CRIMINAL RECORDS, EXPUNGEMENT, & EMPLOYMENT IN OHIO Ohio Justice & Policy Center 215 East 9 th St., Suite 601 Cincinnati, OH 45202

What is a criminal record, anyway?

It depends! What is a criminal record, anyway?

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

B ACKGROUND C HECKS What Appears on the Check Non-Convictions Convictions Penalties Expunged Offenses

Your county’s Conviction Record Transcript (“Police Check” or “Blue Sheet”) XX Only that county What Appears on the Check Background Checks Non-ConvictionsConvictions Penalties ExpungedOffenses Locations Covered by Check B ACKGROUND C HECKS

Your county’s clerk-of-courts’ website (e.g., XXX Only that county Your county’s Conviction Record Transcript (“Police Check” or “Blue Sheet”) XX Only that county What Appears on the Check Background Checks Non-ConvictionsConvictions Penalties ExpungedOffenses Locations Covered by Check B ACKGROUND C HECKS

Private, commercial background check (e.g. Accurint, HireRight, Intelius) X 7 yrs XX Statewide or Nationwide Your county’s clerk-of-courts’ website (e.g., XXX Only that county Your county’s Conviction Record Transcript (“Police Check” or “Blue Sheet”) XX Only that county What Appears on the Check Background Checks Non-ConvictionsConvictions Penalties ExpungedOffenses Locations Covered by Check B ACKGROUND C HECKS

Private, commercial background check (e.g. Accurint, HireRight, Intelius) X 7 yrs XX Statewide or Nationwide Your county’s clerk-of-courts’ website (e.g., XXX Only that county Your county’s Conviction Record Transcript (“Police Check” or “Blue Sheet”) XX Only that county What Appears on the Check Background Checks Non-ConvictionsConvictions Penalties ExpungedOffenses Locations Covered by Check Bureau of Criminal Identification and Investigation (“BCI&I” or just “BCI”) check XXX X depending on employer Statewide B ACKGROUND C HECKS

Private, commercial background check (e.g. Accurint, HireRight, Intelius) X 7 yrs XX Statewide or Nationwide Your county’s clerk-of-courts’ website (e.g., XXX Only that county Your county’s Conviction Record Transcript (“Police Check” or “Blue Sheet”) XX Only that county What Appears on the Check Background Checks Non-ConvictionsConvictions Penalties ExpungedOffenses Locations Covered by Check Bureau of Criminal Identification and Investigation (“BCI&I” or just “BCI”) check XXX X depending on employer Statewide FBI Background ChecksXXX X depending on employer Nationwide B ACKGROUND C HECKS

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

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So, can I get my record expunged?

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

FelonyMinor MisdemeanorMisdemeanor What is a first offender?

FelonyMinor MisdemeanorMisdemeanor 1 What is a first offender?

FelonyMinor MisdemeanorMisdemeanor 1 What is a first offender? A whole bunch

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

 Prosecutors, judges, and police W HO C AN S EE E XPUNGED O FFENSES ?

 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 W HO C AN S EE E XPUNGED O FFENSES ?

 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. W HO C AN S EE E XPUNGED O FFENSES ?

 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. W HO C AN S EE E XPUNGED O FFENSES ?

 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 J UVENILE R ECORDS

A DVICE FOR P EOPLE W HO ARE N OT E LIGIBLE FOR E XPUNGEMENT  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