What Happens When a Licensed and Employed Teacher is Convicted of a Criminal Offense?
Ohio law (OAC 3301-20-01) makes a distinction between people who are applying for initial licensure and employment, and teachers who are already licensed and employed. If a licensed and employed teacher is convicted of and offense, or pleads guilty to any of the offenses under the OAC rule, the Board of Education can take disciplinary action against the teacher’s license in accordance with Ohio Revised Code 3319.31. In addition, the employing school district can pursue disciplinary action regarding the teacher’s employment. These may include sanctions, suspensions, or termination.
Ohio Administrative Code also addresses rehabilitation for educators who are convicted of or pled guilty to any of the offenses in the OAC rules. The rules specify that if a teacher satisfies all the terms and conditions an Agreement or Resolution of the Board pertaining to the teacher’s conviction, the teacher shall be deemed rehabilitated with regard to the criminal offense set forth in the Agreement or Resolution for purposes of their future licensure or employment. However, a school district has discretion on whether to employ an educator who has been rehabilitated, even though the teacher may have satisfied and Agreement or Resolution of the Board of Education.
Expungement and Sealing of Record is Always Wise Option
In summary, it is always best to have an expungement and sealing of a criminal conviction. A sealing of your record allows you to have any and all public references to your prior criminal conviction cleared and you court file sealed. Once your record has been sealed, Ohio Sealing Statute states that the old criminal record should be treated as if it never occurred. While there are specific conditions affecting teachers and educators related to expungement of criminal records, it is always worthwhile to have criminal records removed from the public records.
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Expungement and Record Sealing Lawyers – Contact us for a Free Consultation
Our law firm has been in business and located in central Ohio since 1988. Our law firm emphasizes expungement and sealing of criminal records in Ohio. We have represented students, teachers, and education professionals seal old criminal records. As trial attorneys and former prosecutors, we have the knowledge and experience to have your criminal record sealed. We handle cases in all 88 counties of Ohio.
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