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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Once again, the Ohio State Assembly will consider a marijuana legalization bill. Should the Assembly agree, it would allow Ohio voters to decide whether to legalize marijuana. Supporters of legalizing marijuana have tried acquiring enough signatures for this opportunity to appear on November’s ballot.

The House will consider House Bill 168, also known as the Ohio Adult Use Act. It would allow Ohio residents to purchase, possess, and cultivate marijuana. In addition, individuals could request expungement for their low-level, nonviolent convictions involving possession or trafficking.

Furthermore, the bill would place a 10% sales tax on marijuana and related products. This sales tax would benefit several agencies and causes, such as the Ohio Department of Public Safety, which would use this tax to combat drug trafficking. In addition, the Ohio Department of Mental Health and Addiction Services would help individuals struggling with substance abuse or chemical dependency. Other uses include K-12 education, Ohio’s General Revenue Fund, and local government funding.

Representative Weinstein said they looked at the best aspects of the laws from states that have successfully legalized marijuana. As such, they integrated these elements into House Bill 168. He also mentioned concerns about Ohio missing out on revenue opportunities due to Ohioans acquiring marijuana out-of-state. 

If passed, the law would put Ohio’s Medical Marijuana Control Program in charge of regulating the non-medical possession, cultivation, and sale of marijuana products for adult use. In addition, it would change the Board’s name to the Division of Marijuana Control.

This bill holds significant bipartisan support. Based on other states’ successes, many believe it would increase job and housing opportunities after expunging some low-level convictions. However, some people have concerns about the effect of easy access to marijuana. 

They believe it necessary for the state to provide support for those who use marijuana. For example, a Fresh Start Worship Center pastor voiced concerns about marijuana users using it to cope with stress or relax. He worried it could lead to use disorders because many consider it a gateway drug. As such, he suggests people learn about the risks associated with marijuana if the state legalizes recreational use.

Employers should prepare in case the bill passes legislation. However, they have until fall to see whether the bill receives enough votes to reach the ballot. Until then, employers can prepare by ensuring their hiring practices will comply with the new rule. The best way to do this is to partner with an experienced background check company.

Keep your business up to date on new laws and regulations with JDP’s free news resources. Contact a sales rep today.

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