The Ohio Justice & Policy Center’s CQE WorkbookCQE application, you can submit letters of recommendation, diplomas, program certificates, and other material showing how you are an

The Ohio Justice & Policy Center’s

CQE

Workbook

A step-by-step guide to applying for a

Certificate of Qualification for Employment

Last updated 9/24/2013

Check that you have the most up-to-date version by visiting:

http://bit.ly/OJPC-CQEworkbook

The process is complicated, but getting a CQE will

be valuable for opening doors to employment.

Don’t give up; KEEP GOING!

http://bit.ly/OJPC-CQEworkbook

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 cross-sector community education. Learn more at www.ohiojpc.org.

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 http://bit.ly/supportOJPC.

Version: 9/24/2013

This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 Unported License.

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CQE Application Workbook Page 1

Ohio Justice & Policy Center, 2013

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 Employment 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!



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].



[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 (http://CIVICCohio.org), 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!

http://civiccohio.org/



Step 3: Create an online CQE account

Your online application starts here

[3a] Go to www.drccqe.com. This is where your online application will live.

[3b] You must have an email 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 email account with Google,

Yahoo, or Hotmail. Follow the instructions for creating a new account with one of those

email providers then come back to the CQE website. (See page 10, step [7a].)

[3c] Come back to the CQE website (www.drccqe.com) 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.”

http://www.drccqe.com/

http://www.drccqe.com/



[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.



[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].



Step 5: Complete the “Certification Rationale” section



You’re making excellent progress. Remember to SAVE often!

This section of the application was definitely the longest and hardest.

Keep going!



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 “Employment 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.



[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 email you if there are any corrections needed on your application. If your

application is complete and ready to file, DRC will email you a copy of it. (That’s why

you need an email address; see page 4, step [3b].) You can also log back in to the CQE-

application 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



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 Employment. 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 Employment!

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: http://www.drc.ohio.gov/web/cqe_list.pdf

...and 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!

http://www.drc.ohio.gov/web/cqe_list.pdf

APPENDIX

Selected Collateral Sanctions

that you may be able to get relief from with a

Certificate of Qualification for Employment

CQE Application Workbook — APPENDIX: Selected Collateral Sanctions A-2


Children-Specific Sanctions

Context Code Section Content Civil Impact Summary Impact Type

Day Care 5104.09 Child day care Day care center, ineligibility for employment Employment

5104.09 Child day care Day care center, ineligibility for license

License, business/professional

5104.09 Child day care

Type A family day care home, ineligibility for employment Employment


Type A family day care home, ineligibility for license



Type B family day care home, ineligibility for employment Employment


Type B family day care home, ineligibility to own or operate


Out of Home Care 2151.86 Probate/Juvenile Courts

Appointment to care for a child in “out-of-home care” Employment

Home Health 3701.881 Dept. of Health Employment with a home health agency to provide care for a child Employment

Children's Services 5153.111 County children services

Ineligibility for employment with a public children services agency Employment

Older-Adult-Specific Sanctions


Adult care facility 5119.85 Dept. of Mental Health

Employment with an adult care facility to provide direct care to an adult resident

Long-term care 173.27 Dept. of Aging Employment with State long-term care ombudsperson Employment

173.394 Dept. of Aging

Employment with community-based long-term care agency Employment

Home Health 3701.881 Dept. of Health Employment with a home health agency to provide care for an older adult Employment

Hospice care 3712.09 Hospice care Employment with a hospice care program to provide direct care to an older adult Employment

Adult day care 3721.121 Nursing homes

Employment with a care home or adult day care program to provide direct care to an older adult Employment

Adult Foster Care 5119.693 Dept. of Mental Health Employment with adult foster home Employment



Healthcare


Medicaid-related 5111.03 Medical assistance programs (Medicaid)

Ineligibility to own or manage a medicaid provider

Government contract participation

5111.03

Medical assistance programs (Medicaid)

Ineligibility for employment with a medicaid provider Employment

5111.031


Suspension of medicaid contract for independent provider of waiver services


5111.032


Ineligibility for medicaid provider contract


5111.033


Employment with an “agency provider” of medicaid waiver services Employment

5111.034


Ineligibility to be an independent provider of medicaid waiver services


Specific licenses/ occupations/ employers

Code Section Content Civil Impact Summary Impact Type

Acupuncturist 4762.13 Occupations – acupuncturists

Certain case outcomes bar or limit eligibility for a certificate to practice.


Anethesiologist assistant 4760.13

Occupations – anesthesiologist assistants



Ambulette attendant

5101:3-15-02


Ambulette attendant – specified offenses bar or limit employment. Employment

Chemical Dependency Counselor 4758.24

Occupations – Chemical dependency professionals

Ineligibility for chemical dependency counseling license or certificate


4758.24

Occupations – Chemical dependency professionals

Ineligibility for prevention specialist certificate


Community Health Worker 4723.84

Occupations -- Community health workers

Certified community health worker -- certain felonies bar eligibility


Developmental Disabilities Related 5126.28

County boards of developmental disabilities

Employment with a county board of developmental disabilities Employment

5123.08

Dept. of Developmental Disabilities

Employment in classified government service – bars to reinstatement Employment

5123.081

Dept. of Developmental Disabilities

Employment with Ohio Department of Developmental Disabilities Employment

Dialysis Tech. 4723.75 Occupations – Dialysis technicians

Dialysis technician certificate -- certain felonies bar eligibility


Doctors 4731.22 Occupations -- physicians

Mandatory discipline against doctor of medicine, osteopathy or podiatry


4731.296 Occupations -- Telemedicine certificate: certain case License,



Healthcare

physicians outcomes bar or limit eligibility. business/professional

4731.22

Occupations -- limited branches of medicine



Emergency medical tech. 4765.301

Emergency medical services

Employment as an emergency medical technician Employment

Medication Aid 4723.651 Occupations – Medication aides

Medication aide certificate -- certain felonies bar eligibility


Mental Health Worker 5119.071 Dept. of Mental Health


Nurse 4723.28 Occupations – Nurses Nursing license – certain felonies bar eligibility


Optometrist 4725.19 Occupations – optometrists

Ineligibility for initial optometry license or certificate


Pharmacy Related 4729.42 Ohio board of pharmacy

Pharmacy technicians -- Felony bars employment Employment

4729.99

Ohio board of pharmacy

Permanent ineligibility for health care professional license


4729.99

Ohio board of pharmacy

Permanent ineligibility for health care employment Employment

Physician's Assistant 4730.25

Occupations – physician assistants

Certain case outcomes bar or limit eligibility for certificate to practice.


Radiologist Assistant 4774.13

Occupations – radiologist assistants



Offenses that render an individual ineligible for a CQE for any state license in healthcare

2903.01 Aggravated murder

2903.02 Murder

2903.03 Voluntary manslaughter

2903.11 Felonious assault

2905.01 Kidnapping

2907.02 Rape

2907.03 Sexual battery

2907.05 Gross sexual imposition

2909.02 Aggravated arson

2911.01 Aggravated robbery

2911.11 Aggravated burglary

2919.123 Unlawful distribution of an abortion-inducing drug

A CQE cannot be granted to lift a current suspension under:

3719.121 Suspending license, certificate, or registration of person addicted to or improperly distributing controlled substances

3123.43 for health care licenses suspended for failure to pay child support



Education Context Code Section Content Civil Impact Summary Impact Type

Any work in schools 3319.39

Dept. of Education

Criminal record check; ineligibility for any work in a school Employment

3319.391

Dept. of Education

Criminal records checks, disqualification of non-licensed school employees Employment

3319.392

Dept. of Education

Records check, ineligibility of contractor employee for work in a school Employment

autism program 3310.41 Dept. of Education

Ineligibility to work for “registered private provider” in autism program Employment

3310.41

Dept. of Education

Ineligibility to teach with “registered private provider” in autism program Employment

3310.41

Dept. of Education

Ineligibility for contract with private provider in autism program Employment

Boarding school 3328.2

Dept. of Education

Employment with private contractor at a public boarding school Employment

3328.24

Dept. of Education

Public college prep boarding school hiring restrictions


3328.24

Dept. of Education

Ineligibility to work for a public college prep boarding school Employment

3328.24

Dept. of Education

Ineligibility to teach in a public college prep boarding school Employment

community school 3314.03

Dept. of Education Community school hiring restrictions


3314.03

Dept. of Education Ineligibility to work for a community school Employment

3314.03

Dept. of Education Ineligibility to teach in a community school Employment

head start 3301.32 Dept. of Education Employment with head start agency Employment

preschool 3301.541 Dept. of Education Employment with a preschool program Employment

School bus driver 3327.1

Dept. of Education

School bus driver -- certain criminal case outcomes bar employment. Employment

special needs provider 3310.58

Dept. of Education

Ineligibility to be a special needs “registered private provider”


3310.58

Dept. of Education

Ineligibility to work for a special needs “registered private provider” Employment

3310.58

Dept. of Education

Ineligibility to teach with a special needs “registered private provider” Employment

3310.58

Dept. of Education

Ineligibility for contract with special needs “registered private provider” Employment

STEM schools 3326.11 Dept. of Education STEM school hiring restrictions

Government grants and loans

3326.11

Dept. of Education Ineligibility to work for a STEM school Employment

3326.25

Dept. of Education

Employment with a private company under contract with a STEM school Employment



teachers 3319.31 Dept. of Education

Teachers and other school personnel: bar to initial or renewed license


3319.31

Dept. of Education

Teachers and other school personnel: mandatory loss of license


3319.39

Dept. of Education

Criminal record check; ineligibility for teaching work in a school Employment

3314.41

Dept. of Education

Employment with a private company under contract with a community school Employment

work experience placement 3319.089

Dept. of Education

Ineligibility for work experience placement in a public school Employment

Public Employment


Firefighter 737.081 Municipal public safety Employment as a city firefighter Employment

737.221 Municipal public safety Employment as a village firefighter Employment

505.381 Townships

Employment as a township or district firefighter Employment

Parks, Natural Resources, Etc. 1501.013 Dept. of Natural Resources

Employment as a natural resources law enforcement staff officer -- eligibility Employment

1503.29 Ohio Division of Forestry

Employment as a forest officer -- eligibility Employment

1517.1

Ohio Division of Natural Areas and Preserves

Employment as a preserve officer -- eligibility Employment

1541.11

Ohio Division of Parks and Recreation

Employment as a state park officer -- eligibility Employment

1547.523 Ohio Division of Watercraft

Employment as a state watercraft officer -- eligibility Employment

1531.132 Ohio Division of Wildlife

Employment as a game protector -- eligibility Employment

1545.13 Park districts

Employment as a park district law enforcement officer -- eligibility Employment

Private correctional facility 9.07

Correctional facility contracts

Employment with private correctional facility barred by "malfeasance" Employment

State agencies, departments and public office 124.11

Dept. of Administrative Services, Personnel


5502.14 Dept. of Public Safety

Employment as enforcement agent with Investigative Unit -- eligibility Employment

5743.45 Dept. of Taxation

Employment as a tax enforcement agent -- eligibility Employment

5139.02 Dept. of Youth Services


101.721 General Assembly Disqualification as a legislative agent Employment



Public Employment

101.921 General Assembly

Disqualification as a retirement system lobbyist Employment

5505.048

Highway patrol retirement system

Member of state highway patrol retirement board

Civic and political participation

2921.41

Justice and Public Administration

Disqualification from public office for theft in office


2921.41


Disqualification from public employment for theft in office Employment

2921.43


Disqualification from public employment for soliciting improper compensation Employment

2921.43


Disqualification from public office for soliciting improper compensation


3770.021 Ohio lottery commission

Criminal records check; ineligibility for employment Employment

3770.05 Ohio lottery commission

Lottery sales agent license: criminal records check and disqualification


2961.02 Crimes, Procedure

Public office - exclusion from position involving control of property


2961.02 Crimes, Procedure

Public employment -- exclusion from position involving control of property Employment

109.511

Bureau of Criminal Identification and Investigation

Employment as investigator or special agent -- eligibility Employment

4121.121

Bureau of Workers’ Compensation


121.621 State departments

Disqualification as an executive agency lobbyist Employment



Other Occupations


Architect 4703.1 Occupations – Architects

Ineligibility for certificate of qualification as an architect


4703.34

Occupations – Landscape architects

Ineligibility for registration as a landscape architect


Asbestos abatement 3710.06 Asbestos abatement

Asbestos hazard abatement contractor’s license, eligibility


3710.06 Asbestos abatement

Employment with an asbestos hazard abatement contractor. Employment

Auctioneer 4707.02 Occupations – auctioneers

Ten-year bar to license for auctioneer or auction firm


Bingo operator 2915.11 Gambling

Disqualification to work as a bingo operator


Casinos 3772.07 Casino gaming Ineligibility for employment with Ohio casino control commission Employment

3772.07 Casino gaming

Casino-related license, mandatory loss or non-renewal Employment


Casino-related business and principals, mandatory denial or loss of license



Casino gaming employee, mandatory denial or loss of license Employment


Permanent bar to public office for improper influence on casino gaming



Permanent bar to public employment for improper influence on casino gaming Employment

Charitable organizations 1716.05

Charitable organizations

Employment with a fund-raising consultant, temporary bar Employment

1716.05

Charitable organizations Fund-raising consultant, temporary bar


1716.05


Member, officer or agent of a fund-raising consultant, temporary bar


1716.07


Employment with a professional fund-raiser, temporary bar Employment

1716.07

Charitable organizations Professional fund-raiser, temporary bar


1716.07


Member, officer or agent of a professional fund-raiser, temporary bar


1716.99


Charitable organization registration and fund-raising, temporary bar


Consumer finance 1321.37

Commerce – consumer finance

Restrictions on employment or contract with a licensed short-term lender Employment

1321.42

Commerce – consumer finance

Suspension or revocation of a license to make short-term loans


Construction 4740.06 Construction industry licensing board

Disqualification from license as a building trades contractor




Other Occupations Credit Unions 1733.2 Credit Unions Eligibility to serve as a credit union officer Employment

Manufacturer of controlled substances 3719.03 Controlled substances

License as a manufacturer or wholesaler of controlled substances


Horse Racing 3769.26 Horse racing Approval to establish a racetrack satellite facility


3769.26 Horse racing Operator of a racetrack satellite facility


3769.26 Horse racing Employment at a racetrack satellite facility Employment

3712.09 Hospice care

Employment with a hospice care program to provide direct care to an older adult Employment

Hunting/ Fishing- Commercial 1533.34 Hunting and fishing

License to use commercial fishing gear– certain felonies bar eligibility


1533.342 Hunting and fishing

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 fishing-related offenses


Junk yards/ Salvage yards 2961.03 Crimes, Procedure

Junk yard, loss of license for role in theft offense


4738.07

Licensed businesses – motor vehicle salvage

Mandatory denial of motor vehicle salvage license


4738.18

Licensed businesses – motor vehicle salvage Ineligibility for a buyer’s identification card Employment

Pawnbrokers 2961.03 Crimes, Procedure Pawnbroker, loss of license for role in theft offense


Petitions 2961.01 Crimes, Procedure Circulating election petitions – felony conviction is a bar


Private security 4749.03

Occupations – private investigators and security services Ineligibility for initial license


4749.03

Occupations – private investigators and security services Possible denial of initial license Employment

4749.06

Occupations – private investigators and security services

Felony bars employee registration for 20 years.


Real estate appraiser 4763.05

Occupations -- real estate appraisers

Appraiser or appraiser assistant – records check, barriers to certificate, license or registration


Veterinarian 4741.24 Veterinary medical licensing board

Permanent bar to veterinary license or registration


Documents

The Ohio Justice & Policy Center’s CQE WorkbookCQE application, you can submit letters of recommendation, diplomas, program certificates, and other material showing how you are an