As Reported by the Senate Judiciary Committee 1
123rd General Assembly 4
Regular Session Sub. S. B. No. 13 5
1999-2000 6
SENATOR BLESSING 8
_________________________________________________________________ 10
A B I L L
To amend sections 2953.31, 2953.32, and 2953.36 of 12
the Revised Code to expand the definition of 13
"first offender" in the criminal conviction 14
records sealing law to include, in certain 15
situations, offenders who have two or three 16
convictions resulting from the same indictment, 17
information, complaint, guilty plea, or official 18
proceeding and resulting from related criminal 20
acts that were committed within a three-month
period, and to exclude from that law all 21
convictions of an offense of violence, an offense 22
of which the victim was a juvenile, or a felony 23
of the first or second degree.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 25
Section 1. That sections 2953.31, 2953.32, and 2953.36 of 27
the Revised Code be amended to read as follows: 28
Sec. 2953.31. As used in sections 2953.31 to 2953.36 of 37
the Revised Code: 38
(A) "First offender" means anyone who has been convicted 40
of an offense in this state or any other jurisdiction, and who 41
previously or subsequently has not been convicted of the same or 42
a different offense in this state or any other jurisdiction. 43
When two or more convictions result from or are connected with 44
the same act, or result from offenses committed at the same time, 45
they shall be counted as one conviction. WHEN TWO OR THREE 46
CONVICTIONS RESULT FROM THE SAME INDICTMENT, INFORMATION, OR 47
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COMPLAINT, FROM THE SAME PLEA OF GUILTY, OR FROM THE SAME 48
OFFICIAL PROCEEDING, AND RESULT FROM RELATED CRIMINAL ACTS THAT 49
WERE COMMITTED WITHIN A THREE-MONTH PERIOD BUT DO NOT RESULT FROM 50
THE SAME ACT OR FROM OFFENSES COMMITTED AT THE SAME TIME, THEY 51
SHALL BE COUNTED AS ONE CONVICTION, PROVIDED THAT A COURT MAY 52
DECIDE AS PROVIDED IN DIVISION (C)(1)(a) OF SECTION 2953.32 OF 53
THE REVISED CODE THAT IT IS NOT IN THE PUBLIC INTEREST FOR THE 54
TWO OR THREE CONVICTIONS TO BE COUNTED AS ONE CONVICTION. 55
For purposes of, and except as otherwise provided in, this 57
division, a conviction for a minor misdemeanor, a conviction for 58
a violation of any section in Chapter 4511., 4513., or 4549. of 59
the Revised Code, or a conviction for a violation of a municipal 60
ordinance that is substantially similar to any section in those 61
chapters, is not a previous or subsequent conviction. A 62
conviction for a violation of section 4511.19, 4511.192, 63
4511.251, 4549.02, 4549.021, 4549.03, 4549.042, or 4549.07, or 64
sections 4549.41 to 4549.46 of the Revised Code, or a conviction 65
for a violation of a municipal ordinance that is substantially 66
similar to any of those sections, shall be considered a previous 67
or subsequent conviction. 68
(B) "Prosecutor" means the county prosecuting attorney, 70
city director of law, village solicitor, or similar chief legal 71
officer, who has the authority to prosecute a criminal case in 72
the court in which the case is filed. 73
(C) "Bail forfeiture" means the forfeiture of bail by a 75
defendant who is arrested for the commission of a misdemeanor, 76
other than a defendant in a traffic case as defined in Traffic 77
Rule 2, if the forfeiture is pursuant to an agreement with the 78
court and prosecutor in the case. 79
(D) "Official records" has the same meaning as in division 81
(D) of section 2953.51 of the Revised Code. 82
(E) "OFFICIAL PROCEEDING" HAS THE SAME MEANING AS IN 84
SECTION 2921.01 OF THE REVISED CODE. 85
Sec. 2953.32. (A)(1) Except as provided in section 94
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2953.61 of the Revised Code, a first offender may apply to the 95
sentencing court if convicted in this state, or to a court of 96
common pleas if convicted in another state or in a federal court, 97
for the sealing of the conviction record that offender's. 98
Application may be made at the expiration of three years after 100
the offender's final discharge if convicted of a felony, or at 101
the expiration of one year after the offender's final discharge 102
if convicted of a misdemeanor.
(2) Any person who has been arrested for any misdemeanor 104
offense and who has effected a bail forfeiture may apply to the 105
court in which the misdemeanor criminal case was pending when 106
bail was forfeited for the sealing of that person's the record of 107
the case. Except as provided in section 2953.61 of the Revised 108
Code, the application may be filed at any time after the 109
expiration of one year from the date on which the bail forfeiture 110
was entered upon the minutes of the court or the journal, 111
whichever entry occurs first. 112
(B) Upon the filing of an application under this section, 114
the court shall set a date for a hearing and shall notify the 115
prosecutor for the case of the hearing on the application. The 116
prosecutor may object to the granting of the application by 117
filing an objection with the court prior to the date set for the 118
hearing. The prosecutor shall specify in the objection the 119
reasons the prosecutor for believing a denial of the application 120
is justified. The court shall direct its regular probation 122
officer, a state probation officer, or the department of 123
probation of the county in which the applicant resides to make 124
inquiries and written reports as the court requires concerning 125
the applicant.
(C)(1) The court shall do each of the following: 127
(a) Determine whether the applicant is a first offender or 129
whether the forfeiture of bail was agreed to by the applicant and 130
the prosecutor in the case;. IF THE APPLICANT APPLIES AS A FIRST 132
OFFENDER PURSUANT TO DIVISION (A)(1) OF THIS SECTION AND HAS TWO 133
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OR THREE CONVICTIONS THAT RESULT FROM THE SAME INDICTMENT,
INFORMATION, OR COMPLAINT, FROM THE SAME PLEA OF GUILTY, OR FROM 134
THE SAME OFFICIAL PROCEEDING, AND RESULT FROM RELATED CRIMINAL 135
ACTS THAT WERE COMMITTED WITHIN A THREE-MONTH PERIOD BUT DO NOT 136
RESULT FROM THE SAME ACT OR FROM OFFENSES COMMITTED AT THE SAME 137
TIME, IN MAKING ITS DETERMINATION UNDER THIS DIVISION, THE COURT
INITIALLY SHALL DETERMINE WHETHER IT IS NOT IN THE PUBLIC 138
INTEREST FOR THE TWO OR THREE CONVICTIONS TO BE COUNTED AS ONE 139
CONVICTION. IF THE COURT DETERMINES THAT IT IS NOT IN THE PUBLIC 140
INTEREST FOR THE TWO OR THREE CONVICTIONS TO BE COUNTED AS ONE 141
CONVICTION, THE COURT SHALL DETERMINE THAT THE APPLICANT IS NOT A 142
FIRST OFFENDER; IF THE COURT DOES NOT MAKE THAT DETERMINATION,
THE COURT SHALL DETERMINE THAT THE OFFENDER IS A FIRST OFFENDER. 143
(b) Determine whether criminal proceedings are pending 145
against the applicant; 146
(c) If the applicant is a first offender who applies 148
pursuant to division (A)(1) of this section, determine whether 149
the applicant has been rehabilitated to the satisfaction of the 150
court; 151
(d) If the prosecutor has filed an objection in accordance 153
with division (B) of this section, consider the reasons against 154
granting the application specified by the prosecutor in the 155
objection; 156
(e) Weigh the interests of the applicant in having the 158
records pertaining to the applicant's conviction sealed against 159
the legitimate needs, if any, of the government to maintain those 160
records. 161
(2) If the court determines, after complying with division 163
(C)(1) of this section, that the applicant is a first offender or 164
the subject of a bail forfeiture, that no criminal proceeding is 165
pending against the applicant, and that the interests of the 166
applicant in having the records pertaining to the applicant's 168
conviction or bail forfeiture sealed are not outweighed by any 169
legitimate governmental needs to maintain those records, and that 170
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the rehabilitation of an applicant who is a first offender 171
applying pursuant to division (A)(1) of this section has been 172
attained to the satisfaction of the court, the court, except as 173
provided in division (G) of this section, shall order all 174
official records pertaining to the case sealed and, except as 175
provided in division (F) of this section, all index references to 176
the case deleted and, in the case of bail forfeitures, shall 177
dismiss the charges in the case. The proceedings in the case 178
shall be considered not to have occurred and the conviction or 179
bail forfeiture of the person who is the subject of the 180
proceedings shall be sealed, except that upon conviction of a 181
subsequent offense, the sealed record of prior conviction or bail 182
forfeiture may be considered by the court in determining the 183
sentence or other appropriate disposition, including the relief 184
provided for in sections 2953.31 to 2953.33 of the Revised Code. 185
(3) Upon the filing of an application under this section, 187
the applicant, unless the applicant indigent, shall pay a fee of 188
fifty dollars. The court shall pay thirty dollars of the fee 190
into the state treasury. It shall pay twenty dollars of the fee 191
into the county general revenue fund if the sealed conviction or 192
bail forfeiture was pursuant to a state statute, or into the 193
general revenue fund of the municipal corporation involved if the 194
sealed conviction or bail forfeiture was pursuant to a municipal 195
ordinance. 196
(D) Inspection of the sealed records included in the order 198
may be made only by the following persons or for the following 199
purposes: 200
(1) By a law enforcement officer or prosecutor, or the 203
assistants of the law enforcement officer or prosecutor of
either, to determine whether the nature and character of the 205
offense with which a person is to be charged would be affected by 206
virtue of the person's previously having been convicted of a 207
crime;
(2) By the parole or probation officer of the person who 209
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is the subject of the records, for the exclusive use of the 210
officer in supervising the person while the person on parole or 211
probation and in making inquiries and written reports as 212
requested by the court or adult parole authority; 213
(3) Upon application by the person who is the subject of 215
the records, by the persons named in that person's the 216
application;
(4) By a law enforcement officer who was involved in the 218
case, for use in the officer's defense of a civil action arising 219
out of the officer's involvement in that case; 220
(5) By a prosecuting attorney or the prosecuting 222
attorney's assistants of the prosecuting attorney to determine a 224
defendant's eligibility to enter a pre-trial diversion program 225
established pursuant to section 2935.36 of the Revised Code; 226
(6) By any law enforcement agency or any authorized 228
employee of a law enforcement agency or by the department of 229
rehabilitation and correction as part of a background 230
investigation of a person who applies for employment with the 231
agency as a law enforcement officer or with the department as a 232
corrections officer; 233
(7) By any law enforcement agency or any authorized 235
employee of a law enforcement agency, for the purposes set forth 236
in, and in the manner provided in, section 2953.321 of the 237
Revised Code; 238
(8) By the bureau of criminal identification and 240
investigation or any authorized employee of the bureau for the 241
purpose of providing information to a board or person pursuant to 242
division (F) or (G) of section 109.57 of the Revised Code; 243
(9) By the bureau of criminal identification and 245
investigation or any authorized employee of the bureau for the 246
purpose of performing a criminal history records check on a 248
person to whom a certificate as prescribed in section 109.77 of 249
the Revised Code is to be awarded. 250
When the nature and character of the offense with which a 252
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person is to be charged would be affected by the information, it 253
may be used for the purpose of charging the person with an 254
offense. 255
(E) In any criminal proceeding, proof of any otherwise 257
admissible prior conviction may be introduced and proved, 258
notwithstanding the fact that for any such prior conviction an 259
order of sealing previously was issued pursuant to sections 260
2953.31 to 2953.36 of the Revised Code. 261
(F) The person or governmental agency, office, or 263
department that maintains sealed records pertaining to 264
convictions or bail forfeitures that have been sealed pursuant to 265
this section may maintain a manual or computerized index to the 266
sealed records. The index shall contain only the name of, and 267
alphanumeric identifiers that relate to, the persons who are the 268
subject of the sealed records, the word "sealed," and the name of 269
the person, agency, office, or department that has custody of the 270
sealed records, and shall not contain the name of the crime 271
committed. The index shall be made available by the person who 272
has custody of the sealed records only for the purposes set forth 273
in divisions (C), (D), and (E) of this section. 274
(G) Notwithstanding any provision of this section or 276
section 2953.33 of the Revised Code that requires otherwise, a 277
board of education of a city, local, exempted village, or joint 278
vocational school district that maintains records of an 279
individual who has been permanently excluded under sections 280
3301.121 and 3313.662 of the Revised Code is permitted to 281
maintain records regarding a conviction that was used as the 282
basis for the individual's permanent exclusion, regardless of a 283
court order to seal the record. An order issued under this 284
section to seal the record of a conviction does not revoke the 285
adjudication order of the superintendent of public instruction to 286
permanently exclude the individual who is the subject of the 287
sealing order. An order issued under this section to seal the 288
record of a conviction of an individual may be presented to a 289
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district superintendent as evidence to support the contention 290
that the superintendent should recommend that the permanent 291
exclusion of the individual who is the subject of the sealing 292
order be revoked. Except as otherwise authorized by this 293
division and sections 3301.121 and 3313.662 of the Revised Code, 294
any school employee in possession of or having access to the 295
sealed conviction records of an individual that were the basis of 296
a permanent exclusion of the individual is subject to section 297
2953.35 of the Revised Code. 298
Sec. 2953.36. Sections 2953.31 to 2953.35 of the Revised 309
Code do not apply to convictions when the offender is subject to 310
a mandatory prison term, convictions under section 2907.02, 311
2907.03, 2907.04, 2907.05, 2907.06, 2907.321, 2907.322, or 312
2907.323, former section 2907.12, or Chapter 4507., 4511., or 313
4549. of the Revised Code, or a conviction for a violation of a 314
municipal ordinance that is substantially similar to any section 315
contained in any of those chapters, CONVICTIONS OF AN OFFENSE OF 316
VIOLENCE, CONVICTIONS OF AN OFFENSE IN CIRCUMSTANCES IN WHICH THE 317
VICTIM OF THE OFFENSE WAS UNDER EIGHTEEN YEARS OF AGE, 318
CONVICTIONS OF A FELONY OF THE FIRST OR SECOND DEGREE, or bail 319
forfeitures in a traffic case as defined in Traffic Rule 2. 320
Section 2. That existing sections 2953.31, 2953.32, and 322
2953.36 of the Revised Code are hereby repealed. 323
Section 3. Section 2953.32 of the Revised Code is 325
presented in this act as a composite of the section as amended by 326
both Am. Sub. H.B. 566 and Am. Sub. S.B. 160 of the 121st General 327
Assembly, with the new language of neither of the acts shown in 328
capital letters. Section 2953.36 of the Revised Code is 329
presented in this act as a composite of the section as amended by 330
Am. Sub. H.B. 445, Am. Sub. H.B. 353, and Am. Sub. S.B. 269 of 331
the 121st General Assembly, with the new language of none of the 332
acts shown in capital letters. This is in recognition of the
principle stated in division (B) of section 1.52 of the Revised 334
Code that such amendments are to be harmonized where not
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substantively irreconcilable and constitutes a legislative 335
finding that such is the resulting version in effect prior to the 336
effective date of this act.