Legal Question in Criminal Law in Ohio
I'm applying to an undergraduate program for a social work degree. I was convicted of a 5th degree felony in 2001 for unauthorized use of a computer. In 2003, the record was expunged. I was told I can legally deny ever having a felony conviction on job applications. The application for school specifically states that I have to divulge any convictions, even if they had been expunged.
The licensing board says "All applicants are required under law to report all misdemeanor and felony convictions unless they are only minor traffic violations. All charges and/or convictions require a �yes� answer, even if the original charge and conviction is in an expunged status. Failure to report any police record is falsification of an application and is grounds for denial of an application. When reporting convictions, the applicant is required to provide a complete explanation of the underlying circumstances, sufficient rehabilitation evidence and a copy of the court documents. The Board evaluates each application with any reported convictions on a case -
by-case basis to make a determination concerning the applicant�s ability to
practice with safety to the public. Included in the Board�s evaluation is the nature and severity of the offense, additional subsequent acts, timeframe of crime, compliance with sanctions, and evidence of rehabilitation."
This is disturbing to me because it circumvents what the court ordered; that is, giving me a second chance with a clean slate. This happened nearly 14 years ago. Am I actually legally compelled to divulge this conviction? If my record is expunged, how would they have access to those records?
Thank you!
2 Answers from Attorneys
My opinion is that you must disclose it but I would predict that the administrators could not use the expunged conviction in any way against you.
See R.C. 2953.33 Restoration of rights and privileges. In a nut shell, they can ask about the expungement if the question bears a direct and substantial relationship to the position for which the person is being considered. The licensing board has the authority to ask you about your expunged record. You have a responsibility to answer their questions truthfully.
It's always best to be upfront an honest with the licensing board. When you get printed for a license the results may list your arrest record, which would prompt the agency to have more questions. It is not uncommon for agencies to deny applications because an expunged record was not disclosed on an application. The Ohio Department of Commerce did it on more than one occassion several years ago when they first starting licensing loan officers. If the expunged crime bears a substantial and direct relationshiop to the license- and this is in the opinion of the agency- it can be used against you.
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