1 / 49

New Options for Making Redemption Real

New Options for Making Redemption Real. Certificates of Qualification for Employment, criminal-record sealing, and other legal relief for job seekers October 11, 2013. New Options for Making Redemption Real.

nikki
Download Presentation

New Options for Making Redemption Real

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. New Options forMaking Redemption Real Certificates of Qualification for Employment, criminal-record sealing, and other legal relief for job seekers October 11, 2013

  2. New Options forMaking Redemption Real 1. The Basics: What are civil impacts of criminal convictions and why do they matter? 2. Light on the horizon: Civil-impact changes under H.B. 86(2011) and S.B. 337 (2012) 3.CQEs & CAEs: How the new Certificates work and how to apply for them

  3. The Basics: What are civil impacts of criminal convictions and why do they matter?

  4. Civil impacts of conviction Civil Impacts = Collateral Consequences (UCCCA) Any penalty, disability, or disadvantage imposed on individual [, licensing agency, or employer] as a result of conviction [, arrest, or sentence] which applies by operation of law whether or not it is included in the judgment or sentence. (See R.C. 2961.21)

  5. Civil impacts of conviction Civil Impacts = Collateral Consequences • Does not include imprisonment, fine, any form of supervision, or costs, including cost of incarceration. • Includes mandatory anddiscretionaryconsequences affecting employment, housing, family, financial, and civic-participation rights. • Could be federal or state, but CIVICC Database and the new Certificates only address Ohio state law.

  6. Why Civil Impacts matter Civil impacts affect our whole economy • Former inmates make 40 percent less than before they were incarcerated.  Average lost income was $15,600 per year. Pew Center on the States, 2010 Collateral Costs: Incarceration’s Effect on Economic Mobility • 13.9 million working-age Americans with felony records. Their exclusion from labor market →$57-$65 billion lost U.S. GDP. Center for Economic and Policy Research, 2010 Ex-Offenders and the Labor Market Ohio’s share of lost GDP = $2 billion

  7. Civil impacts of conviction • 2005 Toledo study found 404 consequences in Ohio law. • Today, CIVICC contains 778... and counting. • Civil impacts affect the whole community: • 1.92 million Ohioans have a felony or misdemeanor conviction -- • — 1 in 6 — • Ohio Justice & Policy Center, 2011

  8. CIVICC database: http://CIVICCohio.org Online information about Civil Impacts under Ohio law

  9. What is CIVICC? Searchable online database for answering two questions specific specific Ohio civil impact criminal conviction TRIGGERED BY WHICH…? TRIGGERS WHAT…? s s

  10. Searching CIVICC

  11. How to use CIVICC health care

  12. How to use CIVICC DUI

  13. What about civil impacts under federal law? Civil impacts of conviction ABA is building a national database: National Inventory of Collateral Consequences of Conviction (“NICCC”) http://www.abacollateralconsequences.org

  14. Light on the horizon: Civil-impact changes under H.B. 86(2011, CAEs) and S.B. 337 (2012, CQEs ++ )

  15. Light on the horizon Civil Impact changes under S.B. 337: • For5 state licensing agencies, SB 337 limits exclusion of applicants with a criminal record: • Ohio Optical Dispensers Board • Registrar of Motor Vehicles(for motor vehicle salvage dealers, motor vehicle auctions, and salvage motor vehicle pools) • Construction Industry Licensing Board • Hearing Aid Dealers and Fitters Licensing Board • Director of Public Safety (for private investigators and security guards) • unless the offense is a “disqualifying offense”or • crime of moral turpitude.

  16. Civil Impact changes under SB 337 • ORC 4776.10 defines terms: • Disqualifying offense • is a felony and • has a direct nexus to an individual’s proposed or current field of licensure, certification, or employment.” • Crime of “moral turpitude” • Aggravated murder or murder • Any sexually oriented offense. • An offense of violence that is F1 or F2 • Any attempt, conspiracy or complicity • relating to one of the above offenses, • if the attempt, conspiracy, or complicity is an F1 or F2.

  17. Civil Impact changes under S.B. 337 State Board of Cosmetology: • cannot deny certification on the basis of prior incarceration or conviction for a crime. O.R.C. 4713.28(K). • must assist ex-offenders and military veterans who hold licenses to find employment. O.R.C. 4713.07(F). Driver’s License changes Child Support -- Newrules on imputed income

  18. Civil Impact changes under S.B. 337 New record-sealing rules AS OF 9/28/2012: • BASIC RULE: Two misdemeanors; or one misdemeanor and one felony. ORC 2953.31. • Same prohibited offenses as before (violence, sex offenses, child victim, traffic) exceptnon-payment of child support. ORC 2953.36. Guide to record sealing: http://bit.ly/OJPC-CrimRecManual

  19. Criminal-record sealing Juvenile record changes under SB 337 Record sealing (ORC 2151.356) - • Waiting period reduced from 2 years to 6 months • No fee for juvenile-record sealing • Sexual battery and gross sexual imposition now CAN be sealed • Confidentiality (ORC 109.572, 109.578) • Juvenile records now explicitly confidential in statute exceptfor aggravated murder, murder, and registration-eligible sex offenses

  20. CAEs & CQEs How the new Certificates work and how to apply for them

  21. CAEs & CQEs Two legal effects Converts mandatory civil impact into a discretionary one — no guarantee of getting license or privilege Protects employer from negligent-hiring liability

  22. Certificate of Achievement & Employability (CAE) • Granted by DRC • Only for inmates with less than 1 year left or currently on PRC/parole • Must have completed various kinds of programming in prison • No limit on types of offenses • Must name specific civil-impact — • use CIVICC • ORC 2961.22

  23. Certificate of Achievement & Employability (CAE) CAE www.drc.ohio.gov/ocss/AandEbrochure.pdf

  24. Certificate of Qualification for Employment (CQE) • ORC 2953.25 -- • CQE provides the same 2 benefits as CAE, • but available to many more people: • 6 months post-discharge for misdemeanor, • 1 year post-discharge for felony. • Court decides: • Court of county where applicant resides

  25. Certificate of Qualification for Employment (CQE) • “By a preponderance of the evidence: • “(a) Granting the petition will materially assist the individual in obtaining employment or occupational licensing. • “(b) The individual has a substantial need for the relief requested in order to live a law-abiding life. • “(c) Granting the petition would not pose an unreasonable riskto the safety of the public or any individual.” • R.C. 2953.25(C)(3)

  26. Certificate of Qualification for Employment (CQE) “The court may order any report, investigation, or disclosure by the individual that the court believes is necessary for the court to reach a decision . . .” -- thus the need for a filing fee. Apply at www.drccqe.com

  27. Applying for a CQE at www.drccqe.com

  28. Applying for a CQE Q

  29. Applying for a CQE

  30. Applying for a CQE

  31. Applying for a CQE

  32. Applying for a CQE

  33. Applying for a CQE

  34. Applying for a CQE

  35. Applying for a CQE

  36. Applying for a CQE Use CIVICC

  37. Applying for a CQE

  38. Applying for a CQE

  39. Applying for a CQE

  40. Applying for a CQE

  41. Applying for a CQE

  42. Applying for a CQE

  43. Applying for a CQE

  44. Applying for a CQE

  45. Other relief from civil impacts In addition -- INDIVIDUALS CAN SEEK: • Correction of criminal records enforced under federal FCRA • Clemency: pardon; commutation Learn more: http://bit.ly/OJPC-CrimRecManual (updated as new laws go into effect)

  46. Other relief from civil impacts In addition -- EMPLOYER INCENTIVES: • Federal Work Opportunity Tax Credit • Federal employee bonding program • EEOC guidance 2012 Echoed by - OFCCP - Labor Dept. for Workforce Investment orgs

  47. Key info for workforce professionals: EEOC Guidance, 1987 & April 2012: Blanket hiring restrictions against people with criminal records may violate Title VII – racial disparity. U.S. Dept. of Labor Training & Enforcement Guidance Letter, May 25, 2012: WIB one-stop staff must screen job postings for possible Title VII violations. Can put up job announcement, but must also post warning about possible Title VII violation.

  48. New Options forMaking Redemption Real Questions? Suzanne Brooks Suzanne.Brooks@odrc.state.oh.us Gayle Dittmer Gayle_Dittmer@fccourts.org Dan Peterca cpdxp@cuyahogacounty.us Pam Thurston pthurston@ohiojpc.org

More Related