The "Reason Code" that you use when requesting a background check identifies the list of offenses to be included in the background check.  DODD's Reason Code will reveal whether the person has been convicted of, has pleaded guilty to, or  has been found eligible for intervention in lieu of conviction;  it even opens sealed records.  That's why it is very important to use the correct codes.


The correct BCII Reason Code for Agencies is 5123.081 

The correct FBI Reason Code for Agencies is 5126.28


Janice Hall

Special Project Manager

OPRA

740-432-2921

740-260-7278 (Mobile)


From: Neil Everett <Neil.Everett@hattielarlham.org>
Sent: Tuesday, June 11, 2019 11:00:36 AM
To: Brenda Smith; Kurt A. Miller; Janice Hall; opra_members@opra.simplelists.com; Anita Allen
Subject: RE: [!!Mass Mail]Re: Member Question
 

Diversion Programs are not specifically mentioned in the rule and it does not specifically state that a Diversion Program is the same as “Treatment in lieu of conviction.” For instance, a Diversion Program can be payment of restitution and essentially three (3) years of probation to have the pended charge waived; which is not treatment as defined in the rule. So, I see no guidance in the rule with regards to a Diversion Program that is not treatment. With the proliferation of these programs, I would have expected that an employee or candidate in a Treatment or Diversion program would have the pended charge waived for Tier Four offenses without recurrence.

 

Neil

 

Neil Everett

Vice President of Human Resources

Hattie Larlham

9772 Diagonal Road

Mantua, Ohio 44255

(O):  330-732-8287

(E):   Neil.Everett@hattielarlham.org

Hattie_Larlham_Logo_PMS_548_on_White

 

From: opra_members@opra.simplelists.com [mailto:opra_members@opra.simplelists.com] On Behalf Of Brenda Smith
Sent: Tuesday, June 11, 2019 9:56 AM
To: Kurt A. Miller; Janice Hall; opra_members@opra.simplelists.com; Anita Allen
Subject: RE: [!!Mass Mail]Re: Member Question

 

“External Email” – Please do not click links or open attachments unless you recognize the sender and know the content is safe.

Is “pretrial diversion” the same as “treatment in lieu of conviction”?

 

Regards,

 

Brenda Smith

Executive Director

RVI, Inc.

Office 419-898-5250 x3054

Mobile 419-276-0014

 

From: opra_members@opra.simplelists.com <opra_members@opra.simplelists.com> On Behalf Of Kurt A. Miller
Sent: Tuesday, June 11, 2019 9:46 AM
To: Janice Hall <jhall@opra.org>; opra_members@opra.simplelists.com; Anita Allen <AAllen@opra.org>
Subject: RE: [!!Mass Mail]Re: Member Question

 

I am unsure how to proceed with this guidance. DODD states that the employee cannot work in the field but after they complete the diversion program the will NOT have a disqualifying offense on their record. Can they reapply? How do we deny employment when they will not have the disqualifying offense on their record?

 

This seems similar to someone that is charged with domestic violence and then pleads down to disorderly conduct. The first charge is a disqualifying offense while the pled down offense is not.

 

I see this as yet another barrier to hiring in an already difficult market.

 

 

 

Kurt A. Miller, CEO

Empowering People Inc.

2460 Elm Rd. Suite 600

Warren, OH   44483

Phone/Fax: 330-974-1266

Cell: 330-307-6816

 

 

Empowering and Supporting People with Disabilities

 

The information contained in this electronic message is information intended for the use of only the individual or entity named above and may be PRIVILEGED and CONFIDENTIAL. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering it to the recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you received this electronic message in error, please notify me immediately by replying to this e-mail and delete the original message.

 

From: opra_members@opra.simplelists.com [opra_members@opra.simplelists.com] on behalf of Janice Hall [jhall@opra.org]
Sent: Monday, June 10, 2019 3:23 PM
To: opra_members@opra.simplelists.com; Anita Allen
Subject: [!!Mass Mail]Re: Member Question

Hello members,

 

In answer to the question posed below, here is what DODD says:

 

https://files.constantcontact.com/141902ea301/4e1dac91-f293-4513-9bea-42af8756a749.pdf

 

This guidance came out with today's Memo Monday under "Rule Changes:  Background Investigations"

 

I hope this answers your question.  

 

Janice Hall

Special Projects Manager

OPRA

740-432-2921

740-260-7278 (Mobile)

From: opra_members@opra.simplelists.com <opra_members@opra.simplelists.com> on behalf of Anita Allen <AAllen@opra.org>
Sent: Wednesday, June 5, 2019 1:25:33 PM
To: opra_members@opra.simplelists.com
Subject: Member Question

 

Member question below

 

Hi Anita,

 

A question for the group. We have a new hire that was charged and plead guilty to shoplifting offense under 2913.02. However the employee “was not convicted of the charge against her. When she successfully completes the Pretrial Diversion Program the pending charge will be dismissed.” Does this meet the standard for a “disqualifying offense” under the code and she is subject to discharge, or can she proceed with employment based on the manner in which the court has elected to address the charge? Thanks.

 

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You are receiving this important information as a Member service of the Ohio Provider Resource Association. Unless messages and/or replies are specifically directed, each posting/response is sent to the entire listserv group, a large and diverse body. The views of individual listserv users do not necessarily reflect the views of the OPRA Board or Staff. To send a message to this listserv, please use the reply button. To reply only to the original sender, please respond to the email listed after -on behalf of- in the FROM line of the message header. Thank you.