Collateral Consequences of a Sex Crime Conviction in Cincinnati, OH
Most people know that criminal convictions can lead to time in jail or prison, as well as hefty fines. On the other hand, few people prepare themselves for the wealth of collateral consequences that accompany a criminal conviction—particularly conviction for a sex offense.
Sex crimes in Ohio carry among the harshest penalties—sometimes including mandatory prison sentences and large fines. The collateral consequences for sex crime convictions in Cincinnati, however, can persist long after the convicted offender has finished their sentence and paid their fines.
With so much at stake, a person who thinks they are under investigation or has already been arrested for any type of sex crime in Ohio should consider hiring a criminal defense attorney who has handled this type of case.
Joslyn Law Firm has defended more than 20,000 criminal cases in Ohio. Our knowledge and experience could be your best defense against prison or jail, heavy fines, and a lifetime of collateral consequences.
Defense Lawyer for Sex Crimes in Cincinnati, OH
In Cincinnati, the collateral consequences—or side effects—of a criminal conviction for sex charges are numerous and wide-spanning. The Ohio Justice and Policy Center tabulates close to 1,110 such consequences in the Ohio Revised Code alone. These collateral consequences can affect everything from your ability to work and go to school to custody rights.
Brian Joslyn is an award-winning criminal defense attorney who has the knowledge and experience to get the best possible outcome for the sex charges being brought against you. He aims high, striving to have the charges against you dismissed or reduced and protecting you from debilitating collateral consequences. The National Academy of Defense Attorneys ranked Joslyn as “Top 10 Under 40 Attorney; He received Super Lawyers’ coveted “Rising Star” recognition, and Columbus CEO Magazine designated him as one of Central Ohio’s “Top Lawyers.”
Associate attorneys at Joslyn Law Firm further strengthen our firm’s ability to fight for the most favorable outcome in your case. Ryan Shafer worked for more than five years in the Franklin County Public Defender’s Office, and Mark Wieczorek served as a Hamilton County, Ohio, Assistant Prosecuting Attorney.
Although many collateral consequences are mandatory, if a legal mechanism exists to relieve you of some or all consequences, Joslyn Law Firm will know the route. Our team is here to defend you—without judgment.
Call Joslyn Law Firm today for a free consultation: (513) 399-6289.
Information Center for Collateral Consequences for Sex Crimes in Cincinnati
- Overview of Collateral Consequences for Sex Crimes in Cincinnati
- Ways to Overcome Employment Barriers for Sex Crime Convictions in Ohio
- Resources for Collateral Consequences for Sex Crimes in Cincinnati
- News about Collateral Consequences for Sex Crimes in Ohio
- FAQs about Collateral Consequences for Sex Crimes in Hamilton County
- Lawyer for Collateral Consequences of a Sex Crime Conviction in Cincinnati, OH
Overview of Collateral Consequences for Sex Crimes in Cincinnati
Ohio outlines its laws related to sex offenses in Chapter 2907 of the Ohio Revised Code.
Sex Offenses That Can Trigger Collateral Consequences
Any sex charge in Cincinnati can be a trigger for civil and other side effects, including:
- Sexual battery
- Unlawful sexual conduct with a minor
- Commercial sexual exploitation of a minor
- Soliciting prostitution
- Pandering obscenity
- Child pornography
- Sexual imposition and gross sexual imposition
- Public indecency
- Indecent exposure
- Solicitation for prostitution
- Disseminating matter harmful to juveniles
- Displaying matter harmful to juveniles
- Corruption of a minor child
- Pandering obscenity to a minor
Our lawyers know Ohio’s laws regarding collateral consequences for a conviction on any of these charges. We also know the legal defenses we can raise to possibly have your case dismissed or charges reduced so that you can avoid conviction and the collateral consequences that accompany it.
Registering as a Sex Offender in Ohio
Some sex offenses require convicted defendants to register as sex offenders—a collateral consequence that could profoundly impact you and your quality of life. There are three tiers, each of which determines the duration and frequency of your registration.
- Tier I – You must register annually for 15 years. After 10 years, you can petition the court to have your name removed from this list. You need not adhere to community notification rules.
- Tier II – You must register every 180 days for a total of 25 years. You need not comply with community notification requirements.
- Tier III – You must register every 90 days for the rest of your life. You might endure community notification rules, which could mean that any resident living within 1,000 feet of your home will be notified of your sex offender status.
Types of Collateral Consequences
The Ohio Office of Criminal Justice Services tabulates hundreds of collateral consequences for crime convictions in the state.
The consequences can be categorized into five general categories:
- Civil rights
- Public employment and doing business with the state
- Care, custody, and control of children and family
- Regulated professions, occupations, trades, industries, and businesses
- Other privileges
Examples of Specific Collateral Consequences for Sex Offense Convictions
Different classifications of sex charges trigger different types of collateral consequences. Here are a few examples of collateral consequences for some sex offenses (not every collateral consequence applies to every sex offense, and each collateral consequence could apply to multiple offenses):
- You cannot adopt or foster a child.
- You become ineligible for civil service employment.
- You could lose your occupational or physical therapist license.
- You could lose public housing benefits.
- You cannot enlist in the armed forces.
- You lose your right to have, acquire, carry, or use a firearm or dangerous ordnance.
- You could be deported.
- You cannot be a law enforcement officer.
- You could lose a license granted through the State Board of Education of Ohio.
- You cannot be an elector or juror.
- You cannot vote while you are in prison.
- You cannot hold public office.
- You might not be eligible to obtain certain professional licenses.
Ways to Overcome Employment Barriers for Sex Crime Convictions in Ohio
At the root of all these collateral consequences lies the fact that if you are convicted of a sex offense in Cincinnati, your criminal record is open game to the general public. Ohio will not approve the sealing of records for any person convicted of a sexual offense.
This means that any potential employer can see your sex crime conviction and refuse to hire you based on state-enforced restrictions.
A Certificate of Qualified Employment Could Help You Find Work
You can seek some relief from the employment barriers of a sex crime conviction by obtaining a Certificate of Qualified Employment (CQE) from the Ohio Department of Rehabilitation & Correction. If a court convicted you for violating a state rather than a federal law, you can apply for a CQE for relief from some of the employment bars associated with your conviction.
- Felony convictions: You must wait one year after your release from jail or prison (and any period of supervision) to apply. If you did not serve time in jail or prison for your sex offense, you must wait one year after you have been released from all imposed sanctions.
- Misdemeanor convictions: You must wait six months after your release from jail (and any period of supervision) to apply. If you did not serve time in jail or prison for your sex offense, you must wait six months after you have been released from all imposed sanctions.
The DRC will review your petition then forward it to the court. The court will render its decision within 60 days. If the court approves your CQE, you can print your certificate on the Ohio DRC CQE web page. Simply show the CQE to a prospective employer or license issuer, and they will decide whether to hire you or issue you a license. If you commit a felony offense after receiving your CQE Certificate, your certificate will be revoked.
Resources for Collateral Consequences for Sex Crimes in Cincinnati
May 28, 2021
“A Criminal Record Shouldn’t Be a Life Sentence to Poverty”
The Center for American Progress published this article that considers the impact of the digital era, combined with the country’s “failed experiment with mass incarceration,” on larger numbers of people having trouble getting jobs, housing, education, and other basic rights. This report cites study after study that speaks to the disproportionate number of minorities who suffer the lifelong and debilitating effects of collateral consequences.
July 1, 2020
“Ohio Senate Passes Criminal Justice Reform Bill”
The Statehouse News Bureau wrote this piece to explain Ohio Senate Bill 3, which reduces the penalties for non-violent, low-level drug possession offenses and permits judges to dismiss cases if a defendant completes a rehabilitation program.
June 23, 2020
“How the ‘Collateral Consequences’ of Conviction Can Last a Lifetime”
The Crime Report published this article, which speaks to the staggering number of adults across the U.S. who have criminal records, have served a jail or prison term, and/or who or is on probation or parole. The report’s author adds the COVID-19 pandemic to the discussion of the effect of collateral consequences. She comments that even before the pandemic, the greatest obstacle for people in adjusting to life after jail or prison is the substantial collateral consequences of their criminal convictions.
May 19, 2020
“A Helping Hand, Not a Handout: Ohio Offers Resources for Offenders Returning to Their Communities”
This piece, published on Soapbox Cincinnati, tells the moving story of Jimmy Doherty, a drug addict who had been in and out of jail 15 times. His last charge was a violent offense, and he knew that he would have a hard time finding work after completing his 90-day sentence. Doherty’s name was drawn in a lottery for transfer to a “reentry pod,” run by the Hamilton County Office of Reentry. The article explores how Doherty emerged from jail with a shot at succeeding outside Ohio’s correctional system.
January 22, 2020
“A Criminal Record Is ‘a Never-Ending Sentence’ for Cuyahoga County Housing Applicants, Report Says”
The Plain Dealer reports on the enormous housing problem that people with criminal convictions face in Cuyahoga County, OH. The article details the story of Malika Kidd, who had trouble finding housing after she was released from prison for drug trafficking. Although Kidd had found a job, she struggled with a collateral consequence of her criminal conviction: long-term exclusion from subsidized housing. The author cites findings from a report, “A Never-Ending Sentence: The Impact of Criminal Conviction in Project-Based Section 8 Housing Tenant Selection Plans in Cuyahoga County,” which reveals a systemic racism connection with this local housing crisis.
FAQs about Collateral Consequences for Sex Crimes in Hamilton County
Q. What Are Some of the Collateral Consequences That Happen Because the Offender Is Convicted for a Sexual Offense?
- One of the most significant collateral consequences for a convicted sex offender is the requirement to register as a sex offender. Beyond the stigma and social isolation that accompanies registration, offenders face the real-world difficulty of finding employment and obtaining housing.
Q. Can you get a sex offense expunged in Ohio?
- Ohio law does not generally grant expungement for certain sex offenses. If your alleged offense subjected you to a mandatory prison term, for example, the state says the offense is not eligible for expungement. Examples of this type of offense include sexual battery, rape, gross sexual imposition or sexual imposition, and several sex crimes that involve a minor.
Q. What Is Collateral Consequence?
- Collateral consequence refers to the additional civil penalties that Ohio law imposes outside of the direct consequences (prison, jail, fines, or probation) of a criminal conviction.
Q. How Many Collateral Consequences Are There?
- According to Ohio Office of Justice Programs, there are 171 collateral consequences connected to a “crime of violence” conviction. Although some of these consequences are discretionary, many are mandatory and are considered part of the defendant’s punishment.
Q. How Long Does a Felony Stay on Your Record in Ohio?
- As per Ohio law, you are eligible to seek expungement only after the passing of a statutory waiting period. This three-year period begins to count down on the date of the defendant’s date of discharge.
Lawyer for Collateral Consequences of a Sex Crime Conviction in Cincinnati, OH
If you believe the police are investigating you for a sex crime in Cincinnati, or if you have been arrested for this type of offense, it is important that you consider hiring legal counsel to protect your rights. You do have rights, and you should know it is unwise to enter into any plea agreement the prosecution offers without first speaking with a sex crimes defense attorney who has experience handling these cases.
Joslyn Law firm represents the accused throughout Hamilton County, including Cincinnati and surrounding areas. Call our award-winning firm today for a free consultation: (513) 399-6289.