How Convictions Affect State Licensure: Ohio Rehabilitation Criteria

Posted by Zukerman on Monday, March 19, 2012

IF THE APPLICANT HAS BEEN CONVICTED OF AN OFFENSE THAT IS ELIGIBLE FOR REHABILITATION, HE OR SHE MUST MEET THE REHABILITATION CRITERIA SET FORTH BELOW BEFORE THE STATE BOARD CAN ISSUE AN INITIAL LICENSE AND/OR A DISTRICT MAY EMPLOY THE APPLICANT:

(A) At the time of the offense, the victim of the offense was not a person under eighteen years of age or enrolled as a student in a district:

(B) If the offense was a felony, at least five years have elapsed since the applicant was fully discharged from imprisonment, probation, or parole or the applicant has had the record of his/her guilty plea, finding of guilt or conviction sealed or expunged pursuant to section 2953.32 of the Revised Code or any municipal ordinance or law of this state, another state or the United States that is substantially equivalent to section 2953.32 of the Revised Code. If the offense was a misdemeanor, at least five years have elapsed since the date of conviction or the applicant has had the record of his/her guilty plea, finding of guilt or conviction sealed or expunged pursuant to section 2953.32 of the Revised Code or any municipal ordinance or law of this state, another state or the United States that is substantially equivalent to section 2953.32 of the Revised Code; 

(C) The applicant has not pled guilty to, been found guilty by a jury or court of or convicted of the commission of any of the offenses listed in division (B) (1) of section 3319.39 of the Revised Code and section 3319.31 of the Revised Code or any municipal ordinance or law of this state, another state, or the United States that is substantially equivalent to the offenses listed in division (B) (1) of section 3319.39 of the Revised Code and section 3319.31 of the Revised Code two or more times in separate criminal actions, with the exception of two or more misdemeanor theft related convictions as defined in sections 2913.02, 2913.03, 2913.04, 2913.11 and 2913.51 of the Revised Code or any municipal ordinance or law of this state, another state, or the United States that is substantially equivalent to the offenses listed in sections 2913.02, 2913.03, 2913.04, 2913.11, 2913.51 of the Revised Code.  Convictions or guilty pleas resulting from or connected with the same act, or resulting from offenses committed at the same time, shall be counted as one conviction or guilty plea for purposes of this paragraph. A sealed or expunged conviction shall not be counted for purposes of this paragraph;

(D) The applicant provides written confirmation of his/her efforts at rehabilitation and the results of those efforts. Written confirmation may include a statement by a court, parole officer, probation officer and/or counselor that the applicant has been rehabilitated;

(E) A reasonable person would conclude that the applicant's hiring or licensure will not jeopardize the health, safety, or welfare of the persons served by the district. Evidence that the applicant's hiring or licensure will not jeopardize the health, safety, or welfare of the persons served by the district shall include, but not be limited to the following factors;

  • The nature and seriousness of the crime;
  • The extent of the applicant's past criminal activity;
  • The age of the applicant when the crime was committed;
  • The amount of time that has elapsed since the applicant's last criminal activity;
  • The conduct and work activity of the applicant before and after the criminal activity;
  • Whether the applicant has completed the terms of his probation or deferred adjudication;
  • Evidence of rehabilitation;
  • Whether the applicant fully disclosed the crime to the state board, the department and the district;
  • Whether employment or licensure will have a negative impact on the local education community;
  • Whether employment or licensure will have a negative impact on the state-wide education community; and 
  • Any other factors the state board, district, or superintendent considers relevant.

(F) It is the applicant's duty to provide written evidence upon application for employment or licensure that the conditions specified in paragraph (E) of this rule are met. If the applicant fails to provide such evidence or if the district or the state board determines that the proof offered by the applicant is inconclusive or does not establish proof of rehabilitation, the applicant shall not be hired and the license shall not be issued. Any doubt shall be resolved in favor of protecting the persons served by the district. If the licensure is denied, the state board, through the superintendent, shall notify the applicant and afford the applicant the opportunity to request an administrative hearing under section 3319.31 and Chapter 119. of the Revised Code.

OAC 3301-20-01

OFFENSES THAT ARE ELIGIBLE FOR REHABILITATION

A CONVICTION OF OR PLEA OF GUILTY TO ANY ONE OF THE FOLLOWING OFFENSES DISQUALIFIES THE APPLICANT FOR INITIAL LICENSURE OR EMPLOYMENT UNLESS THE APPLICANT MEETS THE REHABILITATION CRITERIA SET FORTH IN RULE 3301-20-01 OF THE OHIO ADMINISTRATIVE CODE:

R.C. 2903.08 Aggravated Vehicular Assault: Vehicular Assault

R.C. 2903.13 Assault

R.C. 2903.16 Failing to Provide for a Functionally Impaired Person

R.C. 2903.21 Aggravated Menacing

R.C. 2903.211 Menacing by Stalking

R.C. 2907.08 Voyeurism

R.C. 2907.09 Public Indecency

R.C. 2909.03 Arson

R.C. 2909.04 Disrupting Public Services

R.C. 2909.05 Vandalism

R.C. 2911.13 Breaking and Entering

R.C. 2911.31 Safe Cracking

R.C. 2911.32 Tampering with Coin Machines

R.C. 2913.02 Theft

R.C. 2913.03 Unauthorized Use of Vehicle

R.C. 2913.04 Unauthorized Use of Property; Computer, Cable or Telecommunication Property or Service

R.C. 2913.041 Possession or Sale of Unauthorized Cable Television Device

R.C. 2913.05 Telecommunications Fraud

R.C. 2913.06 Unlawful Use of Telecommunications Device

R.C. 2913.11 Passing Bad Checks

R.C. 2913.21 Misuse of Credit Cards

R.C. 2913.31 Forgery; Identification Card Offenses

R.C. 2913.32 Criminal Simulation

R.C. 2913.33 Making or Using Slugs

R.C. 2913.34 Trademark Counterfeiting

R.C. 2913.40 Medicaid Fraud

R.C. 2913.42 Tampering With Records

R.C. 2913.43 Securing Witnesses by Deception

R.C. 2913.45 Defrauding Creditors

R.C. 2913.46 Illegal Use of Food Stamps or WIC Program Benefits

R.C. 2913.47 Insurance Fraud

R.C. 2913.48 Worker's Compensation Fraud

R.C. 2913.51 Receiving Stolen Property

R.C. 2915.05 Cheating: Corrupting Sports

R.C. 2915.07 Conducting Illegal Bingo

R.C. 2917.47 Improperly Handling Infectious Agents

R.C. 2919.151 Partial Birth Feticide

R.C. 2919.17 Terminating or Attempting to Terminate Human Pregnancy After Viability

R.C. 2919.22 Endangering Children (except for sections (B)(1), (2), (3), or (4))

RC. 2919.24 Contributing to Unruliness or Delinquency of a Minor

R.C. 2919.25 Domestic Violence

R.C. 2921.12 Tampering With Evidence

R.C. 2921.35 Aiding Escape or Resistance to Authority

R.C. 2913.38 Harassment by Inmate

R.C. 2923.12 Carrying a Concealed Weapon

R.C. 2923.121 Illegal Possession of Firearm in Liquor Permit Premises

R.C. 2923.13 Having Weapon While Under Disability

R.C. 2923.32 Engaging in a Patter of Corrupt Activity

R.C. 2923.42 Participating in Criminal Gang

R.C. 2925.09 Offense Involving Unapproved Drugs; Dangerous Drug Offense Involving Livestock

R.C. 2925.11 Possession of Drugs-any violation that is not a minor misdemeanor

R.C. 2925.12 Possession of Drug Instruments

R.C. 2925.31 Abusing Harmful Intoxicants

R.C. 2927.13 Selling or Donating Contaminated Blood 

*Any felony offense not listed above.

* Any municipal ordinance or law of this state, another state, or the United States that is substantially equivalent to any of the offenses listed above.

* Any sealed or expunged convictions should also be considered.

 OFFENSES THAT ARE ABSOLUTE BARS;

OFFENSES THAT ARE INELIGIBLE FOR REHABILITATION

A CONVICTION OF OR PLEA OF GUILTY TO ANY ONE OF THE OFFENSES LISTED BELOW PERMANENTLY DISQUALIFIES THE APPLICANT FOR INITIAL LICENSURE OR EMPLOYMENT:

R.C. 2903.01 Aggravated Murder

R.C. 2903.02 Murder

R.C. 2903.03 Voluntary Manslaughter

R.C. 2903.04 Involuntary Manslaughter

R.C. 2903.041 RecklessHomicide

R.C. 2903.11 Felonious Assault

R.C. 2903.12 Aggravated Assault

R.C. 2903.15 Permitting Child Abuse

R.C. 2905.01 Kidnapping

R.C. 2905.02 Abduction

R.C. 2905.04 Child Stealing (Repealed)

R.C. 2905.05 Criminal Child Enticement

R.C. 2905.11 Extortion

R.C. 2907.02 Rape

R.C. 2907.03 Sexual Battery

R.C. 2907.04 Unlawful Sexual Conduct With a Minor

R.C. 2907.05 Gross Sexual Imposition

R.C. 2907.06 Sexual Imposition

R.C. 2907.07 Importuning

R.C. 2907.12 Felonious Sexual Penetration (former section)

R.C. 2907.21 Compelling Prostitution

R.C. 2907.22 Promoting Prostitution

R.C. 2907.23 Procuring

R.C. 2907.24 Soliciting: after positive HIV test

R.C. 2907.241 Loitering to Engage in Prostitution; Soliciting after positive HIV test

R.C. 2907.25 Prostitution; after positive HIV test

R.C. 2907.31 Disseminating matter Harmful to Juveniles

R.C. 2907.311 Displaying matter Harmful to Juveniles

R.C. 2907.32 Pandering Obscenity

R.C. 2907.321 Pandering Obscenity Involving a Minor

R.C. 2907.322 Pandering Sexually Oriented Matter Involving a Minor

R.C. 2907.323 Illegal Use of Minor in Nudity-Oriented Material or Performance

R.C. 2907.33 Deception to Obtain Matter Harmful to Juveniles

R.C. 2907.34 Compelling Acceptance of Objectionable Materials

R.C. 2909.02 Aggravated Arson

R.C. 2909.22 Soliciting or Providing Support for Acts of Terrorism

R.C. 2909.23 Making Terroristic Threat

R.C. 2909.24 Terrorism

R.C. 2911.01 Aggravated Robbery

R.C. 2911.02 Robbery

R.C. 2911.11 Aggravated Burglary

R.C. 2911.12 Burglary

R.C. 2913.44 Personating an Officer

R.C. 2917.01 Inciting to Violence

R.C. 2917.02 Aggravated Riot

R.C. 2917.03 Riot

R.C. 2917.31 Inducing Panic

R.C. 2917.33 Unlawful Possession or Use of Hoax Weapon of Mass Destruction

R.C. 2919.12 Unlawful Abortion

R.C. 2919.121 Performing or Inducing Unlawful Abortion Upon a Minor

R.C. 2919.13 Abortion Manslaughter

R.C. 2919.22 Endangering Children (division (B)(1), (2), (3) or (4))

R.C. 2919.23 Interference with Custody

R.C. 2921.02 Bribery

R.C. 2921.03 Intimidation

R.C. 2921.04 Intimidation of Attorney, Victim, or Witness in Criminal Case

R.C. 2921.05 Retaliation

R.C. 2921.11 Perjury

R.C. 2921.34 Escape

R.C. 2921.41 Theft in Office

R.C. 2923.122 Illegal Conveyance or Possession of Deadly Weapon or Dangerous Ordinance or Illegal Possession of Object Indistinguishable from Firearm in School Safety Zone

R.C. 2923.123 Illegal Conveyance of Deadly Weapon or Dangerous Ordinance into Courthouse; Illegal Possession or Control in Courthouse

R.C. 2923.161 Improper Discharge Firearm at or into Habitation; School-related Offenses

R.C. 2923.17 Unlawful Possession of Dangerous Ordinance; Illegally Manufacturing or Processing Explosives

R.C. 2923.21 Improperly Furnishing Weapons to a Minor

R.C. 2925.02 Corrupting Another with Drugs

R.C. 2925.03 Trafficking in Drugs

R.C. 2925.04 Illegal Manufacturing of Drugs or Cultivation of Marijuana

R.C. 2925.041 Illegal Assembly or Possession of Chemicals for the Manufacture of Drugs

R.C. 2925.05 Funding of Drug or Marijuana Trafficking

R.C. 2925.06 Illegal Administration or Distribution of Anabolic Steriods

R.C. 2925.13 Permitting Drug Use

R.C. 2925.22 Deception to Obtain a Dangerous Drug

R.C. 2925.23 Illegal Possession of Drug Documents

R.C. 2925.24 Tampering with Drugs

R.C. 2925.32 Trafficking in Harmful Intoxicants; Improperly Dispensing or Distributing Nitrous Oxide

R.C. 2925.36 Illegal Dispensing of Drug Samples

R.C. 2925.37 Possession of Counterfeit Controlled Substances

R.C. 2927.24 Contaminating Substance for Human Consumption or Use or Contamination with Hazardous Chemical, Biological, or Radioactive Substance; Spreading False Report

R.C. 3716.11 Placing Harmful Objects in Food/Confection

*Attempt, complicity or conspiracy to any of the offenses listed above. 

* Any municipal ordinance or law of this state, another state, or the United States that is substantially equivalent to any of the offenses listed above.

* Any sealed or expunged convictions should also be considered.

 

Comments

Feed You can follow this conversation by subscribing to the comment feed for this post.

The comments to this entry are closed.