Drug Enforcement and Policy Center Celebrates Anniversaries for Rights Restoration Programs
One in three adult Ohioans has a criminal record of some kind, according to Policy Matters Ohio. A criminal conviction, or even just an arrest record, has long-lasting consequences beyond the sentences individuals serve - it can limit career, education, and housing opportunities. Beyond that, according to National Inventory of Collateral Consequences of Conviction, as of 2020 there were 1,250 provisions in Ohio law that limited opportunities for people with a criminal record.
The Drug Enforcement and Policy Center (DEPC) at Moritz College of Law has been leading the way when it comes to rights restoration research, policy, and practices. This December, the center is celebrating the five-year anniversary of the Ohio Governor’s Expedited Pardon Project (OGEPP) and the three-year anniversary of Opportunity Port (OP). Both programs serve people across the state of Ohio who are looking to change their lives.
“The most extensive and lingering harms of excessive enforcement of the ‘war on drugs’ arise from criminal records that adversely impact millions of persons’ life opportunities,” said Doug Berman, executive director of DEPC and Newton D. Baker-Baker & Hostetler Chair in Law. “It is an honor for DEPC staff to help remediate these harms for individuals striving to improve their lives and communities, and it fulfills a mission of service and giving back that all lawyers and law school programs should embrace when given a chance to do so.”
Ohio Governor's Expedited Pardon Project (OGEPP)
A pardon is a powerful option for rights restoration, removing all restrictions that may arise because of a conviction. The traditional pardon process is open to anyone with an Ohio conviction, but a final decision on whether a pardon is granted can take years.
OGEPP provides free pardon application assistance to people meeting certain criteria who can show they have been rehabilitated and have contributed positively to their communities in the years since their convictions. The five service providers work with clients to put together high-quality pardon applications and represent them at special hearing times set aside by the Ohio Parole Board. A final decision for an expedited pardon application typically takes between 12 to 18 months.
Initially launched as a partnership with the Office of Governor Mike DeWine, Ohio Department of Rehabilitation and Correction, The Ohio State University Moritz College of Law, and the University of Akron College of Law, the project expanded in 2021 to also include Cleveland State University College of Law, the University of Dayton School of Law, and the Ohio Justice & Policy Center to provide free legal assistance to accepted clients.
“In addition to providing direct services, DEPC tracks data about applicants and clients, communicates regularly with the Governor’s office and the Department of Rehabilitation and Correction, maintains all forms and documents, along with the project website, onboards service providers, and ensures productive collaboration across all service providers,” explained Jana Hrdinová, administrative director of DEPC.
As of December 12, the project has received over 1200 applications, and Governor Mike DeWine has granted over 180 pardons. With an eye to the future, OGEPP hopes to maintain and grow operations, aiding even more eligible Ohioans.
“In two years, Ohio will elect a new governor, and I hope that our work to date will help them recognize the value that OGEPP provides to all the Ohioans who have worked hard to rebuild their lives after making a mistake,” Hrdinová said. “I hope the Ohio General Assembly will not only continue to support the program as it is but will provide additional funding to allow us to grow beyond the five service providers currently engaged with the program.”
Opportunity Port (OP)
Originally a Columbus City Council initiative, Opportunity Port is a digital portal that connects Ohioans with criminal records with the free legal help they need to complete record sealing and expungement applications.
Thanks to special funding from the Columbus City Council, OP service providers not only prepare a record relief application on behalf of clients from Columbus, but also file the applications on their behalf and cover any requisite filing fee. For applicants outside of Columbus, DEPC prepares their record relief applications and provides them with information on how to file it and how much they will have to pay in court fees. If the application is granted, sealed records are removed from public view and made inaccessible to most people for most reasons. Expunged records go further and are removed entirely for most purposes.
“A criminal record hinders peoples’ ability to do so many things, including volunteering at their child’s school or caring for their elderly relatives,” said Michael Eggiman, rights restoration legal fellow at DEPC. “The most satisfying applications to me are the ones where clients will be able to be more involved in their family’s lives after getting their cases sealed or expunged.”
As OP continues to grow and assist more Ohioans, project manager Hannah Miller also hopes it can support policy decisions related to record relief.
“Going forward, I hope that Opportunity Port continues to not only provide services but also insights to lawmakers and actors in the criminal justice system that directly contribute to improving the petition-based sealing and expungement process in Ohio,” she said.
Education about available assistance will also continue to be a focus for both OP and OGEPP given the relatively low overall utilization rate of record relief compared to the number of potentially eligible individuals. Supported by the expertise and commitment of the DEPC team, the impact and knowledge of these life-changing programs will surely grow.
“The vision, talents, and dedication of all the staff at DEPC, as well as everyone else actively involved with OGEPP and OP, have been essential to the growth and continued excellence of these programs,” Berman said. “Because both programs are novel and innovative, the staff had to be creative and clever in the development of program infrastructure and then diligent and persistent to ensure implementation started strong and remained sound.”