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State legislators approved a bill that expands eligibility for expunging certain criminal records and shortens waiting periods.

Revise The Criminal Law

Ohio’s Senate Bill 288 (SB288), which is known as the Revise The Criminal Law, was signed by Governor Mike Dewine and went into effect in April 2023. The bill modifies current laws regarding the sealing of certain convictions and how expunction works for cases that resulted in a not-guilty verdict.

SB288 eliminates the cap on the number of convictions that can be expunged and reduces waiting periods to:

• Three years from final discharge for one or two third-degree felonies, so long as they are not for theft in office.
• One year from final discharge for one or more fourth- or fifth-degree felonies or one or more misdemeanors, so long as they are not for theft in office or a felony offense of violence.
• Seven years from final discharge if a record includes one or more convictions for soliciting improper compensation in violation of theft in office.
• Six months from final discharge for a minor misdemeanor.

The timing of hearings for expungement applications will also change. Courts will be required to hold the hearing between 45 and 90 days of the filing date. If a prosecutor wishes to submit a written objection, they must do so at least 30 days before the hearing.

Low-Level Controlled Substance Offenses

SB288 enacts a mechanism for people to submit a petition to expunge a low-level controlled substance offense. Specifically, it provides for the sealing or expungement for a record if the court determines that after a hearing:

• No criminal proceedings are pending against the offender.
• The offender’s interests in having the records sealed or expunged are not outweighed by legitimate governmental needs to maintain the records.
• The offender’s rehabilitation has been attained to the court’s satisfaction.

The bill defines a low-level controlled substance offense as a violation of any provision of R.C. Chapter 2925 that is a fourth-degree misdemeanor or minor misdemeanor or of a substantially equivalent municipal ordinance that, if it were to be charged under the R.C. provision, would be a fourth-degree misdemeanor or minor misdemeanor.

Illegal Use Or Possession Of Marijuana Drug Paraphernalia

SB288 also:

• Provides that an arrest or conviction for illegal use or possession of marijuana drug paraphernalia does not constitute a criminal record and does not need to be reported by the person in response to any inquiries about the person’s criminal record.
• Repeals a provision that authorizes the court to suspend the offender’s driver’s or commercial driver’s license or permit for up to five years.
• Removes a conviction for illegal use or possession of marijuana drug paraphernalia from a list of disqualifying offenses for certain categories of service, employment, licensing, or certification.

What Employers Should Know

Employers in Ohio should be aware of SB288 and know that once a criminal record is expunged, it cannot be considered when making employment decisions. This makes it essential for hiring managers to only review records that are up to date.

If your organization needs employment background checks, please contact us. Our experienced teams takes reasonable steps to ensure that the records we provide are current and accurate. We can customize screening packages based on your particular needs and are available to assist you Monday through Friday from 5am to 6pm PT.