From Fair Chance to Real Opportunity: How CQEs and CQHs Help Ohio Businesses Access Talent
One in three Ohioans has a criminal record, which is over three million people.[1] More than 1,000 laws at the federal, state, and local levels impede Ohioans’ ability to secure employment, professional licensing, and housing if they have a criminal record. [2] These laws that extend punishment beyond a person’s sentence—after release from incarceration, supervision, restitution, and fines—are called collateral consequences. In fact, formerly incarcerated individuals are five times more likely to be unemployed, in large part, because having a criminal record lowers the chance of a call back by 50%.[3] Not to mention, people who have been incarcerated more than once are thirteen times more likely than the general population to experience homelessness.[4] Although, when people with criminal records secure stable employment and housing, the likelihood of recidivism reduces by almost 60%.[5]
As a remedy to these barriers, some Ohioans can apply to their sentencing court to request their records to be expunged, which destroys the record, or sealed, which hides the record from the general public, but these forms of relief are limited to less serious offenses—even though all Ohioans with criminal records need employment and housing relief. Acknowledging this need, the Ohio legislature created additional forms of relief, the Certificate of Qualification for Employment in 2012 and the Certificate of Qualification for Housing in 2024, to bolster the economy and reduce recidivism. Unlike expungement and sealing, anyone with an Ohio criminal conviction can apply for these certificates to overcome employment and housing barriers.
Employment Relief and Limited Liability: The Best of Both Worlds
A Certificate of Qualification for Employment (CQE) is a legal tool that helps Ohioans with criminal records obtain employment and professional licensing once they reenter society.[6] Similarly a Certificate of Qualification for Housing (CQH) assists Ohioans with criminal records to secure housing upon their reentry.[7] If the court grants the CQE or the CQH, the court determined that the applicant is fit for employment or housing and the applicant’s past criminal convictions are not enough on their own to deny them employment or housing.[8] CQEs and CQHs allow employers to hire and housing providers to lease to Ohioans with criminal records, but they are not required to. [9] Employers and housing providers are required to individually consider applicants with a CQE or CQH because with a certificate, the applicant’s convictions are not enough evidence alone that they are unfit for the employment, professional licensing, or housing opportunity.
In addition, these certificates legally protect employers and housing providers from negligent-hiring liability or negligent-leasing liability.[10] CQEs provide immunity for employers against negligent-hiring claims as long as the employer knew about the CQE at the time of the alleged negligence. For example, if an employer hires a person with a theft conviction, knowing they obtained a CQE, and the employee later steals from a customer, in a claim by the customer, the employer could use the CQE as evidence of their due care in hiring.
CQE and CQH holders complete a rigorous application process, identifying their employment and housing barriers and goals. Applicants are thoroughly reviewed by a Court of Common Pleas with potential input from prosecutors, victims, and judges. CQEs and CQHs are only granted if the individual has successfully maintained a crime-free record for a legally prescribed waiting period, and the Court of Common Pleas determines that the certificate will materially assist them with their goals, the applicant has a substantial need for the relief, and they will not pose an unreasonable risk to public safety.
The Economy Suffers Without Impacted Ohioans in the Workforce
Ultimately, CQEs and CQHs expand the pool of job applicants. Nearly 1.3 million Ohio jobs are not available to people with a conviction, and as a result, Ohio loses $3.34 billion in GDP annually. [11] Even when a law does not stand in the way of employment, the stigma of having a criminal record causes nearly 1.4 million individuals to use search terms like “no background check” when searching for employment.[12] By hiring 100 people with past criminal records, businesses can increase lifetime earnings by nearly $55 million.[13] Utilizing CQEs presents an economic benefit to employers because it allows employers to consider a much larger pool of qualified applicants with limited liability protections.
Additionally, hiring people with criminal records improves the culture and environment of businesses, promoting empathy and inclusion.[14] 85% of human resources professionals found that employees with a criminal record worked as well, if not better than their peers.[15] Likewise, 80% of managers found that employees hired with a past criminal record brought high value to their workplaces, increasing company loyalty and workplace engagement. [16] Retention rates are higher and turnover rates are lower, which allows employers to save on recruitment and training costs.[17] Hiring impacted people with the help of CQEs saves businesses’ money and improves company dynamics.[18]
OJPC Provides Free Legal Representation for CQEs and CQHs
The Ohio Justice & Policy Center (OJPC) can help. OJPC is a nonprofit law firm based in Cincinnati, Columbus, and Cleveland that aims to create fair, intelligent, redemptive criminal-justice systems through zealous client-centered advocacy, innovative policy reform, and cross-sector community education. To increase access to employment and housing opportunities, OJPC provides free legal representation to Ohioans with criminal records to determine if they qualify for either a CQE or CQH. If an individual is eligible, OJPC assists applicants with gathering their employment history, residence history, professional references, and family references. Then, OJPC and the applicant work together to complete the application. If the court schedules a hearing for the application, OJPC can also represent the applicant at the hearing to ensure the applicant sufficiently demonstrates their need for relief and their rehabilitation.
Winning With Human-Centered Hiring Practices
Employers and workforce partners should promote human-centered hiring practices to create inclusive workplaces and increase productivity. Employers should hire qualified candidates who earned a CQE to minimize liability and improve workplace culture. Employers should evaluate applicants based on skill and experience while considering how an applicant’s CQE will protect liability and how an applicant has changed since their convictions. Employers and workforce partners should partner with law firms to provide legal representation to assist with CQE and CQH applications, increasing employability. Hiring employees with criminal records and CQEs can increase retention rates, productivity, and revenue while stable employment lowers the likelihood of recidivism and improves public safety. Bottom line: businesses can’t afford to overlook one of Ohio’s most underutilized talent pipelines. Make CQEs and CQHs part of your hiring strategy. By giving qualified candidates a second look, businesses can gain dedicated employees, address workforce needs, and turn fair chances into lasting success.
By: Avery Smith Legal Intern and J.D. Candidate (2027), Klekamp College of Law, University of Cincinnati; Ashley Ward, Staff Attorney, Ohio Justice & Policy Center; and Gabe Davis, Chief Executive Officer, Ohio Justice & Policy Center
[1] Shields and Thurston, Wasted Assets: The Cost of Excluding Ohioans with a Record from Work, Policy Matters Ohio & Ohio Justice & Policy Center (Dec. 2018), https://niccc.nationalreentryresourcecenter.org/resources/wasted-assets-cost-excluding-ohioans-record-work.
[2] Ohio Profile, Prison Policy Initiative (2026), https://www.prisonpolicy.org/profiles/OH.html.
[3] Id.
[4] Id.
[5] Kolbeck, Lopez, & Bellair, Does Stable Employment Post-Release Reduce Recidivism?, https://counciloncj.org/does-stable-employment-post-release-reduce-recidivism/.
[6] Ohio Rev. Code Ann. § 2953.25.
[7] Ohio Rev. Code Ann. § 2953.26.
[8] Id.
[9] Id.
[10] Id.
[11] Roche, Fair Chance Employment: Why Smart Businesses Are Hiring Justice-Impacted Talent (May 27, 2025), https://thelastmile.org/fair-chance-employment-hiring-justice-impacted-talent/.
[12] Id.
[13] Id.
[14] Hasan and McCright, Jr., How Fair Chance Hiring Practices Strengthen the Entire Workplace (Sept. 26, 2025), https://www.nlc.org/article/2025/09/26/how-fair-chance-hiring-practices-strengthen-the-entire-workforce/.
[15] Id.
[16] Id.
[17] Economy, How Hiring Formerly Incarcerated People Can Give Your Business an Edge (Nov. 15, 2017), https://www.inc.com/peter-economy/from-incarceration-to-employment-how-hiring-formerly-incarcerated-people-can-give-your-business-an-edge.html.
[18] Hasan and McCright, Jr., How Fair Chance Hiring Practices Strengthen the Entire Workplace (Sept. 26, 2025), https://www.nlc.org/article/2025/09/26/how-fair-chance-hiring-practices-strengthen-the-entire-workforce/.
