Ohio’s first criminal record sealing law was enacted in 1974 and was left nearly untouched for more than 40 years. In recent years, however, few substantive areas of the law have received more bipartisan support and changes than criminal record sealing and reentry. From 2018-2022 the legislature enacted numerous bills that increased both the kinds of records and the number of records that could be sealed (for more details and analysis on this, see Is Expanding Eligibility Enough?: Improving Record Sealing Access and Transparency in Ohio Courts). The 135th General Assembly has continued this effort with a slate of criminal justice reform bills that are moving through both chambers of the legislature. 

House Bill 460 has the potential to be the most transformative piece of criminal record sealing legislation currently under consideration. Sponsored by Representative Bill Seitz (R-Cincinnati) and Representative Brett Hillyer (R-Uhrichsville), HB 460 would require the Bureau of Criminal Investigation (BCI) to work with courts across the state to automatically seal criminal records once they become eligible, no longer requiring individuals to file an application. After courts complete the significant undertaking of sealing all the existing criminal records currently eligible to be sealed, BCI would provide them with monthly reports of records newly eligible for automatic sealing. Despite the expedited process, HB 460 still includes judicial review of each record and allows prosecutors to object to a sealing. The bill has had three hearings in the House Criminal Justice Committee and is supported by a range of interests including the Ohio Chamber of Commerce, the Ohio Business Roundtable, and the Catholic Conference of Ohio, among other organizations who have been advocating for the expansion of record sealing. 

Senate Bill 214, sponsored by Senator Stephanie Kunze (R-Dublin), was favorably voted out of the House of Representatives on June 26 and was sent to Governor Mike DeWine to be signed into law. The legislation will expand the ability of human trafficking victims to expunge records of conviction for a misdemeanor, fourth-degree felony, or fifth-degree felony. SB 214 will allow a survivor to have those records expunged if they are able to demonstrate by clear and convincing evidence that their participation in the offense that is the subject of the application was a result of having been a human trafficking victim.

Senate Bill 198, sponsored by Senators Nathan Manning (R-North Ridgeville) and George Lang (R-West Chester), was unanimously voted out of the Senate on June 26 and now awaits a committee assignment in the House. The legislation would also require inmates released from a term of imprisonment for a felony offense are provided documentation that will assist them in obtaining post-release employment, such as a copy of the vocational training record of the inmate, the work record of the inmate, a certified copy of their birth certificate, their Social Security card or a replacement Social Security card of the inmate, and an identification card or temporary identification card issued by the Ohio Bureau of Motor Vehicles (BMV).

Finally, House Bill 50 was signed into law and will be effective on September 18, 2024. This legislation, sponsored by Representative Latyna Humphrey (D-Columbus) and Representative Bill Seitz (R-Cincinnati), creates a mechanism by which an individual may obtain a certificate of qualification for housing that may provide relief from certain bars on housing, including collateral sanctions.

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