This Note will argue that Ohio's record sealing statute is still a viable means to achieve this balance, but that it must be supplemented by additional laws in order to remain effective. Part II provides a short history of record sealing and expungement in the United States and explains how Ohio's record sealing statute effectively deals with some common criticisms of record sealing. Part III then briefly examines why sealing and expungement statutes are becoming increasingly ineffective due to the proliferation of electronic criminal records and the rise of the data-mining industry. Part IV critiques some of the proposed solutions to the record-sealing problems posed by modern computer technology. Finally, Part V recommends a combination of state credit reporting legislation, negligent hiring limitation, and restriction of employer access to criminal record information. This combined solution will not only balance the rights of ex-offenders and employers, but will also protect innocent individuals who might otherwise be harmed by inaccurate credit reporting.
Note, The Unified Sealed Theory: Updating Ohio's Record-Sealing Statute for the Twenty-First Century, 59 Clev. St. L. Rev. 161 (2011)