To amend section 2953.25 of the Revised Code to modify when a person may file a petition for a certificate of qualification for employment.
HB268 would amend Ohio’s certificate of qualification for employment (CQE) law to change when a person may apply for relief from employment- and licensing-related collateral sanctions that result from a criminal conviction. The bill keeps the existing CQE framework, under which a court or the Department of Rehabilitation and Correction’s designee can issue a certificate that helps reduce automatic barriers to work, but it revises the timing rules for filing. Under the bill, people with felony convictions could generally apply one year after release from incarceration or final release from sanctions, and people with misdemeanor convictions could generally apply six months after release or final release, with DRC authorized to create rules allowing earlier filing for some applicants.
The bill also preserves and clarifies the CQE process for both in-state and out-of-state residents, fee requirements and possible fee waivers for indigent applicants, notice to prosecutors and other courts, and the factors courts must consider when deciding whether to issue a certificate. It continues to require courts to assess whether the certificate would materially help the applicant obtain employment or occupational licensing, whether the applicant needs the relief to live law-abidingly, and whether issuance would pose an unreasonable risk to public safety. The bill maintains limits on what CQEs can do, including no relief from certain sex-offender, driver’s license, and specified health-care licensing consequences, and it preserves the certificate’s role as a rebuttable presumption in licensing and employment decisions.
HB268 would affect Ohio Revised Code section 2953.25 and related CQE administration by the Department of Rehabilitation and Correction and the courts of common pleas. It would continue the state’s system for helping people with criminal records overcome occupational barriers, while making the application process available sooner in many cases. The bill also retains provisions on employer protections, including evidence of due care and immunity in negligent hiring claims when an employer knew of a CQE, and it keeps the revocation rule if the certificate holder later commits a felony.
The available voting history suggests strong support and little opposition. The bill received unanimous favorable passage in the House Small Business Committee and then passed the House 93-0. No committee transcript excerpts were provided, so there is no recorded floor or committee debate to indicate significant public controversy in the materials supplied.
The main policy question reflected in the bill is how quickly people with convictions should be allowed to seek relief from employment barriers after completing their sentences. Support appears to center on reentry, workforce participation, and reducing recidivism by allowing earlier access to jobs and licenses. Any potential concern would likely focus on public safety, licensing standards, and whether earlier eligibility could reduce the time available to demonstrate rehabilitation, but no specific opposition is shown in the provided record.
HB268 would amend Ohio Revised Code section 2953.25 governing certificates of qualification for employment, changing the timing for when eligible individuals may file petitions and preserving the existing CQE structure for courts and the Department of Rehabilitation and Correction. It would affect people with felony and misdemeanor convictions seeking relief from employment and occupational licensing collateral sanctions, while leaving intact major exclusions for certain sex-offender, driver’s license, and health-care-related sanctions. The bill also continues the legal protections and evidentiary effects associated with CQEs for employers and licensing agencies, and it requires DRC to maintain a public database and annual report on certificates granted and revoked.
The bill appears to have been received positively in the available legislative record. It advanced unanimously out of the House Small Business Committee and passed the House by a 93-0 vote, indicating broad bipartisan support and little visible opposition in the materials provided. The lack of committee transcript excerpts means there is no detailed debate record here, but the voting history suggests the proposal was viewed favorably as a workforce and reentry measure.
The central point of contention, if any, is the balance between reentry opportunities and public-safety or licensing concerns. The bill shortens the waiting period before a person may seek a CQE, which supporters would likely view as helping formerly convicted individuals obtain work sooner, while critics could worry that earlier access reduces the time needed to demonstrate rehabilitation. The bill itself addresses some of those concerns by preserving court discretion, public-safety findings, and categorical exclusions for certain sensitive occupations and sanctions, but no specific opposing arguments are documented in the provided transcripts or votes.