The Ohio Justice & Policy Center s. CQE Workbook. A step-by-step guide to applying for a Certificate of Qualification for Employment

Transcription

1 The Ohio Justice & Policy Center s CQE Workbook A step-by-step guide to applying for a Certificate of Qualification for Last updated 9/24/2013 Check that you have the most up-to-date version by visiting: The process is complicated, but getting a CQE will be valuable for opening doors to employment. Don t give up; KEEP GOING!

2 This workbook was created by the Ohio Justice & Policy Center. OJPC creates fair, intelligent, and redemptive criminal justice systems through zealous client-centered representation, innovative policy advocacy, and crosssector community education. Learn more at OJPC provides trainings and useful resources similar to this one for lawyers, reentry and workforce-development professionals, and others all for free. Please consider supporting OJPC at Version: 9/24/2013 This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 Unported License.

3 CQE Application Workbook Page 1 Why is a CQE valuable to me? Erases Two Effects of Criminal Records CQEs erase legal job barriers Many jobs in Ohio either require a state-issue license or have legal restrictions on who can work in them. These legal job barriers are sometimes called collateral sanctions or the civil impacts of criminal convictions. When the law imposes a mandatory restriction one that absolutely prevents the person with the specific criminal record from working or being licensed in that field a Certificate of Qualification for creates flexibility. Instead of relying on the blanket restriction, the state agency that governs that field of employment is required to individually look at anyone with a CQE to determine whether they are fit for the job. The CQE does not guarantee the job or license it allows, but does not require, the agency to let you into this field of employment. CQEs erase employer fear The number one reason employers run criminal-record checks and do not hire people with criminal records is because they are afraid that, if the new employee does something bad in the future, the employer will get sued. When a job applicant has a CQE, the employer can be confident they won t get sued in that way. The CQE creates immunity from negligent-hiring lawsuits. Does Not Erase the Record Itself CQEs are not expungement CQEs are a new way to overcome legal job barriers and employer fear. They are not in any way related to getting your criminal record sealed or expunged. Once you get a CQE, state licensing agencies and employers will still be able to see all your convictions on a background check. CQEs are available to far more people than criminal-record sealing; the eligibility rules for CQEs are much more wide open. How do you apply for a CQE? Keep going!

4 CQE Application Workbook Page 2 Step 1: Can you apply yet? The only hard and fast eligibility rule for CQEs is that you have to wait 1 year from the final discharge of your last felony or 6 months from the final discharge of your last misdemeanor. Final discharge means the date you were completely done with paying all fines, done with any jail or prison term, and done with probation or parole. If you re not past that waiting period yet, you cannot apply today. Even if you can t apply today, you are welcome to use the rest of this packet to begin thinking through everything you ll need to apply for a CQE when your waiting period is past. Step 2: Figure out which laws are holding you back Which jobs? [2a] Where have you worked? What field of employment do you want to work in? Are you in school, or have you gone to school, for a particular kind of work? Which laws? [2b] Review the appendix of collateral sanctions at the end of this workbook. Find all the laws related to the field(s) of employment that you are realistically interested in. Write down the name and number of the law(s). You will by typing the collateral sanctions you circled into your online CQE application. See step [4b].

5 CQE Application Workbook Page 3 [2c] Not all of these laws may actually apply to you. To figure out which does, you first need to know your complete criminal record. Using any criminal-record check you brought with you. You could also try visiting the clerk of courts website for each county where you have a conviction. Record all of this information: Name of offense Misdemeanor or Felony? M / F Year County Case number You will be typing all of this into your online CQE application. See step [4d]. [2d] Narrow down which laws apply to you based on the convictions you have. Using the Ohio Civil Impacts of Criminal Convictions Database ( search for the civil impacts that apply to the jobs you are interested in (see [2b] on page 2). Find out if your specific offenses trigger legal barriers to the jobs you are interested in. Go back to page 2 and circle the legal job barriers that actually apply to you based on your offenses. CIVICCohio.org Step 2 done! That was the most technical part. Your CQE application will be much better and easier now that you have that information clear. But you re not done yet... Keep going!

6 CQE Application Workbook Page 4 Step 3: Create an online CQE account Your online application starts here [3a] Go to This is where your online application will live. [3b] You must have an account to apply for a CQE. If you don t have one, scroll down on this first page of the website to find links to create account with Google, Yahoo, or Hotmail. Follow the instructions for creating a new account with one of those providers then come back to the CQE website. (See page 10, step [7a].) [3c] Come back to the CQE website ( and click New user in the Login box in the top right. If your most serious offense was a felony and it has been more than a year since your last offense (see step 1!), check the box for Yes it has been more than a year. If your most serious offense was a misdemeanor and it has been more than six months, check the box for Yes it has been more than six months.

7 CQE Application Workbook Page 5 [3d] Then, below that, fill in all the identification and contact information required. Now you have a CQE account. Nice work. Keep going! Step 4: Fill out the Certification Request section [4a] Open My Tasks and navigate to the Certification Request section of the CQE application.

8 CQE Application Workbook Page 6 [4b] Type in the name and number of each legal job barrier you circled on page 2, step [2b]. [4c] If the legal job barrier involves a particular licensing board, check the Yes box and type in the name of the occupation and the licensing board. Also, always select Yes for the next question. (This has to do with the negligent-hiring protection. See CQEs Erase Employer Fear on page 1.) [4d] In the interest of time, skip Summary of Criminal History. It is easy to fill this out later with the information you gathered on page 3, step [2c].

9 CQE Application Workbook Page 7 Step 5: Complete the Certification Rationale section

10 CQE Application Workbook Page 8 You re making excellent progress. Remember to SAVE often! This section of the application was definitely the longest and hardest. Keep going!

11 CQE Application Workbook Page 9 Step 6: What s left to do online You probably will only get as far as step 5 today. That s a huge amount of work completed! After today s session, go back and fill in your complete criminal history (see page 6, step [4d]). [6a] Complete the History, References, and Family Members sections. These are fairly self explanatory. [6b] Print and check your work. Go back and edit anything you want to improve.

12 CQE Application Workbook Page 10 [6c] When you re confident that your application is complete and as strong as it can be, then you formally submit the application to DRC for review. Congratulations! Your CQE application is submitted to DRC that s the first big hurdle. But you re not done yet. Don t give up... Keep going! Step 7: After you submit your application online; the court process [7a] DRC will you if there are any corrections needed on your application. If your application is complete and ready to file, DRC will you a copy of it. (That s why you need an address; see page 4, step [3b].) You can also log back in to the CQEapplication website to download or print it. [7b] When DRC gives you the go-ahead, then you print your complete application, make copies, and bring one copy to your local court of common pleas to file. Along with the CQE application, you can submit letters of recommendation, diplomas, program certificates, and other material showing how you are an excellent citizen. NOTE: a CQE application is a civil filing, not a criminal filing. Your clerk of courts may have different personnel, desks, or offices for civil vs. criminal filings. [7c] The court will then conduct an investigation. They will ask for information from every other Ohio court where you have a conviction. The prosecutor can file comments or even oppose the CQE application; the prosecutor can also reach out to victims of your

13 CQE Application Workbook Page 11 past crime(s) to get their input. If relevant, the state licensing board related to your CQE application may weigh in. [7d] When the court determines it is done with its investigation, by law, it then has 60 days to make a decision about whether to grant your CQE. If they decide in your favor, they will send an order to DRC, which will then issue the official Certificate of Qualification for. DRC will also maintain a separate website where employers or anyone else can verify that you have a current and valid CQE. CONGRATULATIONS! You are the proud holder of a Certificate of Qualification for! A couple more things to note: Your CQE will be automatically revoked and invalid if you commit another felony. You can present your CQE (or a copy) to any employer and explain to them the negligent-hiring protection. You may find it helpful to be ready to explain this in job interviews. Any prospective employer or licensing agency can verify that your CQE is current and valid by going to: most importantly... You are not a felon. You are not an ex-felon, ex-convict, nor an ex-offender. You are and always have been a PERSON. Period. You happen to be a person who has a criminal record, but that record does not define who you are. Don t ever forget that. This CQE acknowledges that you are a citizen and positive community member. It changes your legal status even though it doesn t remove the criminal record itself. Good luck job hunting!

14 APPENDIX Selected Collateral Sanctions that you may be able to get relief from with a Certificate of Qualification for

15 CQE Application Workbook APPENDIX: Selected Collateral Sanctions A-2 Context Children-Specific Sanctions Code Section Content Civil Impact Summary Impact Type Day Care Child day care Day care center, ineligibility for employment Child day care Day care center, ineligibility for license Child day care Child day care Child day care Child day care Out of Home Care Probate/Juvenile Courts Home Health Health Children's Services County children services Type A family day care home, ineligibility for employment Type A family day care home, ineligibility for license Type B family day care home, ineligibility for employment Type B family day care home, ineligibility to own or operate Appointment to care for a child in out-ofhome care with a home health agency to provide care for a child Ineligibility for employment with a public children services agency Older-Adult-Specific Sanctions Context Code Section Content Civil Impact Summary Impact Type Adult care facility Mental Health Long-term care Aging Aging Home Health Health Hospice care Hospice care Adult day care Nursing homes Adult Foster Care with an adult care facility to provide direct care to an adult resident with State long-term care ombudsperson with community-based long-term care agency with a home health agency to provide care for an older adult with a hospice care program to provide direct care to an older adult with a care home or adult day care program to provide direct care to an older adult Mental Health with adult foster home

16 CQE Application Workbook APPENDIX: Selected Collateral Sanctions A-3 Context Medicaid-related Specific licenses/ occupations/ employers Healthcare Code Section Content Civil Impact Summary Impact Type Acupuncturist Anethesiologist assistant Ambulette attendant Medical assistance programs (Medicaid) Medical assistance programs (Medicaid) Medical assistance programs (Medicaid) Medical assistance programs (Medicaid) Medical assistance programs (Medicaid) Medical assistance programs (Medicaid) Ineligibility to own or manage a medicaid provider Ineligibility for employment with a medicaid provider Suspension of medicaid contract for independent provider of waiver services Ineligibility for medicaid provider contract with an agency provider of medicaid waiver services Ineligibility to be an independent provider of medicaid waiver services Government contract Government contract Government contract Government contract Code Section Content Civil Impact Summary Impact Type 5101: Chemical Dependency Counselor Community Health Worker Developmental Disabilities Related Dialysis Tech Doctors Occupations acupuncturists Occupations anesthesiologist assistants Medical assistance programs (Medicaid) Occupations Chemical dependency professionals Occupations Chemical dependency professionals Occupations -- Community health workers County boards of developmental disabilities Developmental Disabilities Developmental Disabilities Occupations Dialysis technicians Occupations -- physicians Certain case outcomes bar or limit eligibility for a certificate to practice. Certain case outcomes bar or limit eligibility for a certificate to practice. Ambulette attendant specified offenses bar or limit employment. Ineligibility for chemical dependency counseling license or certificate Ineligibility for prevention specialist certificate Certified community health worker -- certain felonies bar eligibility with a county board of developmental disabilities in classified government service bars to reinstatement with Ohio Department of Developmental Disabilities Dialysis technician certificate -- certain felonies bar eligibility Mandatory discipline against doctor of medicine, osteopathy or podiatry Occupations -- Telemedicine certificate: certain case

17 CQE Application Workbook APPENDIX: Selected Collateral Sanctions A Emergency medical tech Medication Aid Mental Health Worker Healthcare physicians outcomes bar or limit eligibility. Occupations -- limited branches of medicine Emergency medical services Occupations Medication aides Mental Health Nurse Occupations Nurses Optometrist Pharmacy Related Physician's Assistant Radiologist Assistant Occupations optometrists Ohio board of pharmacy Ohio board of pharmacy Ohio board of pharmacy Occupations physician assistants Occupations radiologist assistants Certain case outcomes bar or limit eligibility for a certificate to practice. as an emergency medical technician Medication aide certificate -- certain felonies bar eligibility in classified government service bars to reinstatement Nursing license certain felonies bar eligibility Ineligibility for initial optometry license or certificate Pharmacy technicians -- Felony bars employment Permanent ineligibility for health care professional license Permanent ineligibility for health care employment Certain case outcomes bar or limit eligibility for certificate to practice. Certain case outcomes bar or limit eligibility for a certificate to practice. Offenses that render an individual ineligible for a CQE for any state license in healthcare Aggravated murder Murder Voluntary manslaughter Felonious assault Kidnapping Rape Sexual battery Gross sexual imposition Aggravated arson Aggravated robbery Aggravated burglary Unlawful distribution of an abortion-inducing drug A CQE cannot be granted to lift a current suspension under: Suspending license, certificate, or registration of person addicted to or improperly distributing controlled substances for health care licenses suspended for failure to pay child support

18 CQE Application Workbook APPENDIX: Selected Collateral Sanctions A-5 Context Code Section Content Civil Impact Summary Impact Type Any work in schools autism program Boarding school community school head start preschool School bus driver special needs provider STEM schools Criminal record check; ineligibility for any work in a school Criminal records checks, disqualification of non-licensed school employees Records check, ineligibility of contractor employee for work in a school Ineligibility to work for registered private provider in autism program Ineligibility to teach with registered private provider in autism program Ineligibility for contract with private provider in autism program with private contractor at a public boarding school Public college prep boarding school hiring restrictions Ineligibility to work for a public college prep boarding school Ineligibility to teach in a public college prep boarding school Community school hiring restrictions Government contract Government contract Ineligibility to work for a community school Ineligibility to teach in a community school with head start agency with a preschool program School bus driver -- certain criminal case outcomes bar employment. Ineligibility to be a special needs registered private provider Ineligibility to work for a special needs registered private provider Ineligibility to teach with a special needs registered private provider Ineligibility for contract with special needs registered private provider STEM school hiring restrictions Government contract Government grants and loans Ineligibility to work for a STEM school with a private company under contract with a STEM school

19 CQE Application Workbook APPENDIX: Selected Collateral Sanctions A-6 teachers work experience placement Teachers and other school personnel: bar to initial or renewed license Teachers and other school personnel: mandatory loss of license Criminal record check; ineligibility for teaching work in a school with a private company under contract with a community school Ineligibility for work experience placement in a public school Context Public Code Section Content Civil Impact Summary Impact Type Firefighter Municipal public safety as a city firefighter Municipal public safety as a village firefighter Townships Parks, Natural Resources, Etc Natural Resources Ohio Division of Forestry Private correctional facility 9.07 State agencies, departments and public office Ohio Division of Natural Areas and Preserves Ohio Division of Parks and Recreation Ohio Division of Watercraft Ohio Division of Wildlife Park districts Correctional facility contracts Administrative Services, Personnel Public Safety Taxation Youth Services as a township or district firefighter as a natural resources law enforcement staff officer -- eligibility as a forest officer -- eligibility as a preserve officer -- eligibility as a state park officer -- eligibility as a state watercraft officer -- eligibility as a game protector -- eligibility as a park district law enforcement officer -- eligibility with private correctional facility barred by "malfeasance" in classified government service bars to reinstatement as enforcement agent with Investigative Unit -- eligibility as a tax enforcement agent -- eligibility in classified government service bars to reinstatement General Assembly Disqualification as a legislative agent

20 CQE Application Workbook APPENDIX: Selected Collateral Sanctions A-7 Public General Assembly Highway patrol retirement system Justice and Public Administration Justice and Public Administration Justice and Public Administration Justice and Public Administration Ohio lottery commission Ohio lottery commission Crimes, Procedure Crimes, Procedure Bureau of Criminal Identification and Investigation Bureau of Workers Compensation State departments Disqualification as a retirement system lobbyist Member of state highway patrol retirement board Disqualification from public office for theft in office Disqualification from public employment for theft in office Disqualification from public employment for soliciting improper compensation Disqualification from public office for soliciting improper compensation Criminal records check; ineligibility for employment Lottery sales agent license: criminal records check and disqualification Public office - exclusion from position involving control of property Public employment -- exclusion from position involving control of property as investigator or special agent -- eligibility in classified government service bars to reinstatement Disqualification as an executive agency lobbyist Civic and political Civic and political Civic and political business/professi onal Civic and political

21 CQE Application Workbook APPENDIX: Selected Collateral Sanctions A-8 Context Architect Other Occupations Code Section Content Civil Impact Summary Impact Type Occupations Architects Occupations Landscape architects Asbestos abatement Asbestos abatement Auctioneer Asbestos abatement Occupations auctioneers Bingo operator Gambling Casinos Casino gaming Charitable organizations Casino gaming Casino gaming Casino gaming Casino gaming Casino gaming Consumer finance Construction Charitable organizations Charitable organizations Charitable organizations Charitable organizations Charitable organizations Charitable organizations Charitable organizations Commerce consumer finance Commerce consumer finance Construction industry licensing board Ineligibility for certificate of qualification as an architect Ineligibility for registration as a landscape architect Asbestos hazard abatement contractor s license, eligibility with an asbestos hazard abatement contractor. Ten-year bar to license for auctioneer or auction firm Disqualification to work as a bingo operator Ineligibility for employment with Ohio casino control commission Casino-related license, mandatory loss or non-renewal Casino-related business and principals, mandatory denial or loss of license Casino gaming employee, mandatory denial or loss of license Permanent bar to public office for improper influence on casino gaming Permanent bar to public employment for improper influence on casino gaming with a fund-raising consultant, temporary bar Fund-raising consultant, temporary bar Member, officer or agent of a fund-raising consultant, temporary bar with a professional fundraiser, temporary bar Professional fund-raiser, temporary bar Member, officer or agent of a professional fund-raiser, temporary bar Charitable organization registration and fund-raising, temporary bar Restrictions on employment or contract with a licensed short-term lender Suspension or revocation of a license to make short-term loans Disqualification from license as a building trades contractor Civic and political Civic and political

22 CQE Application Workbook APPENDIX: Selected Collateral Sanctions A-9 Other Occupations Credit Unions Credit Unions Eligibility to serve as a credit union officer Manufacturer of controlled substances Controlled substances Horse Racing Horse racing License as a manufacturer or wholesaler of controlled substances Approval to establish a racetrack satellite facility Horse racing Operator of a racetrack satellite facility Horse racing at a racetrack satellite facility Hospice care Hunting/ Fishing- Commercial Hunting and fishing Junk yards/ Salvage yards Hunting and fishing Hunting and fishing Hunting and fishing Hunting and fishing Crimes, Procedure Licensed businesses motor vehicle salvage Licensed businesses motor vehicle salvage Pawnbrokers Crimes, Procedure Petitions Crimes, Procedure Private security Real estate appraiser Veterinarian Occupations private investigators and security services with a hospice care program to provide direct care to an older adult License to use commercial fishing gear certain felonies bar eligibility Commercial fishing license certain felonies bar eligibility Permit to handle fish at wholesale -- certain felonies bar eligibility Commercial fishing licenses Permanent revocation for multiple fishing-related offenses Permit to handle fish at wholesale Permanent revocation for multiple fishingrelated offenses Junk yard, loss of license for role in theft offense Mandatory denial of motor vehicle salvage license Ineligibility for a buyer s identification card Pawnbroker, loss of license for role in theft offense Circulating election petitions felony conviction is a bar Ineligibility for initial license Civic and political Occupations private investigators and security services Possible denial of initial license Occupations private investigators and security services Occupations -- real estate appraisers Veterinary medical licensing board Felony bars employee registration for 20 years. Appraiser or appraiser assistant records check, barriers to certificate, license or registration Permanent bar to veterinary license or registration