Bill Summary – FastDemocracy

OHIO LEGISLATIVE SERVICE COMMISSION
                                               Office of Research                            Legislative Budget
         www.lsc.ohio.gov                        and Drafting                                      Office
                             S.B. 214                               Bill Analysis
                  135th   General Assembly
                                                                    Click here for S.B. 214’s Fiscal Note
Version: As Passed by the Senate
Primary Sponsor: Sen. Kunze
Effective date:
Sarah A. Maki, Attorney
                                                         SUMMARY
                     Expands the ability of human trafficking victims to expunge records of conviction for a
                          misdemeanor, fourth degree felony, or fifth degree felony.
                                                   DETAILED ANALYSIS
Expungement of record of conviction
         The bill permits human trafficking victims to apply to the sentencing court for
expungement of the record of conviction for a misdemeanor, a fourth degree felony, or a fifth
degree felony where the person’s participation was a result of the person having been a human
trafficking victim.1 The process for a human trafficking victim who was convicted of soliciting,
loitering to engage in solicitation, or prostitution, to apply for expungement is not changed by
the bill.
       The application for expungement of a record of conviction for a misdemeanor, a fourth
degree felony, or a fifth degree felony, must demonstrate by clear and convincing evidence that
the applicant’s participation in the offense that is the subject of the application was a result of
the applicant having been a human trafficking victim.2
        The bill requires the court to send notice of the order of expungement to each public
office or agency that the court has reason to believe may have an official record pertaining to
the case. The bill also maintains the existing law requirement that the court send notice of the
expungement order to each public office or agency that the court has reason to believe may
1                 R.C. 2953.36(A)(2).
2                 R.C. 2953.36(D)(1)(b) and (E).
                                                                                                            May 1, 2024
Office of Research and Drafting              LSC                           Legislative Budget Office
have an official record pertaining to the case where the applicant was a human trafficking
victim and was convicted of soliciting, loitering to engage in solicitation, or prostitution. 3
                                       HISTORY
                             Action                                      Date
Introduced                                              01-23-24
Reported, S. Judiciary                                  04-24-24
Passed Senate (32-0)                                    04-24-24
ANSB214PS-135/ks
3   R.C. 2953.36(F)(1).
P a g e |2                                                                                 S.B. 214
                                                                            As Passed by the Senate