Erasing Survivors’ Criminal Records and Juvenile Records: What are the Possibilities?
Caitlin J. Burgess, JD; Sasha Naiman, JD & Kelsey Vice, MSW, LSW | September 24 | 3:15-4:15 PM
Topic: Legal, Direct Service | Knowledge Level: Beginner
Seeking to make profit, human traffickers cause their victims to commit illegal acts like prostitution, theft, trespass, and drug crimes. As a result, survivors accumulate long records of arrests, convictions, and adjudications—sometimes exceeding 100 contacts with the legal system. The records become obstacles to recovery, employment, housing, education, family reunification, and other aspects of successful community integration. In 2012, Ohio’s “Safe Harbor Law” offered a remedy called expungement to stop offense-records from harming survivors’ futures (HB 262 (2012); ORC §2152.021(F), §2953.38.) During the last 4 years, Ohio significantly expanded expungement opportunities for survivors of sex trafficking (S.B. 4 (2018), HB 431 (2021)). Ohio also expanded eligibility for record sealing and other criminal-record-mitigating legal remedies for rehabilitated community members. Today, under these new laws, Ohio’s courts allow some—but not all—survivors a true second chance (e.g., Juvenile Human Trafficking, Safe Harbor Response Bench Card, OH Supreme Court.) This presentation addresses the opportunities and limitations in Ohio’s laws to remove offense-records in the juvenile and adult criminal legal systems—and, consequently, to reduce lifelong reentry barriers. After attending this workshop, audience members will: 1) understand criminal/juvenile records, background checks, and the barriers they create; 2) understand why human trafficking survivors have these records; 3) understand new laws, processes, and impacts related to expungement, record sealing, Certificates of Qualification for Employment, pardons, and more; and 4) understand relevant “calls to action” for professionals in social work, counseling, therapy, chemical dependency, DODD, health, nursing, law, and other fields.
Presentation Objectives:
· Explain why and how survivors need to remove their criminal/juvenile offense records
· Focus on remedial legal strategies--used after survivors have been defendants/ accused-persons for offenses and were put into the criminal/juvenile legal systems
· Discuss how attendees can impact and access tools like expungement and record sealing