OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 460 Bill Analysis
135th General Assembly
Click here for H.B. 460’s Fiscal Note
Version: As Introduced
Primary Sponsors: Reps. Hillyer and Seitz
Effective date:
Sarah A. Maki, Attorney
SUMMARY
Automatic sealing
Allows certain criminal records to be automatically sealed.
Requires each court to establish procedures to automatically seal criminal records.
Requires Bureau of Criminal Identification and Investigation (BCII) to identify criminal
records that are eligible for automatic sealing.
Allows a prosecutor or BCII to object to the automatic sealing of criminal records.
If both the prosecutor and BCII do not object, requires that a criminal record be
automatically sealed.
If both the prosecutor and BCII do object, requires that a criminal record must not be
automatically sealed.
Requires BCII to submit a report to the General Assembly identifying each criminal
record that was not automatically sealed because of an objection by the prosecutor or
BCII.
Allows the Attorney General to adopt rules governing procedures to be followed by the
Superintendent of BCII in carrying out the Superintendent’s duties under the bill.
Liability for negligent hiring and supervision
Provides that no criminal record that has been sealed or expunged can be considered as
evidence against an employer in a negligent hiring or negligent supervision case.
Specifies that the sealing or expungement of a criminal record provides immunity for
the employer to the extent that a sealed or expunged record is the basis of a claim
against the employer for negligent hiring or negligent supervision.
April 2, 2024
Office of Research and Drafting LSC Legislative Budget Office
Name of the act
Names the act the “Getting Rehabilitated Ohioans Working Act.”
DETAILED ANALYSIS
Automatic sealing
Eligible criminal records
The bill allows certain criminal records to be automatically sealed. Beginning three years
after the effective date of the bill, an individual is eligible to have criminal records automatically
sealed if the individual is eligible to have those criminal records sealed or expunged under one
of the following:1
The general Sealing and Expungement Law;2
The law allowing the expungement of a not guilty or dismissed complaint, indictment, or
information if the person is a victim of human trafficking;3
The law allowing the sealing or expungement of multiple charges.4
The bill requires each court to establish procedures to automatically seal criminal
records.5
BCII identification of eligible criminal records
The bill requires Bureau of Criminal Identification and Investigation (BCII) to identify
criminal records that are eligible for automatic sealing. At least once every calendar month,
beginning three years after the effective date of the bill, BCII must identify criminal records that
are eligible for automatic sealing and provide to each prosecuting attorney and to each court a
list of those cases over which the prosecutor or court has jurisdiction.6
Objections to sealing
The bill allows a prosecutor or BCII to object to the automatic sealing of a criminal
record for any of the following reasons:7
1 R.C. 2953.321(A).
2 R.C. 2953.32.
3 R.C. 2953.521, not in the bill.
4 R.C. 2953.61, not in the bill.
5 R.C. 2953.321(B).
6 R.C. 2953.321(C).
7 R.C. 2953.321(D).
P a g e |2 H.B. 460
As Introduced
Office of Research and Drafting LSC Legislative Budget Office
After reviewing the records of the case, the prosecutor or BCII determines that the
records are not eligible for sealing or expungement, including automatic sealing (see,
“Eligible criminal records,” above).
BCII determines that the subject of the criminal records has not paid court-ordered
restitution to the victim.
The prosecutor or BCII has a reasonable belief, grounded in supporting facts, that the
subject of the criminal record is continuing to engage in criminal activity, whether or not
the individual has been charged with an offense, and whether or not the activity in
question takes place within or outside Ohio.
Sealing
If, after 45 days after a criminal record has been identified on a list provided to the court
and prosecutor, the court has not received an objection to the automatic sealing of the criminal
record from both BCII and the prosecutor, the court with jurisdiction over the record must
order the record to be sealed, and ensure the record is sealed as it would be if the court were
to order a record sealed under the general Sealing and Expungement Law.8
If, after 45 days after a criminal record has been identified on a list provided to the court
and prosecutor, the prosecutor and BCII object to the automatic sealing of a record in the list,
the record must not be automatically sealed.9
Report
The bill requires BCII, at least once each calendar year, beginning the year that is three
years after the effective date of the bill, to submit a report to the General Assembly identifying
every case for which a criminal record included on a list for automatic sealing was not sealed
because of an objection by the prosecutor or BCII.10
Rules
The bill allows the Attorney General to adopt rules governing the procedures to be
followed by the Superintendent of BCII in carrying out the Superintendent’s duties under the
bill.11
Application of automatic sealing provisions
The bill specifies that the automatic sealing provisions must not be construed to do
either of the following:12
8 R.C. 2953.321(E).
9 R.C. 2953.321(F).
10 R.C. 2953.321(G).
11 R.C. 2953.321(H).
12 R.C. 2953.321(I).
P a g e |3 H.B. 460
As Introduced
Office of Research and Drafting LSC Legislative Budget Office
Prohibit an individual from applying for sealing or expungement under the general
Sealing and Expungement Law;
Create an individual cause of action for BCII for failing to identify records that are
eligible for automatic sealing.
Liability for negligent hiring or supervision
The bill limits liability in negligent hiring or supervision cases if a criminal record has
been sealed or expunged. In a civil action or administrative proceeding alleging negligence or
other fault, two of the bill’s provisions apply to the general Sealing and Expungement Law. First,
no criminal record that has been sealed or expunged can be considered as evidence against an
employer for negligent hiring or negligent supervision. Second, the sealing or expungement
provides immunity for the employer to the extent that a sealed or expunged record is the basis
of a claim against the employer for negligent hiring or negligent supervision.13
Getting Rehabilitated Ohioans Working Act
The bill names the act the “Getting Rehabilitated Ohioans Working Act.”14
HISTORY
Action Date
Introduced 03-27-24
ANHB0460IN-135/ar
13 R.C. 2953.32(D)(6).
14 Section 3.
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As Introduced
Statutes affected: As Introduced: 2953.32