Teska Introduces HB 509 to Fix Conflict in Ohio's Expungement Law

Columbus, OH — State Representative Michelle Teska (R- Clearcreek Township) this week introduced House Bill 509, which seeks to fix a conflict in Ohio law that is putting court clerks across the state in a bind — forcing them to choose between obeying expungement orders and complying with state financial audit requirements.

The legislation updates Ohio Revised Code Section 2953.32, which governs the expungement of criminal records. Under current law, once a court orders a case to be expunged, all records — including financial ones — must be completely destroyed so that they are “permanently irretrievable.” While this helps provide a clean slate for individuals seeking a second chance, it also creates an unintended consequence.

“Clerks of court are legally responsible for maintaining accurate and auditable financial records,” said Teska. “But under the current law, they’re being told to erase financial records that prove money came into or left a public office. That’s a serious problem, especially during state audits.” 

Teska continued, “We can support second chances and protect financial transparency at the same time. This fix helps us do both.”

The bill offers a narrowly tailored solution. It would allow clerks to retain only four pieces of non-identifiable financial information related to expunged cases:

• The amount of the transaction
• The date and time the transaction occurred
• The type of transaction (such as a fee, fine, or method of payment)
• A generic clerical notation indicating the record is tied to an expunged case 

No case numbers, names, identifying information, or offense details would be retained. The goal is to ensure complete privacy for the individual while also allowing clerks to do their jobs properly.

The legislation has received recommendation and early support from Mr. Breighton Smith, Warren County Clerk of Courts. 

"I fully support this legislation because it gives us the ability to comply with court-ordered expungements and fulfill our Constitutional duties to uphold Due Process without compromising our responsibility to account for public funds, your funds. It's a common sense fix that protects individuals' privacy while ensuring financial transparency and accountability in our office," said Smith. 

HB 509 has been assigned to the House Judiciary Committee.