Sharon Coolidge

The Cincinnati Enquirer

CINCINNATI — Cincinnati City Council members have already admitted a 2006 crackdown on marijuana was a mistake, repealing a law that made possessing even a small amount a misdemeanor crime.

The problem: It created criminal records that are tough to get expunged. That means employers can see them when doing background checks. And those criminal records are stopping people from getting jobs.

Elsewhere in the state a similar charge is a minor misdemeanor, which doesn't count when a judge considers expunging a record.

Now help for the 10,000 people caught in the 2006 to 2010 tough-on-crime law is coming from an unlikely source: Republican Cincinnati councilman – and state Senate candidate — Charlie Winburn.

He says he's seen firsthand how the law is hurting African Americans. He's pushing for a city law that would allow the marijuana scofflaws to erase the crime from their records, a move he says will help them get jobs, housing, education, student loans and the ability to pay child support.

"This is not something a Republican would normally do, but this is not right," Winburn said. "I would rather have this law passed than force people into a life of crime because they can't get a job."

The law would lower the marijuana charge that was filed as a misdemeanor back down to a minor misdemeanor, which would give judges more leeway when considering whether to seal a record.

It's wouldn't be blanket forgiveness. People would still have to go through the judicial process to get their records expunged or erased.

Cincinnati Prosecutor Charlie Rubenstein is concerned the council doesn't have the power to make the change.

"The philosophy is up to council, but law department has reservations about whether we're allowed to do it," he said. "This would not govern conduct; it directs the court what to do."

Rubenstein added that if the council does pass the law, a court would have to decide if it's constitutional.

A public hearing on the proposal is set for Monday before Cincinnati City Council's Law Committee.

It's a city issue, but Winburn is also running for state Senate in the heavily African-American 9th District. Winburn wants to use the issue against Democratic opponent Cecil Thomas, a former Cincinnati councilman who championed the law, then voted for its 2010 repeal.

Thomas said he pushed for harsh marijuana laws then because much of the city's violent crime was tied in some way to marijuana. But when the money dried up for extra officers to enforce the penalties, he said, he voted for repealing them. He supports Winburn's latest push.

"My opponent wants to expunge records. That just adds to the ability to assist folks who need to get on track," he said. "But we all have to understand about personal responsibility. If you know that in order to get this job the employer is going to do a drug test, when will you ever take the personal responsibility to say, 'I'm not going to smoke this joint?' "

The 2010 repeal didn't help the 10,000 people – 85 percent of them African-Americans – who racked up 26,000 marijuana charges.

In 2010, Michael Hampton, a student in a medical assistant program, was driving through Avondale in a borrowed car when he was pulled over for a broken taillight. During a search of his car, a Cincinnati police officer found a marijuana joint in the ashtray.

Hampton, now 33 of Colerain Township, paid the fine and didn't think much of it —until he graduated, got a job at a hospital and promptly lost it once his criminal record was uncovered.

"I cried with the human resources lady; I was begging," Hampton said.

It didn't help. Other medical assistant jobs have gone the same way.

Hampton had two other misdemeanor convictions, so the enhanced marijuana charge was his third. It can't be expunged. Under Winburn's law that would change.

Ever since the marijuana charge, the father of four has held only temporary jobs. He lives with his dad.

"I was raised to work hard, go to school and get a job," Hampton said. "One simple mistake, and it is all on hold. I'm not a bad person."

Winburn said he has heard other similar stories. He set up a hotline to find people caught up in the law. More than 200 people have called.

Assistant Hamilton County Public Defender Margie Slagle supports Winburn's efforts.

"It's heart-wrenching," she said. "These little weed tickets — however you feel about marijuana — should not stop people from sealing records. These people can't get jobs. It's affecting educational opportunities."