CRIMINAL RECORDS CHECK - Owens Community College

CRIMINAL RECORDS CHECK 

Updated June of2008 

The Ohio Revised Code requires those applying for a license or certificate issued by the Ohio Board of 

Nursing (Board) to submit fingerprints for an FBI (federal) and BCI (civilian) criminal records check 

completed by the Bureau of Criminal Identification and Investigation (BCI&I). The Board cannot, by law, 

complete the processing of your application until the Board receives BOTH background check reports. 

Effective immediately, the BCI&I will ONLY accept electronic fingerprints for FBI and BCI background 

checks, except for the reasons listed below. Electronic fingerprints must be completed by a Webcheck 

location in Ohio that will submit the applicant's fingerprints electronically to BCI&I. The applicant must 

request that BOTH reports be sent to the Board DIRECTLY from BCI&I, or they will not be accepted by 

the Board. A complete list of Webcheck locations is available online at the following website address: 

www.webcheck.ag.state.oh.us/webcheckcommunity.htm when locating an electronic fingerprinting site 

on this web page, please note that only the locations designated with the notation of "BCI & FBI" perform 

both the BCI and FBI records check. The Board does not endorse or recommend any specific Webcheck 

fingerprinting company. 

Fingerprint cards will only be accepted by BCI&I (with an Exemption form) for one of the following 

reasons: 

1. Applicant's home address is 75 miles or more from the nearest Webcheck location: 

2. Amputations or digits missing (Web check 4.0 only); 

3. Out of state applicant; 

4. Poor quality prints (Not able to capture at Webcheck location, provide name of location where 

the background check was attempted on the waiver form); 

5. BCI/FBI rejects the original electronic submission. Note: The original reject letter must 

accompany the fingerprint card(s); and 

6. Public Housing Organization background checks 

Waivers of the electronic submission requirement will be evaluated on a submission by submission 

basis. No "blanket" or agency-wide waivers will be granted. Exemption requests that are denied will be 

returned to the submitting agency. Any card that is submitted without a waiver form will also be returned. 

Please note: If you have any questions about any of the qualifying exemptions, please contact BCI&I at 

(740) 845-2375. 

If you meet any of these exemptions, please submit your name and complete address to the Board in 

writing (Attention: CRC) at the above address, by fax at (614) 466-0388, or by email at 

crc@nursing.ohio.gov to request fingerprint cards and instructions for completing the cards. 

Owens Community College ‐ Nursing Dept. 10/2010 Page 1

Q: If our clinical facilities require fingerprinting now, can that be used as the records check when it 

comes time for the graduate to apply for licensure? 

A: It depends. The following must be in place: 

The records check must be completed no earlier than 12 months prior to the time the 

OBN processes the application. The records checks are not valid after twelve (12) months. If 

fingerprinting is done for clinical course work fits within this time frame, this might be acceptable. 

The records check must be conducted by both the BCI and the FBI. At least one copy of the 

records check results must be received directly by OBN without going through a third 

party 

(e.g. WebCheck, or the nursing program). If two copies can be sent, one to the school, and one 

to OBN, fingerprinting done for clinical course work may be acceptable. 

Q: We have a fingerprint scanner at our program, or have made arrangements for fingerprinting to be 

done "en masse" for the students through the fingerprinting service. Will this serve the purpose for 

OBN? 

A: Yes, as long as the results come directly to OBN without going through a third party (e.g. WebCheck, 

or the nursing program. 

Q: What is the total cost to the student? 

A: Approximately $52.00 total. 

Owens Community College can provide the fingerprinting for students, the cost is $52.00 for 

the BCI&I and FBI checks, the forms are in the nursing office on the Toledo campus. Both the 

Findlay and Toledo campuses provide this service. 

Q: Ultimately, whose responsibility is it to have the fingerprinting done? 

A: The candidate is solely responsible for completing their own application, getting fingerprinted, and 

being certain that the results are sent to OBN. 

Q: What is required before the candidate can be authorized to schedule their NCLEX exam? 

A: OBN needs to have in the candidate's file: 

• The completed application 

• The two reports (BCI and FBI); and 

• the completion letter from the pre-licensure nursing education program with "entered" and 

"completed" dates from the program 

Q: Is there an exception to the "good for one year" rule of thumb on the fingerprinting? 

A: The completed candidate file is kept for one year, so their fingerprinting results will be kept in that file 

for one year. So, if the candidate takes NCLEX, fails, and makes application to retest within the year, 

the records check is still valid. If they do not make application to re-test within that one year, they will 

need to start over. 


Requirements for application to the Ohio State Board of Nursing (OBN) for NCLEX -RN 

OBN CRIMINAL RECORDS CHECK AND FELONY 

PRECLUSION INITIATIVE 

SUMMARY OF RELEVANT PORTIONS OF HB 327 

Criminal Records Check 

Requirement 

BCI and FBI Checks 

Fee for the Criminal Records 

Check 

Requesting and Receiving 

Results 

NURSES (RN AND LPN) -EXAM 

The applicant must request a criminal records check from the state 

Bureau of Criminal Identification and Investigation (BCI), which includes 

an FBI check. 

BCI conducts a check of criminal records in Ohio. In order to acquire 

results of a check outside of Ohio, a check must also be made of FBI 

records (which can be done through BCI). The law expressly states that 

both must be done. 

The fee for conducting the check is approximately $52 and shall be paid 

by the applicant when making the request for the check to BCI. That fee 

includes both a FBI and BCI check. 

The request for the checks will be made to BCI by the individual (via 

submission of a fingerprint card.) The results of the records check will go 

directly to the Board from BCI. 

The fingerprint card used by an applicant to request a criminal records 

check contains a waiver that will allow the applicant to indicate where BCI 

shall send the results. The applicant will indicate that the results are to go 

to the Board of Nursing. 

Full Process Outlined 1. Applicant receives card from OBN or school. 

2. Applicant completes fingerprint card. 

3. Applicant sends card to BCI and makes the request/pays the fee. 

Card contains permission for BCI to give results to Ohio Board of 

Nursing. 

4. BCI sends results to OBN. 

Privacy Protection/Public Record 

Renewal 

The results of the criminal records check will not be public record, once 

under the control of OBN. The law specifically states that the criminal 

records check cannot go to anyone other than the individual, the 

individual's representative, or a person (Le. OBN) using the results to 

determine if the person may be licensed by OBN. 

The records check will not be mandatory upon renewal. The check is a 

one-time requirement, unless otherwise required during a Board 

investigation per 4723.28 (F) O.R.C. In addition, current licensees are not 

affected by this law change! 


Egregious Felony Preclusion 

From Licensure 

For records checks that indicate that individual has previously 

been From licensure convicted of, pleaded guilty to, or had a 

judicial finding of guilt for an egregious felony in Ohio, in another 

state, under federal law, or in another country, that person will 

be precluded from licensure. 

List of Egregious Felonies 

1. Aggravated Murder 

2. Murder 

3. Voluntary Manslaughter 

4. Felonious Assault 

5. Kidnapping 

6. Rape 

7. Sexual Battery 

8. Gross Sexual Imposition 

9. Aggravated Arson 

10. Aggravated Robbery 

11. Aggravated Burglary 

12. Patient Abuse or Neglect 

13. Adulteration of Food 

14. Felonious Sexual Penetration 

15. Involuntary Manslaughter (with the purpose to satisfy sexual 

needs or desires of the offender.) 

16. Abduction 

17. Pandering Obscenity Involving a Minor 

18. Pandering Sexually-Oriented Matter Involving a Minor 

19. Illegal use of a Minor in Nudity-Oriented Material or 

Performance 


The Criminal Records Check Law in Ohio 

This information is being sent to you per your inquiry about how the Criminal Records 

Check law may impact your employment as a nurse in Ohio. This information is not 

intended to be used as legal advice. It is intended to be used as general information and for 

guidance as it only provides a limited summary of parts of the Criminal Records Check law. 

For additional information, consult the Ohio Revised Code and Ohio Administrative Code as 

referenced below. If you have a specific issue or problem consult with your legal counsel. 

The History of Senate Bill 38 and Senate Bill 160 

Ohio is one of the many states in the country to mandate criminal records checks. In 1993, 

Senate Bill 38 (SB 38) was passed and codified in Section 3701.881 of the Ohio Revised 

Code (ORC). SB 38 requires criminal records checks for potential employees working in 

positions with responsibility for the care, control, or custody of children. Senate Bill 160 (SB 

160), effective January 27, 1997, requires entities to request a criminal records check of each 

applicant under final consideration for a position that involves providing care to a person age 

60 and older. SB 160 applies to home health agencies, hospice care programs and 

PASSPORT (Medicaid waiver) provider agencies, as well as other types of entities such as 

nursing homes, skilled nursing facilities, residential care facilities, adult care facilities, certain 

adult day care centers, and homes for the aging. The law requires the record checks be 

requested from the Bureau of Criminal Identification and Investigation (BCI&l) and 

prohibits hiring an applicant who has been convicted of certain offenses or who fails to 

provide the information necessary for a records check. 

The law requires a criminal records check for all prospective employees who are under 

final consideration for either a full-time, part-time, or temporary position where the 

individual will be caring for older adults or children. The law applies only to those 

applicants who are under final consideration for employment, not to all those who apply 

for a position. 

Disqualifying Offenses and Personal Character Standards 

The Criminal Records Check law sets forth a list of disqualifying offenses. Certain of the 

offenses are absolute bars to employment; however for other offenses, an employer may 

choose to employ an applicant, if the applicant meets the "personal character standards" set 

forth in Ohio Administrative Code (OAC) rules. 1f an employer finds an applicant has a certain 

disqualifying offense but the employer believes the applicant warrants further consideration, 

the employer may apply the OAC rules and the personal character standards. If the applicant 

provides proof that the personal character standards are met, the employer may hire the 

applicant. However, even if the applicant meets the personal character standards, the 

employer is not obligated to hire the applicant. The employer chooses to hire or not to hire 

based/ on all the factors considered. 

The various sets of rules are generally consistent in their requirements, but there are some 

differences. A PASSPORT agency must apply the rules and the personal character 

standards to applicants as specified in OAC rule 173:3-1-13. A home health agency must 

apply the personal character standards established in OAC rules 3701-60-02 through 370- 

60-10. Other providers must apply the rules and the personal character standards in OAC 

rules 3701-13-01 to 3701-13-09. 


The Screening Tool Based on the OAC Rules 

The screening tool categorizes the disqualifying offenses and is based on the statute and 

rules. It is designed to assist providers in applying the criminal records check requirements 

and the personal character standards, The tool is comprised of "screens" which categorize 

the offenses according to the OAC rules. For some of the screens, some designated offenses 

apply only to older adults and some apply only to children. Those offenses that apply only to 

older adults or only to children are specified. If not specified, the offense applies to both 

children and adults. 

Each screen is a "hurdle" that must be met before hiring is allowed. For example, the first section 

lists absolute bars to employment. If an applicant has a conviction or a guilty plea to any of the 

offenses listed under this first section of absolute bars, the applicant cannot be employed. However, 

if the applicant has none of the offenses listed under the first screen, the first hurdle has been met, 

and the employer may continue to the second screen, and so forth. If all the hurdles are met, the 

employer may decide to employ the applicant. 

Again, this document is for guidance only and is not intended to provide legal advice. For specific 

questions or problems, contact your legal counsel. This screening tool may be reproduced, but the 

tool should be reproduced in its entirety and not altered. Any alterations could change the content 

and then the tool may not meet the regulatory requirements. 

First Screen for Employment (Offenses That Are Absolute Bars) 

If an applicant has been convicted of or pled guilty to anyone of the following offenses (or any 

substantially equivalent offense in any state), the applicant cannot be employed. A check mark for 

any one of these offenses disqualifies the applicant for employment. 

 

Based on Ohio Offense 

Revised Code 

2903.34 Patient Abuse or Neglect 

3716.11 Adulteration of Food 

2903.01 Aggravated Murder 

2903.02 Murder 

2903.03 Voluntary Manslaughter 

2907.02 Rape 

2907.03 Sexual Battery 

2907.05 Gross Sexual Imposition 

2907.12 Felonious Sexual Penetration 

Felonious Assault (with a purpose to satisfy sexual needs or desires 

2903.11 

2903.04 

Division (A) 

of the offender) 

Involuntary Manslaughter (with a purpose to satisfy sexual needs or 

desires of the offender) 

Kidnapping (with a purpose to satisfy sexual needs or desires of the 

offender OR if the victim was a minor) 

2905.01 

2905.02 Abduction (if the victim is a minor) 

Pandering Obscenity Involving a Minor 

For older adults: Division (A) (1) or (A) (3) 

2907.321 For children: 2907.321 

2907.322 

2907.323 

Pandering Sexually-Oriented Matter Involving a Minor 


For children: 2907.322 

Illegal Use of a Minor in Nudity-Oriented Material or Performance 


For children: 2907.323 


Continuation of the First Screen for Employment -Absolute Bars 

The following offenses, when involving a minor, apply to applicants who will be responsible 

for the care, custody, or control of children. These offenses are not applicable for applicants 

providing direct care to older adults. One check mark here disqualifies the applicant from providing 

care to children. 

 

Based on 

Ohio Revised 

Code 

Offense 

2905.04 Child Stealing 

2905.05 Child Enticement 

2907.21 Compelling Prostitution 

2919.22 Endangering Children 

The following theft-related offenses apply to applicants who will be providing direct care to 

older adults. Theft-related offenses are not applicable for applicants who will be responsible for the 

care, custody, or control of children. Two check marks, either for separate offenses or for a repeat 

conviction or guilty plea for the same offense, disqualify the applicant from providing direct care to 

older adults, Repeat Theft Related Offenses: If a person has been convicted of or pleaded guilty to 

the commission of two theft-related offenses or a combination of any two of these theft-related 

offenses in two or more criminal actions, the applicant is barred from providing direct care to older 

adults. 

 

Based on 

Ohio Revised 

Code 

Offense 

2913.02 Theft 

2913. II Passing Bad Checks 

2913.2 I Misuse of Credit Cards 

2913.31 Forgery 

2913.40 Medicaid Fraud 

2913.47 Insurance Fraud 

2913.51 Receiving Stolen Property 

This ends the first screen. If the applicant does not pass the above screen, the employer 

cannot hire the applicant. If the applicant passes the above screen, continue to the next 

screen. 

The Second Screen for Employment 

Violent Offenses 

The following list identifies violent offenses that are not absolute bars. Notice that some of the 

violent offenses become absolute bars under certain circumstances, i.e., with a sexual motivation or 

if a minor is involved. Without these specific circumstances, the violent offense is not an absolute 

bar, so the offense is listed below. For example, felonious assault with a sexual motivation is an 

absolute bar, but felonious assault without a sexual motivation is not an absolute bar but still is a 

violent offense. 


A violent offender may be employed if ALL the following conditions are met: 

I) The victim was not a minor; and 

2) The victim was not an older adult; and 

3) The applicant is not a repeat violent offender; and 

4) At least five years have elapsed since the applicant was fully discharged from 

imprisonment, probation and parole, 

 

Based on Ohio 

Revised Code 

2903.04 

2903.11 

Offense 

Involuntary Manslaughter (Division (A) offense with a purpose 

to gratify the sexual needs and desires of the offender is an 

absolute bar) 

Felonious Assault (If done with a purpose to satisfy the sexual 

needs or desires of the offender, it is an absolute bar.) 

2903.12 Aggravated Assault 

2903.13 Assault 

2903.21 Aggravated Menacing 

2905.01 

Kidnapping (If done with a purpose to satisfy sexual needs or 

desires of the offender OR if the victim was a minor, it is an 

absolute bar.) 

2905.02 Abduction (If the victim was a minor, it is an absolute bar.) 

2905.11 Extortion (does not apply for children) 

2911.01 Aggravated Robbery 

2911.02 Robbery 

2911.11 Aggravated Burglary 

2911.12 Burglary 

2919.25 Domestic Violence 

2923.161 Improperly Discharging a Firearm/Habitation or School 

Any offense substantially equivalent to the offenses of violence 

listed above or any statutorily designated offense of violence in 

any state that was committed purposely or knowingly and 

involving physical harm to persons or a risk of serious physical 

harm to persons. 

This is the end of the Second Screen. If the applicant does not pass the above screen, the 

employer cannot hire the applicant. If the applicant passes the above screen, continue to the next 

screen. 

The Third Screen for Employment 

Non-Violent Offenses 

For non-violent offenses, the employer must consider the offenses in relation to frequencies, 

patterns, etc., and if the applicant is on parole, probation, or fined, the employer needs to 

investigate further to determine if the applicant is meeting all conditions subject to the conviction. An 

applicant may be employed if the offense is a non-violent offense AND the applicant is discharged 

from imprisonment, sentenced to probation, or is fined or is on parole and is meeting all conditions 

subject to that conviction. 


These offenses apply to both older adults and children 

Based on Ohio 

Revised Code Offense 

2903.16 Failing to Provide for a Functionally-Impaired Person 

2907.06 Sexual Imposition 

2907.07 Impositioning 

2907.08 Voyeurism 

2907.09 Public Indecency 

2907.25 Prostitution 

2907.31 Disseminating Matter Harmful to Juveniles 

2907.32 Pandering Obscenity 

2923.12 Carrying Concealed Weapons 

2923.13 Having Weapons While Under Disability 

2925.02 Corrupting Another With Drugs 

2925.03 Drug Trafficking Offenses 

2925.11 Drug Abuse 

 

These offenses apply only to children 

Based on Ohio 


2907.04 Corruption of Minor 

2907.22 Promoting Prostitution 

2907.23 Procuring 

2919.12 Unlawful Abortion 

2919.22 Endangering Children 

2919.24 Contributing to the Unruliness or Delinquency of a Child 

2925.04 Illegal Manufacturing of Drugs 

2925.05 Funding Drug Trafficking 

2925.06 Illegal Administration or Distribution of Anabolic Steroids 


These offenses apply only to older adults. Remember that one theft-related offense 

(theft, passing bad checks, misuse of credit cards, forgery, Medicaid fraud, insurance fraud, 

receiving stolen property) does not automatically disqualify an applicant, but a repeat of 

anyone of these offenses or a combination of two or more of the offenses is an automatic 

bar for applicants working with older adults (See absolute bars). 

 

Based on Ohio 


2905.12 Coercion 

2911.13 Breaking and Entering 

2913.02 Theft, Aggravated Theft (see above explanation) 

2913.03 Unauthorized Use of a Vehicle 

2913.04 Unauthorized Use of Property; Unauthorized Access to Computer 

Systems 

2913.11 Passing Bad Checks (see above explanation) 

2913.21 Misuse of Credit Cards (see above explanation) 

2913.31 Forgery (see above explanation) 

2913.40 Medicaid Fraud (see above explanation) 

2913.43 Securing Writings by Deception 

2913.47 Insurance Fraud (see above explanation) 

2913.51 Receiving Stolen Property (see above explanation) 

2921.36 Prohibition of Conveyance of Certain Items onto Grounds of 

Detention Facility or Mental Health or Mental Retardation and 

Developmental Disabilities Facility 

2925.13 Permitting Drug Abuse 

2925.22 Deception to Obtain a Dangerous Drug 

2925.23 Illegal Processing of Drug Documents 


COMPLIANCE 

Please circle “Yes” or “No” to each question. Your application is not complete until the Board has received ALL required documents. 

CAUTION: False, and/or misleading information provided by an applicant may result in the denial/permanent denial of a license/certificate. 

1. Have you EVER been convicted of, found guilty of, pled guilty 

to, pled no contest to, pled not guilty by reason of insanity to, 

entered an Alford plea, received treatment or intervention in 

lieu of conviction, or received diversion for any of the following 

crimes (this includes crimes that have been expunged IF there 

is a direct and substantial relationship to nursing practice)? 

Please answer BOTH questions a and b. 

7. 

8. 

Within the last five years, have you been diagnosed 

with or have you been treated for bipolar disorder, 

schizophrenia, paranoia, or any other psychotic 

disorder? 

Have you, since attaining the age of eighteen or 

within the last five years, whichever period is 

shorter, been admitted to a hospital or other facility 

for the treatment of bipolar disorder, schizophrenia, 

paranoia, or any other psychotic disorder? 

Yes 

No 

Yes 

No 

a. 

b. 

A felony in Ohio, another state, commonwealth, territory, 

province, or country? 

A misdemeanor in Ohio, another state, commonwealth, 

territory, province, or country? (This does not include traffic 

violations unless they are DUI/OVI) 

Yes 

No 

Yes 

No 

If you answered “Yes” to question 6, 7, or 8 you are required 

to provide a written explanation, including date(s) of diagnosis 

or treatment, and a description of your present condition. 

Include the name, current mailing address, and telephone 

number of each person who treated you, as well as each 

facility where you received treatment, and the reason for 

treatment. Have each treating physician submit a letter 

detailing the dates of treatment, diagnosis and prognosis. 

If you answered “Yes” to a box above, you are required to provide the 

Board with a written explanation of the events including the date, county 

and state in which the events occurred (attach a separate sheet to this 

application), and a certified copy of the indictment(s) or criminal 

complaint(s), plea(s), journal entry(s) from the appropriate court. A copy 

of the court docket or case summary does not meet this requirement. 

2. 

3. 

4. 

5. 

Has any board, bureau, department, agency or other public 

body, including those in Ohio, other than this Board, in any way 

limited, restricted, suspended, or revoked any professional 

license or certificate granted to you; placed you on probation; 

imposed a fine, censure or reprimand against you? Have you 

ever voluntarily surrendered, resigned, or otherwise forfeited 

any professional license, certificate or registration? 

Have you ever, for any reason, been denied an application, 

issuance or renewal for licensure/certification, or the privilege 

of taking an examination, in any state (including Ohio), 

commonwealth, territory, province, or country? 

Have you ever entered into an agreement of any kind, whether 

oral or written, with respect to a professional license or 

certification in lieu of or in order to avoid formal disciplinary 

action with any board, bureau, department, agency, or other 

public body, including those in Ohio, other than this Board? 

Have you been notified of any current investigation of you, or 

have you ever been notified of any formal charges, allegations, 

or complaints filed against you by any board, bureau, 

department, agency, or other public body, including those in 

Ohio, other than this Board, with respect to a professional 

license or certification? 

If you answered “Yes” to questions 2-5, you are required to provide the 

Board with a written explanation and certified copies of any documents. 

6. 

Have you ever been diagnosed as having, or have you 

been treated for, pedophilia, exhibitionism, or 

voyeurism? 

Yes 

No 

Yes 

No 

Yes 

No 

Yes 

No 

Yes 

No 

For question 9 “Currently” does not mean on the day of, or even 

weeks or months preceding the completion of this application. 

Rather, it means recently enough so that the use of drugs may 

have an ongoing impact on one’s functioning as a certificate holder 

or licensee, or within the past two years. “Illegal use of chemical 

substances or controlled substance” means the use of chemical 

substances or controlled substances obtained illegally (e.g. heroin, 

cocaine, or methamphetamine) as well as the use of controlled 

substances, which are not obtained pursuant to a valid 

prescription, or not taken in accordance with the direction of a 

licensed healthcare practitioner. 

9. 

Are you currently engaged in the illegal use of 

chemical substances or controlled substances? 

Yes 

If you answered "Yes" to question 9, are you currently participating 

in a supervised rehabilitation program or professional assistance 

program which monitors you in order to assure that you are not 

illegally using chemical substances or controlled substances? 

If you are participating in 1I monitoring program. you are required 

to cause the respective program to provide information detailing 

your participation in and compliance with the program, 

10. 

Have you ever been notified of any proceeding to 

determine whether you may be subject to listing on 

the Sexual Civil Child Abuse Registry established 

by the Ohio attorney general pursuant to section 

3797.08 of the Revised Code, and/or are you listed 

on that registry? 

NOTE: IF' ANY QUESTION IS LEFT UNANSWERED, 

APPLICATION WILL BE RETURNED, 

No 

Yes 

No

CRIMINAL RECORDS CHECK - Owens Community College

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