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OH SB291
Bill
Status
8/16/2010
Primary Sponsor
Teresa Fedor
Click for details
AI Summary
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Creates civil immunity for employers who fail to conduct criminal background checks unless statutorily required, and protects employers from liability for sealed criminal records they could not discover.
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Mandates courts inform defendants before accepting guilty pleas and before sentencing of circumstances under which official records may be sealed under existing law.
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Requires automatic sealing of official records for persons found not guilty, whose charges are dismissed, or against whom a grand jury enters a no bill.
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Restricts employers from inquiring about job applicants' criminal history until after initial interview selection and prohibits hiring decisions based solely on offenses unrelated to the job position.
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Allows certain non-first offenders convicted of misdemeanors or felonies to apply for record sealing after five years without additional conviction, and imposes civil penalties up to $1 million for private entities that knowingly release sealed records.
Legislative Description
, under specified circumstances, to preclude a civil action against an employer that is based on the employer's failure to do a criminal background investigation unless an investigation is required by statute; to modify the list of offenses the official records of which may not be sealed; to require a court to inform a defendant before accepting a guilty plea and before sentencing of the circumstances under which the official records in the case may be sealed; to require the sealing of the official records of a person who is found not guilty of an offense, who is the defendant named in a dismissed complaint, indictment, or information, or against whom a no bill is entered by a grand jury; to prohibit an employer from inquiring into the criminal history of a job applicant until the applicant has been selected for an interview except as otherwise required by statute; to prohibit an employer from refusing to hire a job applicant because the applicant committed an offense unrelated to the job except as otherwise provided by statute; to prohibit the release by private individuals or entities of information contained in sealed official records; and to permit certain offenders who are not first offenders to apply for an order sealing their official records.
Miscellaneous employment law/criminal law & procedure changes
Last Action
To Judiciary Criminal Justice
8/16/2010