CRIMINAL RECORDS EXPUNGEMENT EMPLOYMENT IN OHIO Ohio Justice

CRIMINAL RECORDS, EXPUNGEMENT, & EMPLOYMENT IN OHIO Ohio Justice & Policy Center 215 East 9 th St. , Suite 60 Cincinnati, OH 45202

What is a criminal record, anyway?

It depends! What is a criminal record, anyway?

It depends! Who is asking? and Who are they asking? What is a criminal record, anyway?

BACKGROUND CHECKS What Appears on the Check Non-Convictions Penalties Expunged Offenses

BACKGROUND CHECKS What Appears on the Check 2. 3. 4. 5. Your county’s Conviction Record Transcript (“Police Check” or “Blue Sheet”) X X Expunged Offenses 1. Penalties Convictions Non. Convictions Background Checks Locations Covered by Check Only that county

BACKGROUND CHECKS What Appears on the Check 1. 3. 4. 5. X X X Expunged Offenses Your county’s Conviction Record Transcript (“Police Check” or “Blue Sheet”) Your county’s clerk-of-courts’ website 2. (e. g. , www. courtclerk. org) Penalties Convictions Non. Convictions Background Checks Locations Covered by Check Only that county

BACKGROUND CHECKS What Appears on the Check 1. 4. 5. X X 7 yrs X X Expunged Offenses Your county’s Conviction Record Transcript (“Police Check” or “Blue Sheet”) Your county’s clerk-of-courts’ website 2. (e. g. , www. courtclerk. org) Private, commercial background check 3. (e. g. Accurint, Hire. Right, Intelius) Penalties Convictions Non. Convictions Background Checks Locations Covered by Check Only that county Statewide or Nationwide

BACKGROUND CHECKS What Appears on the Check 1. Bureau of Criminal Identification and 4. Investigation (“BCI&I” or just “BCI”) check 5. Expunged Offenses Your county’s Conviction Record Transcript (“Police Check” or “Blue Sheet”) Your county’s clerk-of-courts’ website 2. (e. g. , www. courtclerk. org) Private, commercial background check 3. (e. g. Accurint, Hire. Right, Intelius) Penalties Convictions Non. Convictions Background Checks X X 7 yrs X X X X depending on employer Locations Covered by Check Only that county Statewide or Nationwide Statewide

BACKGROUND CHECKS What Appears on the Check 1. Bureau of Criminal Identification and 4. Investigation (“BCI&I” or just “BCI”) check 5. FBI Background Checks Expunged Offenses Your county’s Conviction Record Transcript (“Police Check” or “Blue Sheet”) Your county’s clerk-of-courts’ website 2. (e. g. , www. courtclerk. org) Private, commercial background check 3. (e. g. Accurint, Hire. Right, Intelius) Penalties Convictions Non. Convictions Background Checks X X 7 yrs X X X depending on employer Locations Covered by Check Only that county Statewide or Nationwide Statewide Nationwide

Only two form letters: ‘No Record’ and ‘May Not Meet…’

FBI Background Check Page 1 Page 2

FBI Background Check Page 3 Page 4

So, can I get my record expunged?

So, can I get my record expunged? Lots of doors to get through first. By statute, only ‘first offenders’ are eligible.

What is a first offender?

What is a first offender? 1

What is a first offender? 1 A whole bunch

But some offenses are never eligible

But some offenses are never eligible Traffic offenses (except DUI). But traffic offenses don’t count as offenses at all for expungment purposes.

But some offenses are never eligible Traffic offenses (except DUI). But traffic offenses don’t count as offenses at all for expungment purposes. “Offenses of violence”

But some offenses are never eligible Traffic offenses (except DUI). But traffic offenses don’t count as offenses at all for expungment purposes. “Offenses of violence” Sexual offenses

But some offenses are never eligible Traffic offenses (except DUI). But traffic offenses don’t count as offenses at all for expungment purposes. “Offenses of violence” Sexual offenses Any offense against someone under 18 years old

But you can always get any non-convictions expunged! Non-conviction means not guilty Dismissed (pre-trial) Acquitted (at trial) No bill or Ignored (pre-indictment)

But you can always get any non-convictions expunged! Non-conviction means not guilty Dismissed (pre-trial) Acquitted (at trial) No bill or Ignored (pre-indictment) If you paid a ticket, you were found guilty

But you can always get any non-convictions expunged! Non-conviction means not guilty Dismissed (pre-trial) Acquitted (at trial) No bill or Ignored (pre-indictment) If you paid a ticket, you were found guilty Expungement of non-convictions is free. (and don’t let anyone tell you otherwise!)

But you can always get any non-convictions expunged! Non-conviction means not guilty Dismissed (pre-trial) Acquitted (at trial) No bill or Ignored (pre-indictment) If you paid a ticket, you were found guilty Expungement of non-convictions is free. (and don’t let anyone tell you otherwise!) Any number of non-convictions can be expunged, but judge still has discretion to deny

WHO CAN SEE EXPUNGED OFFENSES? Prosecutors, judges, and police

WHO CAN SEE EXPUNGED OFFENSES? Prosecutors, judges, and police A few employers, such as: Jobs working with children or the elderly (e. g. schools or health-care services) Law enforcement Lottery-related jobs

WHO CAN SEE EXPUNGED OFFENSES? Prosecutors, judges, and police A few employers, such as: Jobs working with children or the elderly (e. g. schools or health-care services) Law enforcement Lottery-related jobs Some professional licensing boards, such the State Accountancy Board, State Medical Board, State Dental Board, State Board of Nursing, State Board of Psychology, and others, for the purposes of license denial, suspension, or revocation.

WHO CAN SEE EXPUNGED OFFENSES? Prosecutors, judges, and police A few employers, such as: Jobs working with children or the elderly (e. g. schools or health-care services) Law enforcement Lottery-related jobs Some professional licensing boards, such the State Accountancy Board, State Medical Board, State Dental Board, State Board of Nursing, State Board of Psychology, and others, for the purposes of license denial, suspension, or revocation. In these cases, a person can be denied a job or professional license/certification because of an expunged offense.

JUVENILE RECORDS Juvenile justice records are not criminal records “adjudicated delinquents” a person with ONLY a juvenile record can legally say they have never been convicted of a crime They are not public information and will not appear on a background check from the Clerk of Courts, a sheriff’s check, or on private background checks For a few jobs, violent offenses and offenses that would have been a felony if committed by an adult will appear on a BCII/FBI background check

ADVICE FOR PEOPLE WHO ARE NOT ELIGIBLE FOR EXPUNGEMENT Enroll in a job training program Obtain letters of recommendation Include a short explanation about why the conviction would not prevent you from being a successful employee/tenant Do not lie on your application Be prepared to answer questions about your record Know the limits