Ohio § 2961.23

§ 2961.23.

(A)(1) If a person who has been issued a certificate of achievement and employability under section 2961.22 of the Revised Code applies to a licensing agency for a license or certificate and the person has a conviction

or guilty plea that otherwise would bar licensure or certification for the person

because of a mandatory civil impact, the agency shall give the person individualized

consideration for the license or certification, notwithstanding the mandatory civil

impact, the mandatory civil impact shall be considered for all purposes to be a discretionary

civil impact, and the certificate constitutes a rebuttable presumption that the person's

criminal convictions are insufficient evidence that the person is unfit for the license

or certification in question.  Notwithstanding the presumption established under this division, the agency may

deny the license or certification for the person if it determines that the person

is unfit for issuance of the license. (2) If an employer that has hired a person who has been issued a certificate of achievement

and employability under section 2961.22 of the Revised Code applies to a licensing agency for a license or certification and the person has a

conviction or guilty plea that otherwise would bar the person's employment with the

employer or licensure for the employer because of a mandatory civil impact, the agency

shall give the person individualized consideration, notwithstanding the mandatory

civil impact, the mandatory civil impact shall be considered for all purposes to be

a discretionary civil impact, and the certificate constitutes a rebuttable presumption

that the person's criminal convictions are insufficient evidence that the person is

unfit for the employment, or that the employer is unfit for the license or certification,

in question.  Notwithstanding the presumption established under this division, the agency may

deny the license or certification for the employer if it determines that the person

is unfit for the employment or that the employer is unfit for the license or certification. (B) If an employer hires a person who has been issued a certificate of achievement and

employability under section 2961.22 of the Revised Code and if the person presents the employer with a copy of the certificate, all of the

following apply: (1) If a subsequent civil action against the employer alleges that the employer was negligent

in hiring the person and if the civil action includes as an element of the alleged

negligence that the employer had actual or constructive knowledge of the incompetence

or dangerousness of the person, the person's presentation of the certificate to the

employer is an absolute defense for the employer to the element of the employer's

actual or constructive knowledge of the incompetence or dangerousness of the person. (2) If the person, after being hired, subsequently demonstrates dangerousness and if

the employer retains the person as an employee after the demonstration of dangerousness,

the employer may be held liable in a civil action that is based on or relates to the

retention of the person as an employee only if it is proved by a preponderance of

the evidence that the person having hiring and firing responsibility for the employer

had actual knowledge that the employee was dangerous and was willful in retaining

the person as an employee after the demonstration of dangerousness of which the person

had actual knowledge.