criminal record & expungement presentation

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

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Page 1: Criminal Record & Expungement Presentation

CRIMINAL

RECORDS, EXPUNGEME

NT,

& EMPLOYMENT

IN OHIO

Ohio Justice & Policy

Center

215 East 9th St., Suite 601

Cincinnati, OH 45202

Page 2: Criminal Record & Expungement Presentation

It

depends!

What is a criminal record, anyway?

Who is asking?and

Who are they asking?

Page 3: Criminal Record & Expungement Presentation

Private, commercial background check

(e.g. Accurint, HireRight, Intelius)

X

7 yrsX X

Statewide or

Nationwide

Your county’s clerk-of-courts’ website

(e.g., www.courtclerk.org)X X X

Only that

county

Your county’s Conviction Record Transcript

(“Police Check” or “Blue Sheet”)X X

Only that

county

What Appears on the Check

Background ChecksN

on

-

Con

vic

tion

s

Con

vic

tion

s

Pen

altie

s

Exp

un

ged

Offe

nses Locations

Covered

by Check

Bureau of Criminal Identification and

Investigation (“BCI&I” or just “BCI”) checkX X X

Xdepending on

employer

Statewide

FBI Background Checks X X XX

depending on

employer

Nationwide

1.

2.

3.

4.

5.

BACKGROUND CHECKS

What Appears on the Check

Non-Convictions

Convictions

Penalties

Expunged Offenses

Page 4: Criminal Record & Expungement Presentation
Page 5: Criminal Record & Expungement Presentation
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Only two form letters: ‘No Record’ and ‘May Not

Meet…’

Page 8: Criminal Record & Expungement Presentation

Page 1 Page 2

FBI

Page 9: Criminal Record & Expungement Presentation

Page 3 Page 4

Page 10: Criminal Record & Expungement Presentation

Lots of doors to get through first.

By statute, only ‘first offenders’ are eligible.

So, can I get my record

expunged?

Page 11: Criminal Record & Expungement Presentation

Felony

Minor Misdemeanor

Misdemeanor

What is a first offender?

A whole bunch

Page 12: Criminal Record & Expungement Presentation

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

Page 13: Criminal Record & Expungement Presentation

But you can alwaysget 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

Page 14: Criminal Record & Expungement Presentation

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.

WHO CAN SEE EXPUNGED

OFFENSES?

Page 15: Criminal Record & Expungement Presentation

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

Page 16: Criminal Record & Expungement Presentation

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

JUVENILE RECORDS