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Reentry Resource Center - New York

Serving People from Arrest to Reintegration

OSPRA Appeals Hearing Overturns Denial of Clearance of Employment based on Criminal Convictions (Monroe County Legal Assistance Center)

  • Organization: Monroe County Legal Assistance Center
  • Document Type: Case law/admin decisions
  • Date Created: Monday, December 29, 2008
  • Submitted: Monday, December 29, 2008
  • Attachment(s): PDF | DOC

After an appeal by Monroe County Legal Assistance Center, Office of School Personnel Review and Accountability(OSPRA) overturns denial of Clearance for employment for public school district custodian-- who had worked in such capacity for years without incident--because of his past DWI convictions .

Decision was based on the fact that Appellant's employment does not create an "unreasonable risk" to any individual or property , as well as his substantial progress towards achieving rehabilitation, and because of the districts decision to consistently allow him to return to work even with the knowledge of his criminal record.

Click here to read to also the Memorandum of Law by Monroe County Legal Assistance Center.

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