Allow human trafficking victim to expunge certain records
Impact
The introduction of SB214 would significantly modify existing Ohio law regarding the expungement of criminal records, particularly for offenses related to human trafficking. If enacted, the law would enable victims to apply for expungement of certain misdemeanors and felonies that they committed as a result of being trafficked. The bill sets forth guidelines on how individuals can file for expungement and outlines the parameters under which courts may grant such requests, effectively creating a legal pathway for these victims to clear their records.
Summary
SB214 aims to amend section 2953.36 of the Revised Code to permit victims of human trafficking to expunge certain criminal records. This bill recognizes that individuals who have been trafficked may have been coerced into committing crimes and, therefore, should not be permanently marked by these offenses in their criminal history. By allowing such expungement, the bill seeks to offer these victims a chance for rehabilitation and reintegration into society without the stigma of past convictions that stem from their victimization.
Sentiment
The sentiment surrounding SB214 is largely supportive, particularly among advocacy groups focused on human rights and trafficking prevention. Proponents argue that the measure is a crucial step toward justice and healing for victims who have suffered significant trauma. However, there may be concerns among some opponents about potential misuse of the expungement process, emphasizing the need for careful judicial review. Still, the prevailing view frames the bill as an imperative reform that acknowledges the plight of trafficking victims and empowers them to reclaim their lives.
Contention
While general support for the bill seems strong, notable points of contention could arise regarding the application process and criteria for expungement. For instance, issues may be raised about protecting public safety and ensuring that the expungement process is not exploited. Additionally, the requirement for victims to provide evidence of their trafficking status could be seen as a barrier. These areas may result in discussions on how to balance the needs of victims with societal interests, requiring a rigorous judicial process to accurately assess each case.
Provides for process to vacate and expunge certain arrests, charges, complaints, convictions, other dispositions, and DNA records, associated with violations by certain human trafficking victims.
Provides for process to vacate and expunge certain arrests, charges, complaints, convictions, other dispositions, and DNA records, associated with violations by certain human trafficking victims.
A bill for an act relating to the expungement of certain criminal history records of victims of human trafficking, and including penalties.(See HF 926.)