Certificate of Qualification of Employment

Certificate of Qualification for Employment

Have you have been convicted of a crime?  Are you having a hard time getting a job or occupational license?  You may be helped by a new law.  You can now seek a certificate of qualification for employment.

You will need to file a petition.  You can file with the deputy director of the division of parole and community services if you served time in a state prison.  Or you can file with the Court of Common Pleas if you didn’t serve time in a state prison.  You must wait to file for a length of time after you are released from all sanctions. For a felony, you must wait one year.  For a misdemeanor, you must wait six months.

In all cases, the Court of Common Pleas will request comments from all other Ohio courts where you have a conviction record.  The court reviews your criminal history and any comments by prosecutors, victims, and other courts.  The court can order an investigation.  After all the requested information is received, the court will decide whether to issue a certificate within sixty days.

You must establish that granting the petition:

  • Is required to help you in obtaining employment or an occupational license;
  • Is needed in order for you to live a law-abiding life; and
  • Granting will not pose an unreasonable threat to public or individual safety.

The court cannot issue a certificate that grants certain relief:

  • Registration and other requirements for sex offenders;
  • License suspension, cancellation or revocation which occurred due to 12+ points, vehicular homicide or vehicular manslaughter, DUI or failure to consent to blood, breath or urine test, if relief is available by law to grant limited driving privileges.
  • Restrictions on employment as a prosecutor or law enforcement officer;
  • License of health care professional if convicted of, or eligible for intervention in lieu of conviction, for aggravated murder, murder, voluntary manslaughter; felonious assault; kidnapping; rape, sexual battery, gross sexual imposition; aggravated arson; aggravated robbery, aggravated burglary; or unlawful distribution of abortion inducing drug;
  • Immediate suspension of health care professional license for addiction or improperly distributing a controlled substance;
  • Denial of employment at a pain clinic (which is a category III distributor of dangerous drugs);
  • Suspension of license of health care professional for failure to pay child support;

The court will notify you if it denies your petition or if any conditions are placed on your future application.  Appeal to Ct of App available under abuse of discretion standard.

The court will make a case-by-case decision as to occupational licenses.

There is no relief from mandatory civil sanctions.  You cannot be an elector, juror, petition circulator or hold position of honor, trust or profit.

The certificate will be revoked if you are convicted of a felony.

 

This article is meant to give you general information and not to give you specific legal advice.Prepared by Community Legal Aid Services, Inc. Updated August 2012. CE-89-F284-CLAS