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Ohio State Senator Smith wins Republican support of state law to seal felony convictions, protect juvenile records from disclosure with Governor Kasich's help, who went from initially having no Blacks in his cabinet to fighting some Black causes

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By Kathy Wray Coleman, Editor, Cleveland Urban News. Com and The Kathy Wray Coleman Online News Blog.Com

COLUMBUS, Ohio-With the help of Republican Gov. John Kasich (pictured), who went from initially having no Blacks in his cabinet to championing some Black causes, Ohio state Sen. Shirley Smith (D-22) (pictured) finally got the Republican controlled Ohio State Legislature to pass a state law that gives Ohio state and federal sentencing judges the extent of discretion to seal non-violent criminal records of a single felony conviction, and one additional misdemeanor conviction if applied for, or two misdemeanor convictions.

An amendment to the previous record sealing statute that allowed Ohio state and federal trial court judges to seal one and not two criminal convictions, either a misdemeanor or felony,  and with a requirement that the person has only one criminal record aside from traffic citations and minor misdemeanors, Senate Bill 337 was signed into law by Kasich on Tues., after passing the state legislature.

The new law lets people with several criminal convictions minimize at least two with a judge's approval, and makes possession of marijuana paraphernalia a minor misdemeanor since possession of the drug itself under state law is a minor misdemeanor, Smith's office said by telephone Wed. afternoon.  And it clogs a loop hole in Ohio's Administrative Code that conflicts with a state law to stop the release of  juvenile court  records absent a court order or convictions of extremely serious juvenile crimes like murder.

Smith is a Cleveland Democrat and one of two Black state senators representing the Cleveland metropolitan state legislative districts along with state Sen. Nina Turner (D-25), also a Cleveland Democrat.

She co-sponsored the legislation, and Kasich bucked some conservative Republicans saying when he took office last year that legal system reform is among his political agendas.

The law, which the Cleveland Plain Dealer, Ohio's largest newspaper, applauded in an editorial,  has other amenities, and  gives more leniency for felons seeking occupational licenses for jobs such as barber and beautician.

It also eases the strain of unemployment with a provision for qualifying felons to secure written recommendations of good standing for potential employers, all of this not applicable though for certain positions that preclude felons under state law from employment such as public school teacher, police officer and other positions of public authority and trust.

A controversial governor whom Civil Rights groups like the Cleveland Chapter SCLC and its leaders the Rev E. T. Caviness and Community Affiliate Marcia McKoy once picketed at the Statehouse in Columbus because he had not one Black in his cabinet, though he has two now, Kasich  gathered with a handful of elected Black officials and about 40 other Black leaders some three weeks ago at the Cleveland Clinic at the urging of former Cleveland NAACP President George Forbes to brag of his bringing resources to Cleveland through the state budget such as the upcoming Glenville neighborhood  Eastside Market.

Research initiated by the Cleveland NAACP but ignored reveals that Blacks convicted of crimes in the general division of the Cuyahoga County Court of Common Pleas, including felonies, get harsher sentences than similarly situated Whites for the same crimes.

Only three of those 34 judges are Black.

Reach Cleveland Urban News. Com by email at editor@clevelandurbannews.com and by telephone at 216-932-3114.

 

 

 

Last Updated on Tuesday, 24 July 2012 08:14

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