According to a recent study, as Ohio voters prepare to vote on a cannabis legalization initiative on November’s ballot only one in ten Ohio prosecutors are likely to use a recently passed law that allows them to seal records of individuals with low-level convictions. And most of these say they would focus on cannabis related offenses.
Researchers from Ohio State University conducted a survey of 86 municipal prosecutors in order to better understand the impact of reforms that will be passed by the legislature at the end 2022. Researchers at Ohio State University found that 12 per cent of municipal prosecutors were “somewhat” or “very” likely to seek relief without a petition from an eligible person.
Although this may appear to be a small percentage of the total prosecutorial staff, three of those nine prosecutors said that they would use the authority. They represent three of Ohio’s four largest cities and cover about 13 percent.
In the survey, prosecutors were asked to explain why they believed that sealing records was likely or unlikely. The majority of the 50 percent that said they would likely not seal records cited limited staffing resources as the reason (69%) followed by the inability of the budget to pay $50 for each application (55%).
A further 51 percent believe that the “current defendant initiated system” is adequate, and 43 percent do not think it’s their responsibility to take these steps.
On the other hand, 89 per cent of prosecutors said that they would likely provide relief to people who had committed low-level crimes under the newly enacted laws explained that this was “key to limiting the collateral consequences for those with low level offenses.”
DEPC @OSU_law conducted a survey of elected and appointed #prosecutors to determine their willingness and interest to file #recordsealing and #expungement requests on behalf of individuals convicted of low level controlled substance offenses.
Read the results: https://t.co/h5XPqAHTL9 pic.twitter.com/tceFtem8O9
— Drug Enforcement and Policy Center August 24, 2020
Sealing records would “help address racial injustices in the criminal justice systems” (56%) and “the current defendant-initiated process is too complicated and expensive for ordinary people” (67%)
In the survey, those who indicated that they would handle relief themselves were also asked about the types of cases in which they were thinking. Three of nine respondents cited marijuana possession up to 100 g, while two cited cannabis possession cases between 100-200 g, and two cited drug paraphernalia. Two cited illegal marijuana cultivation up to 100 gram, two cited cultivation between 100-200 grammes, and two referred to illegal gifting up to 20 grammes.
The law that is the focus of this study protects people against getting criminal record for possessing paraphernalia.
The study authors noted that “some large Ohio jurisdictions have publicly stated their intention to move ahead with prosecutor initiated sealing/expungement, and other are likely to pursue this process given their previous efforts. It is still possible that the new prosecution-initiated procedure will increase the number of people receiving record relief throughout the state of Ohio.”
The survey does not identify respondents or the jurisdictions that they represent. However, the Mayor of Cleveland expressed strong support for the legislation and stated in April that Cleveland would pursue relief for thousands residents who have marijuana convictions.
They said that the Ohio General Assembly’s past and ongoing efforts to expand record relief access in different ways should be commended. The research conducted in Ohio and elsewhere shows that legal reforms are only a first step to helping those who have been unfairly burdened by criminal records. Therefore, policymakers and the General Assembly in Ohio must continue to study and examine the effectiveness of these reforms.
The background to this report is that Ohio voters will decide whether or not marijuana use for adults should be legalized in November. The state Ballot Board has finalized the summary language for initiative after the Secretary of State’s Office certified the campaign had enough valid signatures.
To the dismay of advocates for social equity, this measure does not include automatic expungements. The measure does, however, include a requirement that regulators “study” and fund criminal justice reform initiatives such as expungements.
A recent economic analysis by researchers at Ohio State University found that Ohio could receive up to 403.6 million dollars in tax revenue annually from the sale of adult-use marijuana, if the ballot initiative for legalization is approved.
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The post Only 1 in 10 Ohio Prosecutors Will Seal Drug Records Under Reform Law. Most Want Relief For Marijuana Charges, Study Finds first appeared on Marijuana moment.
