OHIO LEGISLATIVE SERVICE COMMISSION
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H.B. 385* Bill Analysis
135th General Assembly
Click here for H.B. 385’s Fiscal Note
Version: As Reported by House Criminal Justice
Primary Sponsors: Reps. Richardson and Williams
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
*This analysis was prepared before the report of the House Criminal Justice Committee appeared in the
House Journal. Note that the legislative history may be incomplete.
1 R.C. 2953.36(A)(2).
2 R.C. 2953.36(D)(1)(b) and (E).
May 23, 2024
Office of Research and Drafting LSC Legislative Budget Office
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 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 01-24-24
Reported, H. Criminal Justice ---
ANHB0385RH-135/ts
3 R.C. 2953.36(F)(1).
P a g e |2 H.B. 385
As Reported by House Criminal Justice
Statutes affected: As Introduced: 2953.36
As Reported By House Committee: 2953.36