Student presentation to explore automatic and petition-based expungement in Ohio

Because I came into the marijuana space as a result of my long-standing interest in criminal justice reform, it is always exciting when a students in my Marijuana Law, Reform & Policy class decide to explore criminal law issues in their presentations and papers.  And the fourth presentation slated for this week is on a topic that is especially timely here in the Buckeye States, and here is how “The Intersection of Automatic and Petition-Based Expungement in Ohio” is described by my student (along with background readings):

Expungement is a process that allows individuals to clear their criminal records of certain offenses.  The benefit of expungement provides individuals with a fresh start by removing the barriers associated with having a past conviction.  The process of expungement varies from state to state regarding eligibility, offenses covered, and procedures.  Given the uprise in marijuana legalization, some states have implemented automatic expungement provisions to address past harms and reduce the impact of convictions.  However, Ohio’s approach to expungement remains petition-based which in turn results in low utilization among eligible individuals. 

One of the concerns in Ohio is the lack of resources needed to implement a successful automatic expungement process.  As seen in New Jersey, backlogs of expungement requests illustrate the implications and frustrations that individuals face while they wait for their records to be expunged.  Despite the benefits of expungement, such as increased employment, housing, and education – there are also concerns about potential risks to public safety.  Automatic expungement can streamline the process and increase accessibility, but this relief will need safeguards against unintended consequences.

My presentation focuses on the interplay between automatic and petition-based expungement.  As Ohio lawmakers continue the expungement conversation my first recommendation would be a dual approach that utilizes automatic relief for misdemeanors.  This process would still use the petition-based approach for felonies or cases with complex circumstances but would incorporate automatic expungement for misdemeanors.  This balance would help address public safety concerns about mistakenly expunging other non-marijuana convictions while increasing the utilization rate for eligible individuals.  I would also recommend allocating funding for expungement programs and the prosecutor’s office to increase awareness, optimize the process, and maintain the importance of record-clearing policies.

Recommended Reading:

1. Jana Hrdinova & Dexter Ridgway, Mapping Cannabis Social Equity: Understanding How Ohio Compares to Other States’ Post-Legalization Policies to Redress Past Harms, Drug Enf’t & Pol’y Ctr. (Jan. 30, 2024). 

2. Margaret Love, Jana Hrdinova & Dexter Ridgway, Marijuana Legalization and Record Clearing in 2022, Drug Enf’t & Pol’y Ctr. (Dec. 19, 2022). 

3. Dana Difilippo, New Jersey state police’s expungement backlog of 46K cases spurs lawsuit, N.J. Monitor (Oct. 23, 2023). 

4. J.J. Prescott & Sonja Starr, The Power of a Clean Slate, CATO (2022).

5. Dea Cortney & Samuel Edmunds, Understanding Expungement Under the New Cannabis Law, 80-SEP Bench & B. Minn. 25 (Sept. 2023).