Bill Summary – FastDemocracy

OHIO LEGISLATIVE SERVICE COMMISSION
                                            Office of Research                              Legislative Budget
www.lsc.ohio.gov                              and Drafting                                        Office
                             S.B. 214                          Final Analysis
                      135th General Assembly
                                                                  Click here for S.B. 214’s Fiscal Note
    Primary Sponsor: Sen. Kunze
    Effective date: October 24, 2024
    Effective date:
    Sarah A. Maki, Attorney
                                                       SUMMARY
                      ▪ Allows a victim of human trafficking to apply to expunge records of conviction for a
                         misdemeanor, fourth degree felony, or fifth degree felony.
                      ▪ Requires the applicant to demonstrate by clear and convincing evidence that the
                         applicant’s participation in the offense was the result of the applicant having been a
                         victim of human trafficking.
                                              DETAILED ANALYSIS
Expungement – victim of human trafficking
                 Eligibility for expungement
        The act creates new grounds for expungement eligibility for a victim of human trafficking.
Under the act, a person convicted of a misdemeanor or a fourth or fifth degree felony is
permitted to apply to the sentencing court for the expungement of the record of conviction for
that offense, if the person’s participation in the offense was a result of the person having been a
“victim of human trafficking.”1
        Continuing law contains additional, preexisting grounds for expungement eligibility for
victims of human trafficking. A person convicted of soliciting, loitering to engage in solicitation,
or prostitution may apply to the sentencing court for the expungement of the conviction record
of certain offenses, if the person’s participation in the offense was the result of the person having
been a “victim of human trafficking.”2
1     R.C. 2953.36(A)(2).
2     R.C. 2953.36(A)(1).
                                                                                                          August 21, 2024
Office of Research and Drafting                  LSC                             Legislative Budget Office
        Continuing law defines a “victim of human trafficking” as a victim of a violation of the
offense of trafficking in persons, regardless of whether anyone has been convicted of a violation
of the offense of trafficking in persons or of any other offense for victimizing the person. 3
     Standard of review
         Under the new grounds for eligibility, the act requires the court to determine whether
the applicant has demonstrated by clear and convincing evidence that the applicant’s
participation in the offense was a result of the applicant having been a victim of human
trafficking.4 Under the preexisting grounds for eligibility, not modified by the act, the court must
determine whether the applicant has demonstrated by a preponderance of the evidence that the
applicant’s participation in the offense was a result of the applicant having been a victim of
human trafficking.5
        Under the new grounds for eligibility, if after the hearing the court finds that the applicant
has demonstrated by clear and convincing evidence that the applicant’s participation in the
offense was the result of the applicant having been a victim of human trafficking, the act requires
the court to grant the application and order that the record of conviction be expunged. Under
the preexisting grounds for eligibility, not modified by the act, if the court finds that the applicant
has demonstrated by a preponderance of the evidence that the applicant’s participation in the
offense was the result of the applicant having been a victim of human trafficking, the court must
grant the application and order that the record of conviction be expunged.6
     Notice of order of expungement
         The act maintains the existing law requirement that the court 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, but removes duplicative references to the findings the court
must make.7
                                           HISTORY
                              Action                                          Date
    Introduced                                              01-23-24
    Reported, S. Judiciary                                  04-24-24
    Passed Senate (32-0)                                    04-24-24
3   R.C. 2953.31(A)(12), not in the act.
4   R.C. 2953.36(D)(1)(b).
5   R.C. 2953.36(D)(1)(a).
6   R.C. 2953.36(E).
7   R.C. 2953.36(F)(1).
P a g e |2                                                                                       S.B. 214
                                                                                           Final Analysis
Office of Research and Drafting       LSC                Legislative Budget Office
                             Action                    Date
 Reported, H. Criminal Justice              06-25-24
 Passed House (97-1)                        06-26-24
24-ANSB0214EN-135/sb
P a g e |3                                                               S.B. 214
                                                                   Final Analysis
Statutes affected: 
As Introduced: 2953.36
As Reported By Senate Committee: 2953.36
As Passed By Senate: 2953.36
As Reported By House Committee: 2953.36
As Passed By House: 2953.36
As Enrolled: 2953.36