Certificate of Qualification for Employment

In Ohio, a Certificate of Qualification for Employment (“CQE”) is designed to help individuals who have a previous felony or misdemeanor conviction with “collateral sanctions,” such as employment or occupational licensing barriers.

A “collateral sanction” is a penalty, disability, or disadvantage related to employment or occupational licensing as a result of the individual’s criminal justice involvement. See R.C. 2953.25(A)(1).

The CQE is a certificate for which an individual may obtain an order of limited relief from a common pleas court that will provide relief from certain bars to employment or licensing in the State of Ohio. A CQE holder has voluntarily undergone a rigorous review process by Ohio rehabilitation officials, a judge, and a probation department.

A CQE provides the following benefits for employers. See also CQE Employer Flyer.

1. Legal protection from negligent hiring lawsuits for employers who knowingly hire CQE holders. See R.C. 2953.25(G),
2. Allows discretion by relieving them from mandatory restrictions and requiring them to individually assess a CQE holder’s suitability to hire, and
3. Provides eligibility for Ohio Work Opportunity Tax Credit and Federal Bonding.

Please note that a CQE does not create relief from certain employment and licensing restrictions which are listed in R.C. 2953.25(C)(7).

Eligibility

In order to be eligible to file a petition, an individual must be convicted of a State of Ohio felony or misdemeanor offense, not a federal offense.

To determine when to file a petition, please consider the following waiting periods:

1. If seeking relief from a felony conviction that resulted in incarceration, the petition can be filed one year from the date of release from incarceration in a state or local facility and all periods of supervision imposed for that offense. If the individual was not incarcerated for the felony offense, the petition can be filed one year from the date of the individual’s final release from all other sanctions imposed, such as community control. See R.C. 2953.25(B)(4)(a)(i).
2. If seeking relief from a misdemeanor conviction that resulted in incarceration, the petition can be filed six months from the date of release from incarceration in a state or local facility and all periods of supervision imposed for that offense. If the individual was not incarcerated for the misdemeanor offense, the petition may be filed six (6) months from the date of final release from all sanctions imposed for the offense, including any period of supervision. See R.C. 2953.25(B)(4)(a)(ii).

The Ohio Department of Rehabilitation and Correction (ODRC) may establish early filing criteria that permit eligible individuals to submit a CQE petition before the standard waiting period has expired. See Adm.Code 5120-15-01(C) and R.C. 2953.25(B)(4)(b).

Application Process

1. CQE Petition Submission:
   • Begin by creating an online account and completing an online petition through the Ohio Department of Rehabilitation and Correction (ODRC) CQE portal: www.drccqe.com.
   • The petition requires information about the applicant’s conviction history, employment history, references, family members, and collateral sanctions.  The ODRC provides CQE Petition Instructions and a Sample Petition.
2. ODRC Administrative Review:
   • The ODRC conducts a preliminary review of the petition for completeness and eligibility.
   • If the petition meets the initial requirements, the individual receives email notification from the ODRC Office of Reentry.
3. Judicial Review:
   • The petitioner prints and files the completed CQE petition. Ohio residents file with the court of common pleas in their county of residence, non-Ohio residents file in their county of conviction. See Print Petition Instructions.
   • Filing Fee: $50.00, plus up to a $50.00 local court fee; both of which are waivable for indigent applicants upon the filing of a poverty affidavit. See R.C.  2953.25(B)(6).

Burden of Proof/Standard of Review

Upon receipt of the petition, the court shall review:

• The individual’s petition,
• The applicant’s criminal history, not including records sealed under R.C. 2953.32,
• All filings submitted by the prosecutor and victim,
• The applicant’s military record, including conditions traceable to military service that were a contributing factor in the commission of the offense, and
• All other relevant evidence.

An applicant is rebuttably presumed to be eligible for a CQE if they have satisfied the waiting periods in R.C. 2953.25(C)(5) (3 years for felonies and 1 year for misdemeanors). This rebuttable presumption can only be denied if the court establishes by clear and convincing evidence that the applicant has not been rehabilitated. R.C. 2953.25(C)(6). The court may order further information if necessary to reach a decision, which may involve probation and prosecutorial input. The court may hold a hearing to review the petition and determine whether issuing the CQE is appropriate.

The court must decide whether to issue the certificate within sixty days of receiving the petition and all necessary information. See R.C. 2953.25(C)(2). A court may issue a CQE if it finds the applicant has established all the following by a preponderance of the evidence:

• Granting the petition will materially assist the individual in obtaining employment or occupational licensing,
• The individual has a substantial need for the relief requested in order to live a law-abiding life, and
• Granting the petition would not pose an unreasonable risk to the safety of the public or any individual. See R.C. 2953.25(C)(3).

Impact of Ruling

• If granted, the court will issue an order to ODRC to give the petitioner a CQE. The court order itself is not a CQE. An employer will be able to verify the CQE by contacting ODRC or the issuing court. Please note that the CQE does not expunge or seal the conviction.
• If denied, the petitioner may appeal. The court may place conditions on reapplying, such as education or programming.

CQE Revocation

A CQE shall be presumptively revoked if the individual to whom the certificate was issued is convicted or pleads guilty to a felony offense committed after the issuance of the certificate. The ODRC will review the records of CQE recipients each year to determine if they have been convicted of a new felony since the issuance of their CQE. See R.C. 2953.25(H).

Other Resources

• The Ohio Justice & Policy Center’s CQE Workbook
• Section 2953.25 - Ohio Revised Code | Ohio Laws