New Options forMaking Redemption Real Certificates of Qualification for Employment, criminal-record sealing, and other legal relief for job seekers A n ODJFS Workforce Development webinar April 24, 2013
New Options forMaking Redemption Real The Basics: What are civil impacts of criminal convictions and why do they matter? CQEs & CAEs: How the new Certificates work and how to apply for them Criminal-record sealing: It’s not “expungement!” Learn the new rules DoL/WIA compliance: 5/25/12 TEGL for One-Stops
The Basics: What are civil impacts of criminal convictions and why do they matter?
What are CIVICCs? Civil Impacts = Collateral Consequences (UCCCA) Any penalty, disability, or disadvantage, however denominated imposed on individual [, licensing agency, or employer] as a result of conviction [, arrest, or sentence] which applies by operation of law whether or not the penalty, disability, or disadvantage is included in the judgment or sentence. (See R.C. 2961.21)
What are CIVICCs? • 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
Why CIVICCs matter Civil impacts affect our whole community 2005 Toledo study found 404 consequences. Today, CIVICC database contains 775... and counting. 1.92 million— 1 in 6 — Ohioans have a felony or misdemeanor conviction Ohio Justice & Policy Center, 2011
Why CIVICCs 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
CAEs & CQEs: How the new Certificates work and how to apply for them
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 she or he want relief from — use CIVICC
Certificate of Achievement & Employability (CAE) Two legal effects Converts mandatory civil impact into a discretionary one — no guarantee of getting license or privilege Protects employer from negligent-hiring liability
Applying for a CAE http://www.drc.ohio.gov /ocss/AandEbrochure.pdf Remember: only for people currently incarcerated or on parole/PRC
Certificate of Qualification for Employment (CQE) • R.C. 2953.25 • Granted by Court • Available as of Feb. 4, 2013 • Application process may differ depending on whether applicant was ever sentenced to a DRC-funded institution.
Certificate of Qualification for Employment (CQE) • If she ever incarcerated in DRC-funded institution: application vetted by Justice Reinvestment Officers (DRC) using online application system. • If never incarcerated in DRC-funded institution: can apply directly to court using form provided on DRC’s CQE website. • But see if your county’s court of common pleas has created a local rule, e.g. Montgomery County.
Certificate of Qualification for Employment (CQE) • Same two legal effects as the CAE, but available to many more people: • 6 months post-discharge for misdemeanor, • 1 year post-discharge for felony
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.”
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
Applying for a CQE www.drccqe.com
What is CIVICC? Searchable online database of all the civil impacts of criminal convictions under Ohio law. http://opd.ohio.gov/CIVICC
What is CIVICC? Searchable online database for answering two questions specific specific Ohio civil impact criminal conviction TRIGGERED BY WHICH…? TRIGGERS WHAT…? s s
Searching CIVICC theft
Criminal-record sealing: It’s not “expungement!” Learn the new rules
Criminal-record sealing: Expungement = erasure, obliteration, destruction, no one can ever find it.
Criminal-record sealing: That’s not what happens – that’s not what ever happened. Criminal-record sealing = put it in the locked file cabinet. Many state officials and agencies have the “key” to that cabinet.
SB 337: New criminal-record-sealing rules • Effective 9/28/2012 • BASIC RULE: Two misdemeanors; or one misdemeanor and one felony. • Same prohibited offenses (violence, sex offenses, child victim, traffic) except for non-payment of child support. • Minor misdemeanors treated the same
SB 337: New criminal-record-sealing rules • Revised Code § 2953.31 (A) • “Eligible offender” means anyone who has been convicted of an offense in this state or any other jurisdiction and: • who has not more than one felony conviction, • not more than two misdemeanor convictions if the convictions are not of the same offense, or • not more than one felony conviction and one misdemeanor conviction in this state or any other jurisdiction.
One more thing… • 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.
New Options forMaking Redemption Real This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License. Questions? Stephen JohnsonGrove firstname.lastname@example.org See also http://bit.ly/OJPC-CrimRecManual