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Ohio Justice & Policy Center, 2013

CQE

Workbook A step-by-step guide to applying for a

Certificate of Qualification for Employment

The process is complicated, but getting a CQE will be valuable for opening doors to employment.

Don’t give up — keep going!

pthurston

CQE Application Workbook Page 1


Why is a CQE valuable to me?

Erasing Two Effects of Criminal Records CQEs erase the 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.

Not Erasing the Record Itself CQEs are not expungement

CQEs are a new way to overcome legal job barriers and employer fear. They are not at all 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. The eligibility rules for CQEs are much more wide open than the rules for criminal-record sealing or expungement.

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 list of mandatory legal job barriers. 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 typing the circled barriers into you 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 or the Hamilton County Clerk of Courts website (www.courtclerk.org) 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://www.courtclerk.org/

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.

[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 or if your

application is complete and ready to file. (That’s why you need an email address; see page 4, step [3b].)

[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 is 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.

...and most importantly...

You are not a felon. You are not an 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!

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