Ohio Code 2927.22 – Soliciting or accepting a fee to remove, correct, modify, or refrain from publishing criminal record information; violation
(A) As used in this section:
Attorney's Note
Under the Ohio Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Misdemeanor of the first degree | up to 180 days | up to $1,000 |
Terms Used In Ohio Code 2927.22
- Arrest: Taking physical custody of a person by lawful authority.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Plaintiff: The person who files the complaint in a civil lawsuit.
- state: means the state of Ohio. See Ohio Code 1.59
(1) “Booking photograph” means a photograph of a subject individual that was taken in this state by an arresting law enforcement agency.
(2) “Criminal record information” means a booking photograph or the name, address, charges filed, or description of a subject individual who is asserted or implied to have engaged in illegal conduct.
(3) “Law enforcement agency” has the same meaning as in section 109.573 of the Revised Code.
(4) “Subject individual” means an individual who was arrested and had the individual’s photograph taken by a law enforcement agency during the processing of the arrest.
(B) No person engaged in publishing or otherwise disseminating criminal record information through a print or electronic medium shall negligently solicit or accept from a subject individual the payment of a fee or other consideration to remove, correct, modify, or refrain from publishing or otherwise disseminating criminal record information.
(C) A violation of division (B) of this section is misuse of criminal record information, a misdemeanor of the first degree.
(D) Each payment solicited or accepted in violation of this section constitutes a separate violation.
(E) In a civil action brought pursuant to section 2307.60 of the Revised Code for a violation of this section, a subject individual who suffers a loss or harm as a result of the violation may be awarded an amount equal to ten thousand dollars or actual and punitive damages, whichever is greater, and in addition may be awarded reasonable attorney’s fees, court costs, and any other remedies provided by law. Humiliation or embarrassment shall be adequate to show that the plaintiff has incurred damages. No physical manifestation of either humiliation or embarrassment is necessary for damages to be shown.