Disqualifying Criminal Offenses

Picture of a Gavel

Ohio Revised Code (“R.C.”) 9.78 requires the Ohio Department of Health (“Department”) to “make available to the public on [its] internet web site a list of all criminal offenses of which conviction of that offense shall disqualify an individual from obtaining a license/certificate issued or conferred by the [Department].”

List of Criminal Offenses that MAY Disqualify an Individual for Licensure/Certification

The Department is prohibited from refusing to issue a license/certification to an individual based solely on being charged with or convicted of a criminal offense or based on a nonspecific qualification such as lack of "good moral character".

However, for all license/certification types, there are criminal offenses for which a conviction, judicial finding of guilt, or a plea of guilty may disqualify an individual from obtaining an initial license/certification issued by the Department.  

The criminal offenses on this list are not automatically disqualifying, as the Department reviews the facts of each case on an individual basis.  An offense may or may not result in a proposed action to deny licensure/certification.  The factors considered may include, but are not limited to, the following:

  • The nature and seriousness of the offense; 
  • Passage of time since the crime was committed and whether all terms ordered by the court were successfully completed; 
  • Whether any other offenses were committed since the crime; 
  • Relationship of the crime to the ability, capacity, and fitness required to perform the duties and responsibilities of the occupation; and
  • Whether the denial of the license/certificate is reasonably necessary to ensure public safety.

 

Additional Reasons for License/Certificate Denial

For all license types, an individual’s criminal conviction may also be a reason for the Department to lawfully deny his or her license/certificate, even if that criminal conviction does not serve as an automatic bar to licensure/certification.  Specifically, the Department may refuse to issue a license/certificate if an individual has:

  • Been convicted of or pleaded guilty or no contest to a felony regardless of whether a judgment of conviction has been entered by the court; and/or
  • Been convicted of or pleaded guilty or no contest to a misdemeanor that involves the misuse or theft of money or property belonging to another, fraud, forgery, dishonest acts, or breach of a fiduciary duty, that is based on any act or omission relating to the business of insurance, securities, or financial securities, or that involves moral turpitude regardless of whether a judgment has been entered by the court.

In determining whether to issue or deny a license/certificate, the Department may consider factors such as:

  • Whether the person acted in good faith;
  • Whether the person made restitution for any pecuniary losses suffered by other persons as a result of the person’s actions;
  • The actual harm or potential for harm to others;
  • The degree of trust placed in the person by, and the vulnerability of, persons who were or could have been adversely affected by the person’s actions;
  • Whether the person was the subject of any previous administrative actions by the Department;
  • The number of individuals adversely affected by the person’s acts or omissions;
  • Whether the person voluntarily reported the violation, and the extent of the person’s cooperation and acceptance of responsibility; 
  • Whether the person obstructed or impeded, or attempted to obstruct or impede, the superintendent’s investigation;
  • The person’s efforts to conceal the misconduct;
  • Remedial efforts to prevent future violations; 
  • The nature of the criminal offense;
  • Whether the criminal conviction was based on acts or omissions taken under any professional license/certification; Whether the criminal offense involved the breach of a fiduciary duty;
  • The amount of time that has passed since the criminal conviction; and
  • The person’s activities subsequent to the criminal conviction.

Legal Disclaimer

The information on this web page does not constitute legal advice and is not intended to be a legal analysis. The information on this web page is for informational purposes only and is subject to revision.  No potential requestor or applicant should act or refrain from acting on the basis of information on this website without first seeking legal advice from counsel.