Enacts the Getting Rehabilitated Ohioans Working Act
Impact
With this act, individuals who qualify will be given the opportunity to have their criminal records sealed automatically after three years, unless objections are raised by the prosecutor or the criminal identification bureau. By streamlining the sealing process, the bill aims to promote the employment prospects of rehabilitated individuals, contributing to their ability to become productive members of society. Additionally, it provides an avenue for multiple cases to be addressed in a single application, further simplifying the legal process for those seeking closure on past offenses.
Summary
House Bill 460, also known as the Getting Rehabilitated Ohioans Working Act, seeks to amend existing laws relating to the sealing and expungement of criminal records in Ohio. The primary intent of this bill is to facilitate the automatic sealing of certain criminal records for individuals who have shown rehabilitation after their sentencing. This is aimed at reducing the barriers faced by rehabilitated individuals in securing employment and reintegrating into society. The bill outlines specific timelines for when an individual may apply for sealing or expungement based on the type of offense and the length of time since their final discharge from court obligations.
Contention
The bill does specify certain exclusions regarding what types of offenses cannot be sealed. Violent felonies, sexual offenses, and cases where the victim was a minor are explicitly mentioned as ineligible. This delineation of what can and cannot be sealed may be a point of contention among advocates for criminal justice reform, who may argue that it is important to allow for a wider range of offenses to be sealed upon demonstrating rehabilitation. Furthermore, the need for hearings where the prosecutor can object introduces a layer of complexity that some may argue could slow down the sealing process.
Implementation
If enacted, the bill will require the establishment of procedures by each court to facilitate the automatic sealing of qualified records. The Bureau of Criminal Identification and Investigation will be responsible for identifying eligible records and communicating with prosecutors and courts. This aspect of the bill requires effective administrative coordination to ensure that qualified records are sealed without undue delay. Moreover, a yearly report will be submitted to the General Assembly, documenting cases where sealing was denied due to objections, ensuring transparency in the process.
Collateral Consequences of Conviction Model Act enacted, other law regarding collateral consequences and rehabilitation of criminal offenders conformed with the model act, and money appropriated.
Requiring search warrants to be issued only on the statement of facts sufficient to show probable cause made by a law enforcement officer, warrants issued for failure to appear to be provided to a compensated surety, bond forfeiture to be set aside in certain circumstances and remission if the defendant is returned to custody in certain circumstances and prohibiting a compensated surety from making loans for certain portions of the required minimum appearance bond premium.
Modifying elements in the crimes of sexual exploitation of a child, unlawful transmission of a visual depiction of a child and breach of privacy, prohibiting certain acts related to visual depictions in which the person depicted is indistinguishable from a real child, morphed from a real child's image or generated without any actual child involvement, prohibiting dissemination of certain items that appear to depict or purport to depict an identifiable person, requiring affidavits or sworn testimony in support of probable cause to be made available to law enforcement, requiring the statement of facts sufficient to show probable cause justifying a search warrant to be made by a law enforcement officer, requiring that certain prior convictions be considered when bond is being set for certain sex offenses and specifying minimum requirements and conditions for such bond; relating to appearance bonds, requiring warrants for failure to appear to be given to sureties, allowing bond forfeiture to be set aside in certain circumstances and requiring remission in certain circumstances and prohibiting a compensated surety from making a loan for certain portions of the minimum appearance bond premium required.