OH HB385

Amends Ohio Revised Code section 2953.36 to allow victims of human trafficking to apply for expungement of criminal records related to their trafficking victimization.

Persons convicted of prostitution-related offenses (sections 2907.24, 2907.241, or 2907.25) may apply for expungement of any offense except murder, manslaughter, or rape if their participation resulted from being a human trafficking victim.

Persons convicted of misdemeanors or fourth or fifth degree felonies may also apply for expungement if participation resulted from human trafficking victimization.

For prostitution-related offenses, applicants must demonstrate human trafficking victimization by a preponderance of the evidence; for other offenses, the standard is clear and convincing evidence.

For first and second degree felonies, the court must consider factors including degree of duress, offense seriousness, physical harm caused, time elapsed, and whether supervision or pending criminal proceedings exist before determining whether to grant expungement.