Certificates of Qualification for Employment, criminal-record sealing, and other legal relief for job seekers October 11, 2013

1.The Basics: What are civil impacts of criminal convictions and why do they matter? 2.Light on the horizon: Civil-impact changes under H.B. 86 (2011) and S.B. 337 (2012) 3.CQEs & CAEs: How the new Certificates work and how to apply for them OJACC 10/11/2013 | 2

The Basics: What are civil impacts of criminal convictions and why do they matter? OJACC 10/11/2013 | 3

Civil impacts of conviction Civil Impacts = Collateral Consequences (UCCCA) Any penalty, disability, or disadvantage imposed on individual [, licensing agency, or employer] as a result of conviction [, arrest, or sentence] which applies by operation of law whether or not it is included in the judgment or sentence. (See R.C ) OJACC 10/11/2013 | 4

Civil impacts of conviction Civil Impacts = Collateral Consequences  Does not include imprisonment, fine, any form of supervision, or costs, including cost of incarceration.  Includes mandatory and discretionary consequences affecting employment, housing, family, financial, and civic-participation rights.  Could be federal or state, but CIVICC Database and the new Certificates only address Ohio state law. OJACC 10/11/2013 | 5

Why Civil Impacts matter Civil impacts affect our whole economy Former inmates make 40 percent less than before they were incarcerated. Average lost income was $15,600 per year. Pew Center on the States, 2010 Collateral Costs: Incarceration’s Effect on Economic Mobility 13.9 million working-age Americans with felony records. Their exclusion from labor market → $57-$65 billion lost U.S. GDP. Center for Economic and Policy Research, 2010 Ex-Offenders and the Labor Market Ohio’s share of lost GDP = $2 billion OJACC 10/11/2013 | 6

 2005 Toledo study found 404 consequences in Ohio law.  Today, CIVICC contains and counting. Civil impacts affect the whole community : 1.92 million Ohioans have a felony or misdemeanor conviction -- — 1 in 6 — Ohio Justice & Policy Center, 2011 Civil impacts of conviction | 7 OJACC 10/9/2013

CIVICC database: Online information about Civil Impacts under Ohio law OJACC 10/11/2013 | 8

What is CIVICC? OJACC 10/11/2013 | 9 criminal conviction s Ohio civil impact TRIGGERS WHAT…? TRIGGERED BY WHICH…? s specific Searchable online database for answering two questions

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| 11 Searching CIVICC OJACC, 10/11/2013

How to use CIVICC OJACC 10/11/2013 | 12 health care

DUI How to use CIVICC OJACC 10/11/2013 |

ABA is building a national database: National Inventory of Collateral Consequences of Conviction (“NICCC”) 14 Civil impacts of conviction

Light on the horizon: Civil-impact changes under H.B. 86 (2011, CAEs) and S.B. 337 (2012, CQEs ++ ) OJACC 10/11/2013 | 15

OJACC, 10/11/2013 | 16 For 5 state licensing agencies, SB 337 limits exclusion of applicants with a criminal record: Ohio Optical Dispensers Board Registrar of Motor Vehicles (for motor vehicle salvage dealers, motor vehicle auctions, and salvage motor vehicle pools) Construction Industry Licensing Board Hearing Aid Dealers and Fitters Licensing Board Director of Public Safety (for private investigators and security guards) unless the offense is a “disqualifying offense” or crime of moral turpitude. Light on the horizon Civil Impact changes under S.B. 337:

OJACC 10/11/2013 | 17 Civil Impact changes under SB 337 ORC defines terms: Disqualifying offense is a felony and has a direct nexus to an individual’s proposed or current field of licensure, certification, or employment.” Crime of “moral turpitude” 1)Aggravated murder or murder 2)Any sexually oriented offense. 3)An offense of violence that is F1 or F2 4) Any attempt, conspiracy or complicity relating to one of the above offenses, if the attempt, conspiracy, or complicity is an F1 or F2.

OJACC 10/9/2013 | Civil Impact changes under S.B. 337 State Board of Cosmetology: cannot deny certification on the basis of prior incarceration or conviction for a crime. O.R.C (K). must assist ex-offenders and military veterans who hold licenses to find employment. O.R.C (F). Driver’s License changes Child Support -- New rules on imputed income 18

OJACC 10/11/2013 | 19 Civil Impact changes under S.B. 337 New record-sealing rules AS OF 9/28/2012: BASIC RULE: Two misdemeanors; or one misdemeanor and one felony. ORC Same prohibited offenses as before (violence, sex offenses, child victim, traffic) except non-payment of child support. ORC Guide to record sealing:

OJACC 10/11/2013 | 20 Criminal-record sealing Juvenile record changes under SB 337 Record sealing (ORC ) - Waiting period reduced from 2 years to 6 months No fee for juvenile-record sealing Sexual battery and gross sexual imposition now CAN be sealed Confidentiality (ORC , ) Juvenile records now explicitly confidential in statute except for aggravated murder, murder, and registration-eligible sex offenses

CAEs & CQEs How the new Certificates work and how to apply for them OJACC 10/11/2013 | 21

OJACC 10/11/2013 | 22 CAEs & CQEs Two legal effects 1.Converts mandatory civil impact into a discretionary one — no guarantee of getting license or privilege 2.Protects employer from negligent- hiring liability

OJACC 10/11/2013 | 23 Granted by DRC Only for inmates with less than 1 year left or currently on PRC/parole Must have completed various kinds of programming in prison No limit on types of offenses Must name specific civil-impact — use CIVICC ORC Certificate of Achievement & Employability (CAE)

CAE OJACC 10/11/2013 | 24

OJACC 10/11/2013 | 25 Certificate of Qualification for Employment (CQE) ORC CQE provides the same 2 benefits as CAE, but available to many more people: 6 months post-discharge for misdemeanor, 1 year post-discharge for felony. Court decides: Court of county where applicant resides

OJACC 10/11/2013 | 26 Certificate of Qualification for Employment (CQE) “By a preponderance of the evidence: “(a) Granting the petition will materially assist the individual in obtaining employment or occupational licensing. “(b) The individual has a substantial need for the relief requested in order to live a law- abiding life. “(c) Granting the petition would not pose an unreasonable risk to the safety of the public or any individual.” R.C (C)(3)

OJACC 10/11/2013 | 27 Certificate of Qualification for Employment (CQE ) “The court may order any report, investigation, or disclosure by the individual that the court believes is necessary for the court to reach a decision...” -- thus the need for a filing fee. Apply at

Applying for a CQE at OJACC 10/11/2013 | 28

Applying for a CQE OJACC 10/11/2013 | 29

Applying for a CQE OJACC 10/11/2013 | 30

Applying for a CQE OJACC 10/11/2013 | 31

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Applying for a CQE OJACC 10/11/2013 | 35

Applying for a CQE OJACC 10/11/2013 | 36

Applying for a CQE OJACC 10/11/2013 | 37 Use CIVICC

Applying for a CQE OJACC 10/11/2013 | 38

Applying for a CQE OJACC 10/11/2013 | 39

Applying for a CQE OJACC 10/11/2013 | 40

Applying for a CQE OJACC 10/11/2013 | 41

Applying for a CQE OJACC 10/11/2013 | 42

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Applying for a CQE OJACC 10/11/2013 | 44

Applying for a CQE 45 OJACC 10/11/2013 |

46 Other relief from civil impacts In addition -- INDIVIDUALS CAN SEEK: Correction of criminal records enforced under federal FCRA Clemency: pardon; commutation Learn more: (updated as new laws go into effect)

OJACC 10/11/2013 | 47 Other relief from civil impacts In addition -- EMPLOYER INCENTIVES: Federal Work Opportunity Tax Credit Federal employee bonding program EEOC guidance 2012 Echoed by - OFCCP - Labor Dept. for Workforce Investment orgs

Key info for workforce professionals: EEOC Guidance, 1987 & April 2012: Blanket hiring restrictions against people with criminal records may violate Title VII – racial disparity. U.S. Dept. of Labor Training & Enforcement Guidance Letter, May 25, 2012: WIB one-stop staff must screen job postings for possible Title VII violations. Can put up job announcement, but must also post warning about possible Title VII violation. OJACC 10/11/2013 | 48

Suzanne Brooks Gayle Dittmer Dan Peterca Pam Thurston OJACC 10/11/2013 | 49 Questions?