CRIMINAL
RECORDS, EXPUNGEME
NT,
& EMPLOYMENT
IN OHIO
Ohio Justice & Policy
Center
215 East 9th St., Suite 601
Cincinnati, OH 45202
It
depends!
What is a criminal record, anyway?
Who is asking?and
Who are they asking?
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
Only two form letters: ‘No Record’ and ‘May Not
Meet…’
Page 1 Page 2
FBI
Page 3 Page 4
Lots of doors to get through first.
By statute, only ‘first offenders’ are eligible.
So, can I get my record
expunged?
Felony
Minor Misdemeanor
Misdemeanor
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.
“Offenses of violence”
Sexual offenses
Any offense against someone under 18 years
old
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
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?
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
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