A provision in HB268 shortens the waiting period for felony offenders to petition for employment relief—and most business owners haven't heard about it.
Most professional services owners in Ohio don't realize that a change buried in HB268 has quietly shifted the rules around hiring people with felony records. The bill, which became effective upon enactment by the 136th General Assembly, removes a significant barrier that previously kept many qualified candidates out of reach for years.
Under Ohio law, certain felony convictions create a mandatory bar to employment in regulated professions. A Certificate of Qualification for Employment (CQE) is the mechanism that lets someone petition to work anyway—converting that absolute prohibition into a rebuttable presumption, meaning you can evaluate the person on their actual qualifications and rehabilitation, not just their record.
Before HB268, a felony offender had to wait until all post-release supervision ended before filing for a CQE. That could mean waiting up to 5 years for community control to expire, plus another 5 years for post-release control. In practice, many candidates were unavailable for employment in your field for a decade or more after release from incarceration.
HB268 changes this. Under Section 1, division (B)(4)(a)(i), Page 2, the new rule is straightforward: a felony offender can now file a CQE petition after just one year from release from incarceration. The supervision periods no longer have to be completed first.
For professional services firms—whether in construction, engineering, accounting, real estate, or skilled trades—this opens a practical hiring window you may not have had before. If you've passed on otherwise qualified candidates because their supervision periods weren't finished, that constraint no longer applies.
A CQE doesn't guarantee employment or override legitimate safety concerns. It simply means you can make an individualized assessment. The court still weighs factors like the nature of the offense, time elapsed, rehabilitation evidence, and job relevance. But the waiting period that previously made this moot is gone.
For small businesses especially, this can expand your labor pool during tight hiring seasons. It also signals that Ohio's approach to occupational licensing is shifting toward rehabilitation-based assessment rather than blanket bans.
HB268 took effect upon enactment. There is no sunset date stated in the law, meaning this change is permanent unless the legislature amends it.
If you're considering candidates with felony records, or if you've been uncertain about the current rules, this is worth understanding. The mechanics of a CQE petition vary by profession and licensing board, so you'll want guidance specific to your field.
For a free, detailed guide to how HB268 applies to your specific profession, contact your industry association or licensing board.