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Bill Summary · SB 418

Overview

  • Bill: SB 418
  • Session: 136 (Ohio)
  • Sponsor: Sen. Reynolds
  • Title: Enact the Grow Act
  • Purpose: Create a process for state-initiated sealing of certain criminal records and establish related procedures, protections, and administration. The act aims to expedite sealing of appropriate records and reduce barriers to individuals reentering society after certain dispositions.

What the bill would do

  • Establish a state-initiated sealing mechanism (three years after the act’s effective date):
    • The Bureau of Criminal Identification and Investigation (BCI) must identify records eligible for sealing under existing sealing/expungement law at least once per calendar month.
    • BCI must deliver a list of identified records to the applicable prosecuting attorney and court; prosecutors must notify victims if applicable.
    • For purposes of state-initiated sealing, a final discharge is considered complete when all nonmonetary sanctions have been completed.
  • Allow prosecutors to object to sealing:
    • Prosecution can object for several reasons, including ineligibility under current law, unpaid restitution, ongoing criminal activity concerns, pending cases, or governmental need to maintain records.
    • If the prosecutor objects within 90 days of notification, the record shall not be sealed under state-initiated sealing.
  • Court decision on sealing:
    • If no timely objection is filed, the court must weigh the individual’s interest in sealing against governmental needs.
    • If the court determines sealing is appropriate, official records pertaining to the conviction or bail forfeiture are sealed (and index references deleted), with specified exceptions.
  • Effects on records and indexing:
    • Sealed records may still be referenced for specific purposes (criminal history checks for certain roles, background investigations, etc.) as allowed by law.
    • Indexes may be maintained in a restricted form, showing only identifying information and that records are sealed, not the crimes.
  • Annual reporting by BCI:
    • Beginning in the third year after the act’s effective date, BCI must report to the General Assembly on any records identified for sealing that were not sealed due to prosecutor objections, including county and objection details.
  • Interagency and technology coordination:
    • The bill emphasizes using existing technology and information-sharing platforms (e.g., Ohio Law Enforcement Gateway, Ohio Courts Network) to implement state-initiated sealing.
  • Immunity and limitations:
    • Sealing or expungement shields against use of sealed records in negligent hiring/supervision lawsuits to the extent the sealed record would have been the basis of such claims.
    • Other provisions maintain existing rights to seek sealing/expungement under current law; the act does not bar individual applications outside state-initiated sealing.
  • Additional administrative items:
    • Encourages the Ohio Supreme Court to review Rules of Superintendence to facilitate state-initiated sealing and to create a standardized objection form for tracking reasons.

Who and what would be affected

  • Individuals with eligible criminal records (as defined by existing sealing/expungement law) could be sealed through a state-initiated process after the specified discharge period.
  • Prosecutors and courts:
    • Would receive lists of eligible records from BCI and adjudicate sealing requests (with potential objections).
  • Victims:
    • Would receive timely notice of state-initiated sealing for offenses identified by BCI when applicable.
  • Bureau of Criminal Identification and Investigation (BCI):
    • Responsible for monthly identification and reporting of eligible records and for coordinating with prosecutors and courts.
  • Employers and licensing agencies:
    • Must treat sealed records as not affecting negligent hiring/supervision cases and comply with limitations on accessing sealed information, with certain exceptions for ongoing investigations or pre-approved uses.

Key procedural and timeline aspects

  • Effective date: The act establishes a three-year window before state-initiated sealing begins.
  • Initiation cadence:
    • BCI must identify eligible records at least monthly starting three years after the act’s effective date.
  • Notification and hearings:
    • Prosecutors and courts receive lists; hearings are scheduled if an objection is filed or if required by other procedural steps.
    • Hearing timeline: court must hold the hearing within 45 to 90 days of filing the application.
  • Objections and disposition:
    • Prosecutor has up to 90 days to object after identification; if no objection, sealing proceeds after court review.
  • Reporting:
    • Annual reporting by BCI starting in the third year after enactment, detailing records not sealed due to objections.
  • Fees:
    • Applicants may pay an application fee (up to $50 for the application, plus up to $50 local court fee) to seal/expunge multiple records; allocations of collected fees are specified.
  • Definitions and scope:
    • The act preserves existing sealing/expungement options and outlines when state-initiated sealing applies and when it does not.
    • The act does not authorize sealing of records listed in specified exceptions (e.g., certain violent felonies, certain sex offenses, etc.).

Bottom-line impact

  • The Grow Act would accelerate and systematize the sealing of eligible criminal records by initiating sealing at the state level, reducing barriers for individuals seeking to move forward after certain offenses, and enhancing public safety and employment opportunities through more accessible criminal histories that reflect rehabilitation.
  • It also introduces procedural safeguards (prosecutorial objections, court weighing, and victim notice) and creates administrative coordination requirements, with a particular emphasis on transparency and data-sharing across agencies.

Compiled from official sources — confirm details with the bill’s official record.

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