Sunday, December 10, 2017

Felons are Ohio's New PI(s)


         A lengthy and complicated new law enacted by the Ohio legislature and signed by Governor Kasich includes provisions that will make it easier for individuals with conviction histories to obtain employment and occupational licenses (PI Licenses).The law amends several Ohio statutes relating to collateral sanctions for criminal offenses by creating certificates of qualification for employment, reducing licensing restrictions for certain fields such as cosmetology, construction, security and private investigators, and expanding courts’ authority to seal criminal records.

      As it relates to occupational licensing (PI Licenses), the law generally removes the disqualification of individuals for most criminal convictions that are not recent (either within one or three years depending on the licensing agency), crimes involving moral turpitude, or a disqualifying offense. The statute contains a comprehensive definition of "moral turpitude" that generally includes serious crimes of violence or sexual in nature. A "disqualifying offense" is defined as an offense that is a felony that has a direct nexus to an individual’s proposed or current field of licensure, certification, or employment. The problem here is that Ohio’s licensing entity currently only views Murder and Armed Robbery and Domestic Violence as disqualifiers.

    The bill replaces the term "first offender" with "eligible offender," which is defined as 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. Under both existing and the new law, convictions of certain specified offenses, and related convictions in specified circumstances do not count as a conviction.

     While other States and PI Associations attempt to bring about a more professional status to private investigators Ohio takes a step backward and invites convicted felons and ex-cons to become licensed PI(s) in their state.

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