Two Ohio Republican lawmakers are trying to make it easier to seal non-violent criminal records to aid former Ohioans get jobs, but supporters say it won’t be enough.
Representatives Brett Hillyer, R-Uhrichsville, and Bill Seitz, R-Cincinnati, introduced Rehabilitation of Ohioans (GROW) Act. earlier this year. House Bill 460 would establish a procedure for courts to automatically close certain criminal records. There are approximately 1,071,000 Ohioans whose records could be sealed if the bill were passed.
“This legislation aims to reform and enable individuals to be part of society by removing barriers to employment for people with certain criminal records, while providing key protections for employers.” Hillyer stated in his testimony.
Under the bill, a concealed or blurred criminal history cannot be used as evidence against an employer in a case involving negligent hiring or supervision.
“By providing employers with immunity, we encourage the hiring of people who need a second chance, which ultimately benefits both employers and our communities.” Hillyer said.
An estimated one in 11 adult Ohioans has a felony conviction and one in three have some sort of criminal record, according to data 2018 Ohio Policy Matters Study.
HB 460 does not expand the types of criminal records eligible for sealing, but it would simplify the process of having records sealed.
Fred Ward, statewide director of Building Freedom Ohio, said the GROW Act is a step in the right direction, but he wants to see the bill expanded to seal violent crime records. He was imprisoned from 1989 to 2000 on assault charges and stated that he continued to face additional sanctions: even though no incident has happened to him since his release from prison.
“We need more people like me to free themselves from the burden of criminal histories that prevent them from living full lives,” Ward said in a statement. “This includes people like me who have been convicted of violent crimes.”
How would the bill work?
Under the bill, the Ohio Bureau of Criminal Identification and Investigation would identify criminal records that qualify for automatic sealing and forward them to the appropriate district attorney, who would have 45 days to object. If neither the prosecutor nor the BCII raises an objection, the criminal record will be kept secret.
This process would start three years after the act enters into force and take place every month.
“This balanced approach ensures that public safety concerns are addressed while prioritizing the rehabilitation and reintegration of individuals into the labor market.” Hillyer said.
This bill would benefit legal aid clients in southeastern and central Ohio.
“I have seen firsthand how many of my clients have been denied jobs and housing because of their extensive criminal histories, regardless of the type of crime or how long ago it was committed,” Sierra Cooper, one of their attorneys, said in her testimony.
She said the bill could be stronger if it warned people their files were classified.
“It is essential that a person whose records have been sealed receive actual notice of the seal, preferably in the form of an entry from the court, in order to fully benefit from the process,” she said.
The Ohio Chamber of Commerce supports the bill, saying it will aid address Ohio’s workforce challenges.
“Adopting Second Chance Hiring legislation is part of building a more vibrant economy in Ohio because it helps all Ohioans, even those with criminal records, participate in the workforce and contribute to the state’s economic growth,” Kevin Shimp, testifying on behalf of Ohio Chamber of Commerce, said in its testimony.
How does criminal record sealing currently work in Ohio?
Ohio has criminal record severance procedures for most misdemeanors and non-violent crimes. Someone must ask the sentencing court to seal the case files, and then there is a hearing with a judge who ultimately determines what happens to the records.
“This process is time-consuming and often requires hiring a lawyer to assist with filing a sealed records request and a court hearing,” Shimp said in his testimony. “Because of these barriers, countless Ohioans who qualify for a sealed record do not seek it.”
JBM packaging
JBM Packaging, a manufacturing company in Lebanon, created second chance program for people in prison in 2016. Since then, they have hired more than 116 Fair Chance employees for six months or longer, said Amanda Hall, a Fair Chance employee at JBM, during a recent webinar on re-entering the Ohio workforce.
“We treat each case individually,” she added. “We want to hear you, we don’t judge you based on your past, we judge you based on who you are today and what you have done during your journey or transformation.”
Hall remembers wondering who he would hire her because of her previous crimes, but then JBM came to the Ohio Correctional Facility for Women and told her how they employed people who had committed crimes.
“It just blew me away,” she said.
JBM hired Hall in 2019 and received an internal promotion.
“It made everything I went through worth it because now I can use it for the greater good,” Hall said.
Hall said that of the 142 current employees, 41 are participating in the Fair Chance program.
“If you don’t have a job, it’s going to be much more difficult for you to lead a successful, crime-free life,” she said. “People don’t have jobs, they’re just going to go back to what they were used to, which will most likely put them back in jail.”
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