Login | May 03, 2024
Bill would seal certain records of offenders deemed rehabilitated
KEITH ARNOLD
Special to the Legal News
Published: April 22, 2024
Lawmakers in the Ohio House of Representatives are considering a bill that prescribes the automatic sealing of certain criminal records of offenders who are deemed rehabilitated.
The Republican sponsors of the bill––Reps. Brett Hillyer of Uhrichsville and Bill Seitz of Cincinnati––recently made the case in support of the bill to members of the Criminal Justice Committee, stating that the measure prioritizes rehabilitation of former offenders while maintaining public-safety standards.
“The core of this bill lies in its provisions that trigger the sealing of eligible criminal records,” Hillyer said. “It establishes procedures for courts to seal records, provided certain criteria are met. This not only streamlines the process but also ensures that deserving individuals have a fair chance at reintegrating into society without the burden of past mistakes hindering their prospects.”
House Bill 460, also known as the Getting Rehabilitated Ohioans Working (GROW) Act, would require the Bureau of Criminal Identification and Investigation to identify criminal records eligible for automatic sealing and subsequently provide, on a monthly basis, a list of cases over which a county prosecutor or court has jurisdiction.
According to analysis of the bill, the measure would permit a prosecutor or the bureau to object to the automatic sealing of a criminal record for any of the following reasons:
• The prosecutor or bureau determines after review that the records are not eligible for sealing or expungement, including automatic sealing;
• The bureau determines that the former offender has not paid court-ordered restitution to the victim; or
• The prosecutor or bureau has a reasonable belief, grounded in supporting facts, that the subject of the criminal record continues to engage in criminal activity, irrespective of whether the individual has been charged with an offense and where the activity occurs.
The bill would require the bureau to submit an annual report to the General Assembly identifying every case for which a criminal record included on a list for automatic sealing was not sealed due to such an objection.
“The Getting Rehabilitated Ohioans Working Act represents a significant step forward in our efforts to promote rehabilitation, reduce recidivism and create a broader workforce,” Seitz said.
He said the bill includes provisions to protect employers from liability in cases of negligent hiring or supervision involving sealed or expunged records, incentivizing “the hiring of individuals in need of a second chance, ultimately benefiting both employers and our communities.”
The Alliance for Safety and Justice’s State Policy Director John Cutler told lawmakers that millions of Ohioans are living with an old criminal record, emphasizing the scope of the circumstances the bill addresses.
“Whether a conviction for a felony or a misdemeanor, a diversion sentence or an arrest, a criminal record can trigger a vast array of legal prohibitions and diminished opportunity to work that have little to do with public safety,” he said during a committee hearing. “These barriers that make it difficult to find gainful employment, secure stable housing or support a family strain Ohio’s workforce and make it harder for people to escape cycles of crime and establish stability.”
Nolan Center for Justice Director Patrick Plein said expungement is integral to public safety.
“Study after study, as well as common sense, tell us that the surest way to stay on the straight and narrow and successfully re-enter society is to find meaningful work,” he said during a committee hearing. “But with a criminal conviction, an individual is half as likely to even get a job interview.”
He added that an ex-offender who does secure an offer often is paid 30 percent less than a comparable employee who has no criminal record.
“By providing a way to seal a criminal record, we can make it easier for ex-offenders to find work. This will not only help Ohio’s economy recover rapidly, it will make our communities safer,” Plein said.
A provision of the bill would allow the attorney general to adopt rules to govern the process undertaken by the bureau superintendent.
HB 460 awaits further consideration by the committee.
Copyright © 2024 The Daily Reporter - All Rights Reserved