Ohio Bills Would Reduce Barriers for People After Serving Criminal Sentences

Ohio lawmakers have several bills in the works that would help give Ohioans second chances after serving criminal sentences. 

More than two-thirds of prisoners are re-arrested within three years of their release and half are reincarcerated, according to the U.S. Department of Health and Human Services. One in three Ohio adults has a criminal record, said Ohio Justice & Policy Center Policy Director Michaela Burriss.  

“We see fathers who can’t get a job because of a decades old record,” said Ohio Justice & Policy Center CEO Gabe Davis. “We see mothers who can’t secure safe and affordable housing because of conviction. We see people who made mistakes when they were young but can’t move forward because the system simply will not let them a second.” 

State Sen. Michele Reynolds, R-Canal Winchester, said second chance legislation is a priority in the Ohio legislature. 

“This is not a partisan issue,” she said. “This is a humanitarian issue.” 

Bills that have passed in the Ohio House 

Three second chance bills have passed the Ohio House and are now in the Ohio Senate. 

Ohio House Bill 296 would prohibit a court from requiring someone pay any outstanding court-assessed fines or fees from a criminal proceeding for 180 days after they are released for a prison sentence lasting a year or more. 

“This allows individuals to stabilize their finances, secure essential needs like housing and focus on rebuilding their lives without the immediate pressure of debt collectors and the risk of negative consequences,” Burriss said.

Ohio state Rep. Melanie Miller, R-Ashland, introduced the bill and it passed the Ohio House in February. 

Ohio House Bill 393 would expand a program that helps inmates get state identification cards before being released. The bipartisan bill unanimously passed the House in November and was introduced by state Reps. Darnell Brewer, D-Cleveland, and Gary Click, R-Vickery. 

“Without (a state ID) you’re invisible to the system,” Brewer said. “We know when people are given the tools to succeed they’re less likely to return back to the justice system.”

Ohio House Bill 268 would reduce the amount of time someone must wait to apply for a Certificate of Qualification for Employment if they were incarcerated for a felony offense. 

The bipartisan bill unanimously passed the House in October and was introduced by Click and state Rep. Latyna Humphrey, D-Columbus. 

“(A Certificate of Qualification for Employment) doesn’t guarantee anyone a job, but what it does do is it gives people a fair shot,” Humphrey said. “It removes automatic barriers and provides employers with legal protection if they choose to hire.” 

Under current Ohio law, someone who was incarcerated for a felony must wait one year after finishing all of their sanctions — which Humphrey said can last two to five years — to apply for the certificate. 

This bill would change that timeline. 

“Instead of forcing people to wait years, this bill allows individuals to apply for the (certificate) one year after their release from incarceration,” Humphrey said. 

Other second chance bills 

Ohio Senate Bill 143 would prevent private employers from asking about or considering the criminal background of a job applicant on an initial employment application. 

The bipartisan bill was introduced last year by Ohio Sens. Hearcel Craig, D-Columbus, and Bill Blessing, R–Colerain Twp.

People with criminal records will often not apply to a job out of fear of having to disclose their record, Burriss said. 

“Passing Senate Bill 143 gets more talent into the job pool and more people into our workforce,” she said. “It will increase revenues and public safety while decreasing the cost on our justice system overall. It is smart justice and good for Ohio businesses.” 

Companion bills Ohio House Bill 626 and Ohio Senate Bill 394 would require courts to electronically notify people of criminal and traffic court hearings. 

“Research has shown that this simple step can reduce failures to appear by 37%,” said Ohio Poverty Law Center Senior Policy Advocate Zack Eckles. “That is good for both individuals meaning that they will incur less unnecessary fines and fees, and it’s good for the courts so that they can operate more efficiently.” 

State Rep. Josh Williams, R-Sylvania, introduced H.B. 626 in December and Blessing introduced S.B. 394 in March. 

Ohio House Bill 368 would require eviction records to be automatically sealed three years after a case’s final judgement entry. Brewer introduced the bill with state Rep. Terrence Upchurch, D-Cleveland. 

“Evictions can be overwhelming and cause long-term damage to credit and rental history, making it difficult to find safe and secure housing,” Brewer said. “With the rising cost of rent, grocery, daycare, daily expenses, the last thing our constituents need in these hard times is an eviction record following them for the rest of their lives.” 

Reynolds introduced Ohio Senate Bill 204, which would create a procedure to suppress eviction records. 

“This simply allows records to be suppressed while the case is pending in court and then permanently sealed if the tenant prevails or the case is dismissed, because no one should lose access to a home over a case that they ultimately won,” she said. 

Originally published by the Ohio Capital Journal. Republished here with permission.

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