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OH HB618

Bill

Status

Engrossed

12/8/2016

Primary Sponsor

Kirk Schuring

Click for details

Origin

House of Representatives

131st General Assembly (2015-2016)

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

Committee Referrals

Community and Family Advancement11/16/2016

Full Bill Text

No bill text available