Last week, the Ohio Legislature passed a bill that would expand the availability of Intervention in Lieu of Conviction and Expungement to victims of human trafficking. The changes are designed to aid those forced into the sex trade to move beyond their pasts and move on with their new lives.
What is Intervention in Lieu?
Intervention in Lieu of Conviction is a program that someone can enter into when charged with a non-violent crime. Rather than jail time for an offense, a person would receive treatment for mental issues or for addiction problems for a period of time. If the treatment is successfully completed, the charges are dropped, and the records are sealed.
Before the new bill, Intervention in Lieu was largely used in cases of drug addiction, alcoholism, and mental illness though some limited relief for certain trafficking victims was available.
What Changes With Intervention Under the New Law?
The new law amends Revised Code 2951.041 to add victims of “Compelling Prostition” under R.C. 2907.21 to the list of people eligible for Intervention in Lieu of Conviction for any crimes related to their trafficking. Victims of trafficking under R.C. 2905.32 had already been previously included in the statute.
This inclusion will allow those forced to commit crimes to receive treatment for any issues related to how they were treated rather than face a criminal record.
What is Expungement?
Expungement is the legal term for when a court rules that the record of a criminal conviction be sealed. Once a record is sealed, it cannot be accessed by the public. In terms of future background checks, it is like the offense never happened. Only background checks for government jobs are able to access the record.
Under Ohio law, expungement is generally only available for one felony or two misdemeanors, and only if the crimes to be expunged are the only crimes on a person’s record.
What Changes With Expungement?
Under the old expungement law, there was a special provision allowing victims of trafficking to expunge charges related to forced prostitution. This special allowance for victims of human trafficking has now been expanded to include all crimes related to the person having been a victim of trafficking. The only crimes not included in the new allowance are Aggravated Murder, Murder, and Rape.
The most important part of the special provision for victims of human trafficking is that the law allows for multiple expungements. This means that any crimes a trafficking victim was forced to take part in may be cleared, not just the one available to the average person.
Because of the expansion of expungement available, there is a requirement that the person applying for expungment under the human trafficking rules prove that the crime was connected to their status as a victim. The required proof is greater for felonies of the first and second degrees.
In addition to the changes to the existing expungement statute, a new statute has been added allowing for a person whose charges are dismissed due to being a victim to have the arrest record and court record sealed immediately following the dismissal or not guilty verdict.
Does This Apply to Me and What Should I Do?
If you believe you are eligible for an expungment under the new law, call a lawyer, a lawyer may be able to help you get an application to the court together and help you to present your case to a judge.
My office looks forward to helping people put the problems of their past behind them.
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