Ohio Court Approves Firing of School Employee for 30-Year-Old Drug Conviction

Ohio Court Approves Firing of School Employee for 30-Year-Old Drug Conviction

An unnamed school-hearing officer from Ohio thought he was in the clear in 1997 when his criminal record was expunged of a drug trafficking conviction from 1976, clearing the way for his employment with the Cincinnati school system. But when the state required a background check two years ago for John Doe’s certification, the old conviction resurfaced and resulted in his termination. He then sued school officials, claiming his firing violated the state Constitution’s retroactivity clause and the U.S. Constitution’s ex-post-facto clause, among other claims. But the state Supreme Court voted 5-2 against Doe, saying the termination did not violate his rights under the Ohio Constitution.

Doe was convicted of drug trafficking in 1976 and spent three years in prison. After he was released, he earned a college degree and became a social worker and chemical dependency counselor. He has maintained a clean legal record ever since. In 1997 he began employment with the Cincinnati Public School system as a drug-free-school specialist, and in 2002 he moved up to an administrative position as hearing officer. Beginning in 2008, administrative employees in the school district were subject to background checks, and in November 2008, Doe’s 32-year-old, supposedly expunged conviction was discovered, and he lost his job.

http://www.allgov.com/Controversies/ViewNews/Ohio_Court_Approves_Firing_of_School_Employee_for_30_Year_Old_Drug_Conviction_101103

He straightened out, kept on the straight and narrow and it's still held against him.

My wife went through similar a couple of years ago. A 1974 pot bust where she was found guilty of a MISDEMEANOR showed up on DPS records as a FELONY(which was the original charge, but not the conviction).
It took all sorts of fun to get the original record changed so that she could get hired by the school she worked at. Luckily she kept her original court documents with the judge's signature on it.

not expunged ?