of doing those jobs in a healthcare facility, or in any facility that serves children or the elderly? Describe any of these special settings where you’d like to work.


What’s on your criminal record? [1b] To identify the specific legal barriers that apply to you, you also need to name all of your

criminal offenses, from any state. You can rely on your memory, a court clerk’s website (such as www.courtclerk.org for Hamilton County, Ohio offenses), or a printed criminal-history document. Record every conviction on your record here:

Name of offense

Misdemeanor or Felony? M / F Year County Case number

You will be typing all of this into

your online CQE application. See step 3e, p. 11.


http://www.courtclerk.org/

Find the legal barriers that apply to you [1c] OJPC has created two tools to help you pinpoint the exact state laws that are creating

barriers to your desired career — the barriers that the CQE will lift. These tools are only a starting place and cannot substitute for a professional legal opinion. YOU MAY NEED TO CONSULT WITH A LAWYER TO COMPLETE THIS STEP CORRECTLY.

i. Quickest tool: Start with the list of jobs and job-related licenses you listed in step 2a on page 4. Go to the Appendix at the end of this workbook to find mandatory barriers from Ohio law that apply to the job or license you want. This Appendix is only up-to-date as of the time this workbook was published (see date on cover). Since the law may have changed since then, you may want to try CIVICC (see next page).

ii. Most accurate & up-to-date tool: Use OJPC’s Ohio Civil Impacts of Criminal Convictions Database—http://CIVICCohio.org. Go to that website, agree to the terms and conditions, and you will get to this search page:

school

On the results list, click on “Impact Detail” to get more information on each legal barrier to see if it applies to you.

You usually get the best results by starting with a keyword search on the “Civil Impacts” tab. For exam-ple, you could enter “school.”


http://civiccohio.org/

Write down the statute (“ORC”) or regulation (“OAC”) number and a short descriptive title for each legal barrier that you want relief from.

Example: “ORC 3301.541, Employment with a preschool program”

Congratulations—Step 1 is done!

That was the most technical part. Your CQE application will be much better and easier now that you have that information clear.

But you’re not done yet…keep going!


Step 2: Create an online CQE account

Your online application starts here [2a] Go to https://drccqe.com. Note that the address starts with “https://” not just “http://”.

This is where your online application will live.

[2b] You must have an email account to apply for a CQE. If you don’t have one, scroll down on

this first page of the website to find links to create an email account with Google, Yahoo, or Hotmail. Follow the instructions for creating a new account with one of those email providers then come back to the CQE website.

You will need to check this email address often after you submit your application to see if DRC has cleared you to then file your application in court (step 6a, p. 20)

[2c] Once you have an email account set up, come back to the CQE website (https://drccqe.com) and click “New user” in the Login box in the top right. If your most serious offense was a felony and it has been more than a year since the final discharge of your last offense (see “Before you begin,” p. 3), check the box for “Yes it has been more than a year.” If your most serious offense was a misdemeanor and it has been more than six months, check the box for “Yes it has been more than six months.”


https://drccqe.com/

https://drccqe.com/

[2d] Then, below that, fill in all the identification and contact information required.

Now you have an online CQE account. Nice work…keep going!

Step 3: Fill out the “Certification Request” section [3a] Click on OPEN MY TASKS and then on the text under NAME (it should be your name, the name

of the county you live in, and a number).

Under PETITION MENU, click on VIEW FORMS. On the next page, click on CERTIFICATION REQUEST

AND CRIMINAL HISTORY.


[3b] STOP RIGHT NOW AND CLICK SAVE. The CQE website will kick you off without warning after a certain period of time and all you work will be lost if you haven’t clicked Save. The best idea is to type up in a separate document on your own computer (using something like Microsoft Word) everything you will be entering into your online application. Then, when the time comes you can simply copy and paste your typed up content into the website without fear of losing any of your hard work.

[3c] Type in the types of legal job barrier you identified on step 1c, p. 6–7. You should list the general employment category or field that you want to pursue, as well as the specific examples you found in CIVICC.

Example:

“Any collateral sanctions limiting employment or licensing in the healthcare field, nursing, elder care (hos-pice, nursing home), MR/DD care, in-home direct care, and related jobs. This includes, but is not limited to:

-OAC 5122-30-31 Residential facility employee for Dept. of Mental Health and Addiction Services

-ORC 5123.081 Direct-services employee of provider or subcontractor for the Dept. of Developmental Disa-bilities; employee of state department or county board

-ORC 173.38 Employment in direct care position to provide community-based long-term care

-ORC 173.381 Certification as self-employed long-term care provider

-ORC 3701.881 Employment with a home health agency to provide direct care for an individual

-ORC 5164.342 Employment with an “agency provider” of medicaid waiver services

Also, any collateral sanctions limiting employment or licensing in the childcare field and jobs that involve di-rect care or services for children. This includes, but is not limited to:

-ORC 3319.20 Non-licensed school employee

-ORC 5104.09 Ineligibility to own or operate family day care home; ineligibility for employment or license with child day-care center or family day care home

-ORC 5153.111 Ineligibility for employment with a public children services agency

And any other collateral sanctions limiting my employment.”

You may need to split up your responses to accommodate character limits in the online application.

Remember to click

often!


[3d] If the legal job barrier involves a particular licensing board, check the YES box and type in the name of the occupation and the licensing board.

Also, always select YES for the next question. (This has to do with the negligent-hiring protection described under “Erasing Employer Fear” on page 1.)

[3e] Under SUMMARY OF CRIMINAL HISTORY, fill in the information you gathered on step 1b, p. 5.

Great progress. The next section is the most important part of your application.

Let’s go!

Remember to click

often!


Step 4: Complete the “Certification Rationale” section

[4a] This process will make more sense if you start with the second question:

Discuss how you criminal record triggers particular laws or job restrictions that prevent you from working. Explain that CQEs give employers immunity from negligent hiring liability, so they will not be fearful to hire you. Other helpful facts to include if they apply to you:

• State whether you have specifically been denied a job, promotion, or license because of a criminal record.

• Describe with concrete examples how your employment has changed negateively since you got a criminal record.

• State whether a CQE would help you work in a particular field, get a professional lisence, and/or work in restricted facilities like hospitals, schools, and nursing homes.

Define why a certificate will materially assist you in obtaining employment or occupation licensing: Example: “My criminal record prevents me from pursing a career in the healthcare field. I enjoy helping sick people, particularly children, elderly, and people with disabilities; however these fields are very restricted. Even though employers want to hire me during the application process, I have been denied or revoked job offers because of my record. A CQE would materially assist me by removing multiple collateral sanctions, such as working in nursing homes, hospitals, clinics, MRDD services, and home-health services. I already have my STNA Certificate (nursing assistant) and am studing to become an RN (registrered nurse). A CQE would allow me to get my nursing lisence next summer and move forward with my career.”


[4b]

Start with something like this: “I have already been living a law-abiding life for ___ years. I have a substantial need for a CQE to allow me to become an even more productive citizen.” Then answer any of the following questions that fit best for your life story:

• Why are you so interested in this particular field of employment? Was it family connections, previous jobs, the prospect of better pay, or an inspirational story that got you hooked on this career path?

• Emphasize how you want to serve the community and have the dignity of supporting yourself and your family by doing good work that you enjoy.

• Do you need the CQE so you can get better wages, more hours of work, better benefits, or a promotion?

• How have you already invested time and/or money in pursuing this career? Give the details about any training or education you have started or completed in order to get this license or job: name of institution where you trained; how long you trained for; when you completed the training or plan to complete the training.

• Describe some of the significant limitations you have experienced because you couldn't get a better job or move ahead with your desired career. What has it been like to not have enough income to support your family? How has the fact that you have been blocked from advancing in your career affected your family?


Define why you have a substantial need for a certificate in order to live a law-abiding life:

Remember to

!


[4c]

Use this section to take responsibility for your past offenses, put your criminal records in context, and describe how you have changed.

Briefly describe what was going on in your life at the time of the specific offenses and how you have separated yourself from that lifestyle or situation. DO NOT retell the complete story of each offense or try to make excuses. You don't want to make it look like you are diminishing your responsibility, but it is helpful to give the criminal offenses some context. Discuss if you are surrounding yourself by different people and making different choices. For example:

During the time when I was convicted of these assaults, I was in a very unhealthy relationship with an abusive boyfriend. My family told me I shouldn't be with him, but I was afraid to leave. I know what I did was wrong. Finally, in 2009, I had the strength and resources to leave him. I now live in a different part of town. I have had various jobs over the past 3 years and I take good care of my children. I don't have any new offenses since that time because I'm a different person in a different situation. I keep healthy relationships and surround myself with safe, positive people.

Briefly describe how you have improved your life and how you contribute to the community. Mention volunteering and important situations where people have trusted you and it has gone well. For example:

I have been out of prison and off parole for 10 years. Since then, I have had several jobs and have volunteered in many situations where I was put in a position of trust. Not once has anyone complained or has anything gone wrong. In fact, I’ve had good reviews and promotions at work in the past. I am trustworthy and an asset to my community. For example, I'm an active member of my church, [name of church], and I sing in the choir. Last year, I volunteered to coached my son's baseball team. I’ve always gotten great feedback about my volunteering.

If this is true for you, point out how you do not have any violent offenses, or that you have no felonies, or that your record from long ago. For example:

I have six drug-related offenses from 1987 to 1997 when I was actively addicted to heroin. But I have had no offenses for over over 16 years. I have never had any violent offenses.

If applicable, describe any court-ordered programming you successfully completed, such as substance abuse or behavioral health treatment, parenting classes, or anger management. What did you learn?

Describe why granting the petition would not pose an unreasonable risk to the safety of the public or any individual:


(4. …why giving you a CQE would not pose a risk to public safety… continued)

Have you clicked

lately?


[4d] Now go back and answer the first question.

Make this an introduction or summary of sections 2, 3, and 4. Keep it short and to the point.

Explain your employment goals. Explain how your record creates barriers. You can mention positive things you have done, such as volunteering, drug/alcohol rehabilitation programs, job readiness programs, education programs, good standing while on parole or in jail, participation in religious programs, etc.

Define the reasons you believe the certificate of qualification for employment should be granted: Example: “I am ready and eager to become a home health aide, but I am facing many barriers to getting employment. I have been a state-tested nursing assistant for 5 years and have excellent reviews from my supervisors and patients. But I also have two drug offenses from over 15 years ago, when I was in my early 20s, and these convictions are blocking me from moving forward in a healthcare career. I have proven to the community that I am not a risk any longer and have successfully completed a drug rehab program; I have turned my life around. I volunteer at my church and at my children’s school. Also, I’ve completed a job-readiness program at the Urban League, so I can be a great job applicant. I want a CQE so I can get a better job doing what I love: serving people as a home health aide.”

Your CQE application is coming along nicely. Well done. This section of the application was definitely the hardest,

but also the most important.

Keep going!

your work!


Step 5: Job History & References

[5a] Go back to the PETITION MENU – FORMS page to access the EMPLOYMENT HISTORY, REFERENCES, and FAMILY MEMBERS sections.

The information required for the EMPLOYMENT HISTORY section is just what you would expect: your current and past employers’ name, address, and phone number; and the dates you worked there.

For (non-family) REFERENCES and FAMILY MEMBERS, try to find at least two in each category and make sure you talk to those people before including them in your petition. You want to be sure they will be prepared to say good things about you if they receive a letter or phone call from the court when it reviews your application.

[5b] Print and check your work. Go back and edit anything you want to improve.

Click

now!


[5c] Time to submit it! When you’re confident that your application is complete and as strong as it can be, then you formally submit the application to DRC for review.

Your application will now be reviewed by a Justice Reinvestment Officer (JRO), who is part of the Ohio Department of Rehabilitation and Corrections (DRC). There are currently 8 JROs for different regions of the state. You can find out who the JRO is for your region by visiting this website: http://reentrycoalition.ohio.gov/pages/jro_map.html. The JRO will only review your application to be sure it is complete, not whether it is well written; the JRO cannot judge whether or not you will succeed in getting your CQE from the court. The JRO will email you if any corrections are needed. If no corrections are needed, the JRO review usually takes about 1–4 weeks.

Congratulations! You have finished the online part of your CQE application — that’s the first big hurdle.

But you’re not done yet…


http://reentrycoalition.ohio.gov/pages/jro_map.html

Step 6: Take your CQE petition to court

[6a] Watch your email inbox! As soon as your application is cleared by the JRO, you will get an email; you will not get a reminder in the mail or a phone call. It is your responsibility to be on the alert for the email reminder. You can also log back in to the CQE-application website (https://www.drccqe.com) to see if your application has been approved.

[6b] Gather supporting documents. You may have noticed that the CQE petition does not allow you to attach important documents that show how you have turned your life around. But you may submit these documents to the court when you file. Now is the time to gather diplomas, certificates, and letters of recommendation that support everything you say in your petition.

[6c] Take your form to court. When the JRO gives you the go-ahead, it is your responsibility to print your complete application, make copies, and bring one copy to your local court of common pleas to file. No matter where your convictions are from, you always file a CQE in the court of common pleas in the county where you live—not the municipal court or “county court.” Along with the CQE application, you can submit letters of recommendation, diplomas, program certificates, and other material showing how you are an excellent citizen.

NOTE: a CQE application is a civil filing, not a criminal filing. Your clerk of courts may have different personnel, desks, or offices for civil vs. criminal filings.

[6d] Pay the fee. Unfortunately, there are big differences between CQE filing fees from county to county, some charging as little as $35 while others charge over $300. If you cannot afford the filing fee, you have the right to ask for a fee waiver. Ask the court clerk for their “indigency affidavit” or “in forma pauperis form” and submit that with your CQE petition. You may need to get that form notarized.

Step 7: Court investigation and possible hearing

[7a] The court will then conduct an investigation. They will ask for information from every other Ohio court where you have a conviction. The prosecutor can file comments or even oppose the CQE application; the prosecutor can also reach out to victims of your past crime(s) to get their input. If relevant, the state licensing board related to your CQE application may weigh in.

[7b] Decision time. When the court determines it is done with its investigation, by law, it then has 60 days to make a decision about whether to grant your CQE. The court may give you a hearing, but is not required to.


Step 8: CQE granted! (Or not.)

[8a] If the judge decides in your favor, an order will be sent to DRC, which will then issue the official Certificate of Qualification for Employment. The court’s order is not the CQE.

[8b] Once DRC receives the judge’s order, you must go back to https://drccqe.com to print off the actual CQE.

[8c] You or any employer can verify the current validity of your CQE at http://www.drc.ohio.gov/web/cqe.htm.

[8d] If the court denies your CQE, you can appeal. Or, the court may put conditions on your reapplying, such as completing certain programs or waiting longer to demonstrate your rehabilitation.

CONGRATULATIONS!

You are now the proud holder of a Certificate of Qualification for Employment!

A couple more things to note:

Your CQE will be automatically revoked and invalid if you commit another felony.

You are not a felon. You are not an ex-felon, ex-convict, nor an ex-offender. You are and always have been a person, first and foremost. You happen to be a person who has a criminal record, but that record does not define who you are. Don’t ever forget that. The CQE changes your legal status even though it doesn’t remove the criminal record itself. The CQE acknowledges that you are a full-fledged citizen and positive commu-nity member.

Good luck job hunting!


http://www.drc.ohio.gov/web/cqe.htm

APPENDIX

Selected Collateral Sanctions that you may be able

to get relief from with a Certificate of Qualification for Employment

Children-Specific Sanctions Context Code

Section Content Civil Impact Summary Clarifications

Day Care 5104.09 Child day care Day care center, ineligibility for employ-ment

5104.09 Child day care Day care center, ineligibility for license 5104.09 Child day care Type A family day care home, ineligibility

for employment Type A: 7-12 children cared for in provider’s home (or 4-12 if 4 are < 2 yrs. old)(provider’s own children < 6 yrs. old must be counted)

5104.09 Child day care Type A family day care home, ineligibility for license

Same as above

5104.09 Child day care Type B family day care home, ineligibility for employment

Type B: 1-6 children cared for in provider’s home. No more than 3 children < 2 yrs. old. (provider’s children < 6 yrs. old must be counted)

5104.09 Child day care Type B family day care home, ineligibility to own or operate

Same as above. No license needed.

Out of Home Care

2151.86 Probate/ Juve-nile Courts

Appointment to care for a child in “out-of-home care”

“out-of-home care” also known as foster care

2151.86 Juvenile Courts Approval to provide foster care for chil-dren

Home Health

3701.881 Dept. of Health Employment with a home health agency to provide care for a child

Children's Services

5153.111 County children services

Ineligibility for employment with a public children services agency

e.g. Child Support Enforce-ment Agency

Older-Adult-Specific Sanctions Context Code

Section Content Civil Impact Summary Clarifications

Adult care facil-ity

5119.85 Dept. of Mental Health

Employment with an adult care facility to provide direct care to an adult resident

Long-term care

173.27 Dept. of Aging Employment with State long-term care ombudsperson

Duty to help investigate & re-solve complaints made by/on behalf of individual residents in long-term care facilities

173.38 Dept. of Aging Employment in direct care position with community-based long-term care agency

Involves health and social ser-vices provided to persons in their own homes or community care settings

Home Health

3701.881 Dept. of Health Employment with a home health agency to provide care for an older adult

Hospice care

3712.09 Hospice care Employment with a hospice care pro-gram to provide direct care to an older adult

Adult day care

3721.121 Nursing homes Employment with a care home or adult day care program to provide direct care to an older adult

Ohio Justice & Policy Center CQE Workbook, v. 4/2/2014 | A-2

Adult Foster Care

5119.693 Dept. of Mental Health

Employment with adult foster home

Healthcare Context Code Section Content Civil Impact Summary Clarifications Medicaid-related

5111.03 Medical assis-tance programs (Medicaid)

Ineligibility to own or manage a Medicaid provider

Entity that provides medical services and receives payment from the Medicaid system; in-volves contract with the gov’t.


Ineligibility for employment with a Medicaid provider

Medicaid provider – Same as above


Ineligibility for Medicaid provider contract

Same as above


Employment with an “agency pro-vider” of Medicaid waiver services

“agency provider” is any health services provider that is eligi-ble to participate in the Medi-caid program after executing a Medicaid provider agreement.


Ineligibility to be an independent provider of Medicaid waiver ser-vices

“agency provider” – Same as above; involves contract with the gov’t.

Specific licenses/ occupa-tions/ employers

Acupunctur-ist

4762.13 Occupations – acupuncturists

Certain case outcomes bar or limit eligibility for a certificate to practice.

Anesthesi-ologist as-sistant

4760.13 Occupations – anesthesiolo-gist assistants


Ambulette attendant


Ambulette attendant – specified offenses bar or limit employment.

Chemical Dependency Counselor

4758.24 Occupations – Chemical de-pendency pro-fessionals

Ineligibility for chemical dependency counseling license or certificate

License to be a drug abuse counselor

4758.24 Occupations – Chemical de-pendency pro-fessionals

Ineligibility for prevention specialist certificate

Community Health Worker

4723.84 Occupations -- Community health workers

Certified community health worker -- certain felonies bar eligibility

Community health worker – advocates for clients in com-munity by assisting them ac-cess community health & sup-portive resources

Develop-mental Dis-abilities Re-lated

5126.28 County boards of developmen-tal disabilities

Employment with a county board of developmental disabilities

5123.081 Dept. of Devel-opmental Disa-

Employment with Ohio Department of Developmental Disabilities

A-3 | CQE Workbook, v. 6/10/2014 Ohio Justice & Policy Center

bilities (OAC)

5123:2-2-02 Dept. of Devel-opmental Disa-bilities

Employment by state dept. or coun-ty board to transport individuals with developmental disabilities

Dialysis Tech.

4723.75 Occupations – Dialysis techni-cians

Dialysis technician certificate -- cer-tain felonies bar eligibility

Doctors 4731.296 Occupations -- physicians

Telemedicine certificate: certain case outcomes bar or limit eligibility.

Telemedicine – the diagnosis & treatment of patients over the phone

4731.22 Occupations -- limited branch-es of medicine


4765.301 Emergency medical ser-vices

Employment as an emergency medical technician

Emergency medical tech.

4723.651 Occupations – Medication aides

Medication aide certificate -- certain felonies bar eligibility

Medication aide also known as Certified Nursing Assistant

Mental Health Worker

4723.28 Occupations – Nurses

Nursing license – certain felonies bar eligibility

Nurse 4725.19 Occupations – optometrists

Ineligibility for initial optometry li-cense or certificate

Optometrist 4729.42 Ohio board of pharmacy

Pharmacy technicians -- Felony bars employment

Pharmacy Related

4729.99 Ohio board of pharmacy

Permanent ineligibility for health care professional license

4729.99 Ohio board of pharmacy

Permanent ineligibility for health care employment

4730.25 Occupations – physician as-sistants

Certain case outcomes bar or limit eligibility for certificate to practice.

Physician's Assistant

4774.13 Occupations – radiologist as-sistants


Radiologist Assistant


Education Context Code Sec-

tion Content Civil Impact Summary Clarifications

Any work in schools

3319.39 Dept. of Educa-tion

Criminal record check; ineligibility for any work in a school


Criminal records checks, disqualifi-cation of non-licensed school em-ployees

Non-licensed employee is an individual whose position does not require teacher/admin. training or specific licensing


Records check, ineligibility of con-tractor employee for work in a school

Autism program


Ineligibility to work for “registered private provider” in autism program

Registered private provider is a nonpublic school or other non-public entity/person approved by Ohio Dep’t of Education to participate in autism scholar-ship program


Ineligibility to teach with “registered private provider” in autism program

RPP – Same as above


Ineligibility for contract with private provider in autism program

RPP – Same as above

Boarding school


Employment with private contractor at a public boarding school


Public college prep boarding school hiring restrictions

Involves gov’t contract


Ineligibility to work for a public col-lege prep boarding school


Ineligibility to teach in a public col-lege prep boarding school

Community school


Community school hiring restrictions Community school is public school that is part of state’s education program & inde-pendent of any school district; Involves gov’t contract


Ineligibility to work for a community school


Ineligibility to teach in a community school

Head Start 3301.32 Dept. of Educa-tion

Employment with head start agency Head Start is federally funded program providing comprehen-sive services to children aged 3-5 & below poverty line.

Preschool 3301.541 Dept. of Educa-tion

Employment with a preschool pro-gram

School bus driver


School bus driver -- certain criminal case outcomes bar employment.

Special needs pro-vider


Ineligibility to be a special needs “registered private provider”

Involves gov’t contract


Ineligibility to work for a special needs “registered private provider”


Ineligibility to teach with a special needs “registered private provider”


Ineligibility for contract with special needs “registered private provider”


STEM schools


STEM school hiring restrictions Schools focusing on science, technology, engineering, and math; Involves gov’t grants/loans


Ineligibility to work for a STEM school


Employment with a private company under contract with a STEM school

Teachers 3319.31 Dept. of Educa-tion

Teachers and other school person-nel: bar to initial or renewed license


Criminal record check; ineligibility for teaching work in a school


Employment with a private company under contract with a community school

Work expe-rience placement


Ineligibility for work experience placement in a public school

1713.50 Educational cor-porations

Employment as police officer for a private college or university - eligibil-ity

Public Employment

Context Code Section Content Civil Impact Summary Clarifications

Firefighter 737.081 Municipal public safety Employment as a city firefighter 737.221 Municipal public safety Employment as a village fire-

fighter

505.381 Townships Employment as a township or district firefighter

Parks, Nat-ural Re-sources, Etc.

1501.013 Dept. of Natural Re-sources

Employment as a natural re-sources law enforcement staff officer -- eligibility

1503.29 Ohio Division of For-estry

Employment as a forest officer -- eligibility

1517.1 Ohio Division of Natu-ral Areas and Pre-serves

Employment as a preserve of-ficer -- eligibility

1541.11 Ohio Division of Parks and Recreation

Employment as a state park officer -- eligibility

1547.523 Ohio Division of Wa-tercraft

Employment as a state water-craft officer -- eligibility

1531.132 Ohio Division of Wild-life

Employment as a game protec-tor -- eligibility

1545.13 Park districts Employment as a park district law enforcement officer -- eligi-bility

P.D.L.E.O. is a peace officer commissioned to make ar-rests & preserve peace on lands under control of a board of park commissioners

Private cor-rectional facility

9.07 Correctional facility contracts

Employment with private correc-tional facility barred by "malfea-sance"


State agen-cies, de-partments and public office

5502.14 Dept. of Public Safety Employment as enforcement agent with Investigative Unit -- eligibility

Agent’s go undercover and enforce Ohio’s liquor laws & sometimes are involved in enforcing laws on gambling, prostitution, and narcotics

5743.45 Dept. of Taxation Employment as a tax enforce-ment agent -- eligibility

101.721 General Assembly Disqualification as a legislative agent

Legislative agent is an indi-vidual whose purpose is to actively advocate for legisla-tion

121.23 State Departments State contract award barred for history of unfair labor practices

121.49 State Departments Appointment as Ohio Inspector General

121.621 State Departments Disqualification as an executive agency lobbyist

Executive agency lobbyist is a professional lobbyist who receives compensation for efforts to influence legislators

101.921 General Assembly Disqualification as a retirement system lobbyist

5505.048 Highway patrol retire-ment system

Member of state highway patrol retirement board

145.057 Public Employees Re-tirement System

Member of public employees retirement board

2921.43 Justice and Public Administration

Disqualification from public em-ployment for soliciting improper compensation


Disqualification from public of-fice or “position of trust”


Disqualification from public em-ployment

3770.021 Ohio lottery commis-sion

Criminal records check; ineligi-bility for employment

3770.05 Ohio lottery commis-sion

Lottery sales agent license: criminal records check and dis-qualification

2961.02 Crimes, Procedure Public office - exclusion from position involving control of property

2961.02 Crimes, Procedure Public employment -- exclusion from position involving control of property

2961.02 Crimes, Procedure Volunteer service – exclusion from position involving control of public property

2961.01 Crimes, Procedure “Office of honor, trust or profit” – felony conviction is a bar

2961.01 Crimes, Procedure Circulating election petitions – felony conviction is a bar

109.511 Bureau of Criminal Identification and In-vestigation

Employment as investigator or special agent -- eligibility

1347.15 Personal information systems

Employment with state agency barred by misuse of confidential information

306.352 County and regional transit

Employment as regional transit authority police officer - eligibility


Miscellaneous

Context Code Section Content Civil Impact Summary Clarifications Architect 4703.1 Occupations –

Architects Ineligibility for certificate of qualifi-cation as an architect

4703.34 Occupations – Landscape archi-tects

Ineligibility for registration as a landscape architect

Asbestos abatement

3710.06 Asbestos abate-ment

Asbestos hazard abatement con-tractor’s license, eligibility

A.H.A.C. is a public or business entity that engages in removal, renovation, etc. of materials that contain asbestos

3710.06 Asbestos abate-ment

Employment with an asbestos hazard abatement contractor.

A.H.A.C. – Same as above

Auctioneer 4707.02 Occupations – auctioneers

Ten-year bar to license for auc-tioneer or auction firm

Bingo opera-tor

2915.11 Gambling Disqualification to work as a bingo operator

Casinos 3772.07 Casino gaming Ineligibility for employment with Ohio casino control commission

The Commission licenses, regu-lates, investigates, and penaliz-es casino operators.

3772.07 Casino gaming Casino-related license, mandatory loss or non-renewal

3772.1 Casino gaming Casino-related business and prin-cipals, mandatory denial or loss of license

3772.1 Casino gaming Casino gaming employee, manda-tory denial or loss of license

3772.99 Casino gaming Permanent bar to public office for improper influence on casino gam-ing

3772.99 Casino gaming Permanent bar to public employ-ment for improper influence on casino gaming

Charitable organiza-tions

1716.05 Charitable organ-izations

Employment with a fund-raising consultant, temporary bar


Fund-raising consultant, tempo-rary bar


Member, officer or agent of a fund-raising consultant, temporary bar


Employment with a professional fund-raiser, temporary bar


Professional fund-raiser, tempo-rary bar


Member, officer or agent of a pro-fessional fund-raiser, temporary bar


Charitable organization registra-tion and fund-raising, temporary bar

1702.80 Nonprofit corpo-rations

Employment as police officer for nonprofit corporation - eligibility


Consumer finance

1321.37 Commerce – consumer finance

Restrictions on employment or contract with a licensed short-term lender

1321.522

Commerce – consumer finance

Temporary/permanent bar to ex-emption from registration as a res-idential second mortgage lend-er/broker

Mortgage broker is an individual who holds themselves out as being able to assist a buy to ob-tain a mortgage or who solicits info. from the public& charg-es/receives money or valuable consideration for the infor-mation/assistance

1321.537

Commerce – consumer finance

Temporary license for out-of-state mortgage loan originator, perma-nent/7-year restriction of eligibility

Loan originator: someone who, for compensation or gain (or an-ticipation of them), does one of these things: (1) takes/offers a residential mortgage loan appli-cation; (2) assists or offers to assist a buyer by advising on loan terms; (3) offers/negotiates terms of residential mortgage loan; or (4) issues/offers to issue a commitment for a residential mortgage loan to a buyer

1321.84 Commerce – consumer finance

Notice of child support default bars lender license and registration

Mortgage Brokers &Loan Offic-ers

1322.022

Commerce – Mortgage Brokers and Loan Officers

Temporary/permanent bar to mortgage banker exemption from registration as a mortgage broker

1322.023


Temporary/permanent bar to ex-emption for credit union service organization

1322.101


Notice of child support default bars eligibility for a license or a certifi-cate of registration

Construction 4740.06 Construction in-dustry licensing board

Disqualification from license as a building trades contractor

License, business/professional

Credit Un-ions

1733.20 Credit Unions Eligibility to serve as a credit union officer

Manufacturer of controlled substances

3719.03 Controlled sub-stances

License as a manufacturer or wholesaler of controlled substanc-es

Controlled substances also known as prescription drugs

Horse Rac-ing

3769.26 Horse racing Approval to establish a racetrack satellite facility

3769.26 Horse racing Operator of a racetrack satellite facility

Requires license

3769.26 Horse racing Employment at a racetrack satel-lite facility

Hunting/ Fishing- Commercial

1533.34 Hunting and fish-ing

License to use commercial fishing gear– certain felonies bar eligibility

1533.342

Hunting and fish-ing

Commercial fishing license – cer-tain felonies bar eligibility

1533.631

Hunting and fish-ing

Permit to handle fish at wholesale -- certain felonies bar eligibility



Notice of child support default bars certain commercial/recreational licenses related to wildlife


Permit to operate a tag fishing tournament - eligibility

Junk yards/ Salvage yards

4738.07 Licensed busi-nesses – motor vehicle salvage

Mandatory denial of motor vehicle salvage license

4738.18 Licensed busi-nesses – motor vehicle salvage

Ineligibility for a buyer’s identifica-tion card

Pawnbrokers 2961.01 Crimes, Proce-dure

Circulating election petitions – fel-ony conviction is a bar

Petitions 4749.03 Occupations – pri-vate investigators and security ser-vices

Ineligibility for initial license

Private securi-ty

4749.03 Occupations – pri-vate investigators and security ser-vices

Possible denial of initial license

4749.06 Occupations – pri-vate investigators and security ser-vices

Felony bars employee registration for 20 years.

4763.05 Occupations -- real estate appraisers

Appraiser or appraiser assistant – records check, barriers to certificate, license or registration

Real estate appraiser

4741.24 Veterinary medical licensing board

Permanent bar to veterinary license or registration


OJPC Ohio Justice & Policy Center CQE Workbook, v. 4/2/2014 | A-2

Documents

OJPC-CQE-Workbook.pdf - The Legal Aid Society of Columbus