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Criminal Records Check and Disqualifying Offenses

 

Obtaining a Criminal Records Check

A non-attorney must file an Ohio criminal records check, no more than six months old, with an application for a new notary commission or when renewing a notary commission. The Secretary of State’s Office must reject an application if the criminal records check lists a disqualifying offense or is older than six months.
To obtain an Ohio criminal records check report, an applicant must complete a form and complete a fingerprint impression sheet at an authorized agent of the Bureau of Criminal Identification and Investigation. Click here for a link to the authorized agents from the Ohio Attorney General's Office. The BCI report must list 147 022 as the reason code which will ensure the proper search is being conducted and instructs the Webcheck location/BCI to provide the report directly to the applicant.   

Upon receipt, the applicant must upload the criminal records check report to the Secretary of State’s online filing system when filing a renewal.

Disqualifying Offenses

 

To be qualified to be commissioned as a notary public, a person must not have been convicted of, plead guilty or no contest to a disqualifying offense as defined in section 4776.10 of the Revised Code or a violation of Chapter 2913 of the Revised Code.  If an applicant’s criminal records report lists a disqualifying offense, then the application will be rejected.  An applicant must ensure no disqualifying offenses appear on the report prior to obtaining education and testing services. The notary must immediately inform the secretary of state’s office if at any point during the notary public’s term, the notary is convicted of, pleads guilty or no contest to a disqualifying offense.

Disqualifying Offenses

Ohio Revised Code SectionOffense

2950.01

Sexually Oriented Offense (or conspiracy in committing this offense)
Includes: Rape, Sexual Battery, Gross Sexual Imposition, Sexual Imposition, Importuning, Voyeurism, Compelling prostitution, Promoting prostitution, Pandering obscenity, Pandering obscenity involving a minor or impaired person, Illegal use of minor or impaired person in nudity-oriented material or performance, Unlawful sexual conduct with minor,

2901.01

Offense of violence - (If the offense is a felony of the first or second degree or conspiracy in committing these offenses)
Includes Aggravated Murder (or complicity), Murder (or complicity), Voluntary Manslaughter, Involuntary Manslaughter, Aggravated assault, assault, permitting child abuse, aggravated menacing, menacing by stalking, menacing, kidnapping, abduction, extortion, trafficking in persons, aggravated arson, arson, terrorism, aggravated robbery, robbery, aggravated burglary, inciting to violence, aggravated riot, riot, inducing panic, domestic violence, intimidation, escape, improperly discharging a firearm, patient abuse or neglect, burglary, endangering children,

Chapter 2913

Theft and Fraud Offenses – includes theft, unauthorized use of property, possession or sale of unauthorized cable television device, telecommunications fraud, unlawful use of telecommunications device, motion picture piracy, passing bad checks, misuse of credit cards, counterfeiting, forgery, criminal simulation, making or using slugs, trademark counterfeiting, Medicaid fraud, Medicaid eligibility fraud, defrauding a rental agency or hostelry, tampering with records, illegally transmitting multiple commercial electronic mail, securing writings by deception, personating an officer, unlawful display of law enforcement emblem, defrauding creditors, illegal use of food stamps or WIC program benefits, insurance fraud, workers ‘compensation fraud, identity fraud, or receiving stolen property.

4776.10

Any offense that is a felony and that has a direct nexus to an individual’s proposed or current field of licensure, certification or employment.