Loading chat...
OH HB618
Bill
Status
12/8/2016
Primary Sponsor
Kirk Schuring
Click for details
AI Summary
-
Allows persons arrested or charged based on mistaken identity to have all official records expunged (permanently destroyed) rather than just sealed when no charges are filed or charges are dismissed.
-
Requires law enforcement agencies to immediately notify prosecutors when a person is arrested and released due to mistaken identity, triggering automatic expungement orders without a court hearing.
-
Expands the definition of "mistaken identity" to include misidentification by witnesses or law enforcement, confusion about identity, misinformation provided to police, or any other mistake regarding who committed an offense.
-
Prohibits public offices and agencies from maintaining accessible records of mistaken identity cases and restricts law enforcement's ability to use or share these expunged records with exceptions for ongoing investigations of similar offenses.
-
Allows persons with expunged records to legally respond as if the mistaken identity arrest, charging, or trial never occurred and protects them from adverse employment, licensing, firearm eligibility, or other consequences based on the expunged records.
Legislative Description
Expunge criminal records if misidentified
Crimes, Corrections, and Law Enforcement : Crime and Punishment
Last Action
Introduced
12/13/2016