Ohioans legalized marijuana when they approved Issue 2, leading to the law taking effect on December 7. Those with criminal records for minor possession violations may soon seal or expunge these records. This ability is one of several changes under consideration in the new law by the General Assembly. 

The Senate passed a bill to provide money for court training and new systems. Incorporating these improvements would also improve the expungement processing speed. Furthermore, the bill intends to collect this money through taxes on marijuana sales.

Though the Senate passed a bill earlier in December with the Governor’s strong endorsement, the House has not approved it. Instead, the House is considering a bill that does not include anything about expungements. Despite this delay, the Democrats claimed that expungements are a vital subject.

Ohio Rep. Dani Isaacsohn said that expungements are a priority because they are a need and a priority for his constituents. He also said that marijuana use is similar among the different racial groups and demographics. However, charges for marijuana-related crimes and convictions are racially disproportionate. So, he says that expungements are an issue of racial equity and justice.

Unfortunately, an effective automatic expungement process could be challenging to set up. According to the Hamilton County Clerk of Courts, the system cannot handle this; the large number of requests would cause significant complications. The new law also has a limit of 2.5 ounces of marijuana, whereas the limit in the criminal statute was for a maximum of 100 grams, which is over 3.5 ounces. This difference could cause problems for processing the expungements.

It could be some time before the Senate and House agree on changes to the new law. This expectation is because they cannot agree on several issues. Regardless of whether they reach an agreement, the law would still require individuals to attend a hearing with a judge to seal or expunge their records. Those who successfully expunge or seal their records must apply separately to do the same for other convictions.

It remains uncertain whether the legislators will agree on a bill. However, employers can help job applicants by considering which offenses should disqualify someone from a job. The best way to start a second-chance program is to partner with a background check company experienced in this area.

JDP makes background checks easy and reliable. Contact a sales rep today.

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The Ohio Senate has passed a bipartisan measure to alter and expand Issue 2. This legislation is the state’s voter-approved adult marijuana use initiative.

The legislation in question is Senate Bill 86 (SB 86), a revision of House Bill 86. The original bill appeared earlier in 2023 and intended to revise the state’s liquor control laws. Though House Bill 86 passed the House with little opposition during the summer, its future appears uncertain after these changes.

The Proposed Changes

According to the proposed changes, this legislation would remove the delay when purchasing cannabis from existing dispensaries. It would also allow them to cultivate marijuana at home. Another change would allow the expungement of various cannabis-related convictions. Unlike previous proposals, SB 86 does not include an emergency clause.

As such, it would take effect 90 days after the governor signs it into law. Should SB 86 succeed, it would allow anyone 21 and older to purchase recreational marijuana within 90 days of the bill’s effective date. However, this permission extends to purchases from medical marijuana dispensaries only. This change is much faster than Issue 2. The original legislation only permitted recreational sales roughly nine months after legalizing possession.

Parties interested in home cultivation should take note of related changes. According to SB 86, Issue 2’s cultivating limit of 12 plants would drop to six plants per household. The bill would also raise the marijuana excise tax from Issue 2’s 10% to 15%. In addition to the increase, SB 86 would allow local governments to levy up to 3% more in taxes.

Reactions

Many advocates have called for expungements for some time, citing many benefits for those affected and the workforce. Furthermore, the legislation would distribute $15 million in revenue from these taxes to expungements for qualified marijuana-related convictions. Ohioans with previous convictions may request to have marijuana-related records expunged. This permission would also extend to anyone who pled guilty to possessing up to 2.5 ounces of marijuana. 

Specifically:

“If a person, prior to the effective date of this section, was convicted of or has pleaded guilty to a violation of division (C)(3) or (7) of section 2925.11 of the Revised Code and the conduct that was the basis of the violation involved possession of not more than fifteen grams of hashish and not more than two and one-half ounces of marihuana other than hashish, the person may file an application under this section requesting an expungement of the record of conviction.”

SB 86 permits a prosecutor to file an objection against the expungement. Furthermore, the court can finalize the merits of such an objection when determining whether to order an expungement of an individual’s records. Interested parties must also know that the law includes a $50 fee, which an applicant must pay unless indigent.

Now that the state Senate has passed SB 86, it will be up to the House to concur with the changes. When or if this will occur at all remains uncertain. In the meantime, employers should review their policies regarding marijuana use and convictions. An excellent way to get started is by partnering with an experienced background screening company.

Keep your business compliant with new laws and regulations with JDP’s reliable background checks. Contact a sales rep today.

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A law easing the expungement process for individuals with criminal records took effect in Ohio recently. This law speeds the process and makes expunging and sealing more offenses possible. Many expect this law to benefit those with criminal backgrounds. 

Sealing or expunging these records could increase their housing and employment opportunities, significantly improving their lives and contributing to society. One aspect interested parties should note is the law’s differentiating between sealing and expungement. Everyone used the terms interchangeably; however, Ohio has determined that the two actions accomplish separate results. 

Importance of Sealing Records

Sealing records removes public access and hides the information from background checks, but the government still maintains its existence. In contrast, courts will completely erase expunged records. No one will retain this information, making it seem like the offense never happened.

Prior laws limited the number of offenses individuals could apply to expunge or seal. According to these laws, individuals could have up to four eligible misdemeanors and one eligible felony sealed. However, the new law includes amendments to these limits. It removed the limit on how many eligible misdemeanor and felonies may become sealed or expunged.

Some offenses cannot qualify; they include the following:

• “First- and second-degree felonies, and three or more third-degree felonies;
• Felony offenses of violence that aren’t sexually oriented offenses;
• Sexually oriented crimes are subject to registration requirements;
• Protection order violations and domestic violence offenses;
• Crimes involving young victims; and
• Traffic offenses.”

How the Law Affects the Process

In addition to increasing the type and number of offenses that can be sealed or expunged, the new law expedites the process. After an individual files an application for sealing or expungement, the court must hold a hearing within 90 days of the filing. This law will help many Ohio residents benefit from having their criminal records sealed or expunged. Some hope the state will incorporate an automatic sealing process to assist more affected individuals.

Expungement laws similar to this continue to spread across the country. As such, employers must stay updated on the ever-shifting regulations. One way is by partnering with a trusted screening provider. The right partner regularly updates their records and removes expunged records as needed. This partnership is critical to providing all applicants a fair chance at employment and remaining compliant with these changing laws.

Keep your business compliant with new laws and regulations with JDP’s reliable background checks. Contact a sales rep today.

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