SB 214 Expanding Human Trafficking Expungement signed into law on July 24, 2024 by Governor Mike DeWine.
Written by Devin Perry, Anti Human Trafficking Attorney Fellow
Human trafficking, or the exploitation of other people for sex and labor, monetizes human suffering with devastating consequences on physical, mental, and community health. The term itself is relatively new, and the act of trafficking another human being is deeply rooted in oppression and power dynamics. Victims and survivors themselves often don’t self-identify, and thus the extent and prevalence are largely unknown. However, it remains a billion-dollar industry worldwide and is even present in our state. As of this writing, The Ohio Governor’s Human Trafficking Taskforce has identified approximately 1, 639 survivors since 2019, and that number is expected to grow as awareness of this insidious crime spreads and more resources are introduced into local communities.
Addressing the problem of human trafficking is vast, and identifying and removing survivors from their traffickers is just the first part of the equation. Traffickers force victims to engage all types of behaviors for the trafficker’s profit, and many of those behaviors result in criminal charges. When a survivor has finally broken free of their trafficker and started the difficult process of rebuilding their lives, they often hit a roadblock: collateral sanctions stemming from their criminal records. Even though survivors would not have received these convictions had they not been trapped within the dark web of human trafficking, they find themselves explaining their story and thus reliving their traumatic experience again and again when trying to find a job or housing. These criminal records can make it almost impossible for survivors to even start to move on with their lives.
Traffickers can quickly identify if an individual is vulnerable and will use these vulnerabilities to exploit their victims. When a survivor cannot access safe housing or a stable source of income due to their criminal record, they are placed perilously close to becoming trafficked once more. Ohio has several opportunities which allow a survivor to expunge, or destroy, their record, but traditional expungement is accompanied with a slew of limitations which could force survivors to wait years for relief, if they are even able to access it at all. That leaves the thousands of survivors Ohio has identified struggling, seemingly facing punishment on top of their victimization.
Fortunately, in 2012, the Ohio Legislature recognized the unique struggles of human trafficking survivors, and in 2014, they passed a law permitting a special type of expungement: Safe Harbor. Safe harbor expungement eliminated many of the restrictions that come with traditional expungement. Survivors no longer had to wait for a prolonged time period to pass or be forced to pay a multitude of fines before they could even apply. If a survivor had a record that included soliciting, loitering, or prostitution, they could apply for safe harbor expungement at any time for any offense, excluding aggravated murder, murder, and rape.
This special law for survivors was a boon and a relief to many. However, as time went on, the Ohio Legislature realized that the rise of the internet resulted in many survivors without a conviction for soliciting, loitering, or prostitution because they were primarily trafficked online. This law also excluded the swath of survivors who had primarily experienced labor trafficking rather than sex trafficking. As a result, the Ohio Legislature expanded safe harbor to allow more survivors the opportunity the expunge their records in 2024 with the passage of Senate Bill 214. Safe harbor now allows those without a conviction of solicitation, loitering, or prostitution to access safe harbor expungement for certain offenses.
Here at OJPC, we provide free, direct legal representation to survivors of human trafficking seeking safe harbor expungement. We also work directly with local courts to develop a safe, collaborative, and trauma-informed application process that allows survivors to move on with their lives without having to relive the events of their past repeatedly. To that end, OJPC has developed a fact sheet to help impacted individuals, legal communities, and other advocates better understand the pathways to safe harbor expungement. If you have questions about Ohio’s legal relief tools or you’re a survivor struggling with criminal records, contact Devin Perry, Anti Human Trafficking Attorney Fellow, via email at dperry@ohiojpc.org.