As Reported by House Criminal Justice Committee 1
123rd General Assembly 4
Regular Session Sub. S. B. No. 13 5
1999-2000 6
SENATOR BLESSING-REPRESENTATIVES LOGAN-MYERS- 8
TAYLOR-CALLENDER-JONES 9
_________________________________________________________________ 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 when the 22
offense is a misdemeanor of the first degree or a 23
felony, an offense of which the victim was a 24
juvenile when the offense is a misdemeanor of the
first degree or a felony, or a felony of the 25
first or second degree.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 27
Section 1. That sections 2953.31, 2953.32, and 2953.36 of 29
the Revised Code be amended to read as follows: 30
Sec. 2953.31. As used in sections 2953.31 to 2953.36 of 39
the Revised Code: 40
(A) "First offender" means anyone who has been convicted 42
of an offense in this state or any other jurisdiction, and who 43
previously or subsequently has not been convicted of the same or 44
a different offense in this state or any other jurisdiction. 45
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When two or more convictions result from or are connected with 46
the same act, or result from offenses committed at the same time, 47
they shall be counted as one conviction. WHEN TWO OR THREE 48
CONVICTIONS RESULT FROM THE SAME INDICTMENT, INFORMATION, OR 49
COMPLAINT, FROM THE SAME PLEA OF GUILTY, OR FROM THE SAME 50
OFFICIAL PROCEEDING, AND RESULT FROM RELATED CRIMINAL ACTS THAT 51
WERE COMMITTED WITHIN A THREE-MONTH PERIOD BUT DO NOT RESULT FROM 52
THE SAME ACT OR FROM OFFENSES COMMITTED AT THE SAME TIME, THEY 53
SHALL BE COUNTED AS ONE CONVICTION, PROVIDED THAT A COURT MAY 54
DECIDE AS PROVIDED IN DIVISION (C)(1)(a) OF SECTION 2953.32 OF 55
THE REVISED CODE THAT IT IS NOT IN THE PUBLIC INTEREST FOR THE 56
TWO OR THREE CONVICTIONS TO BE COUNTED AS ONE CONVICTION. 57
For purposes of, and except as otherwise provided in, this 59
division, a conviction for a minor misdemeanor, a conviction for 60
a violation of any section in Chapter 4511., 4513., or 4549. of 61
the Revised Code, or a conviction for a violation of a municipal 62
ordinance that is substantially similar to any section in those 63
chapters, is not a previous or subsequent conviction. A 64
conviction for a violation of section 4511.19, 4511.192, 65
4511.251, 4549.02, 4549.021, 4549.03, 4549.042, or 4549.07, or 66
sections 4549.41 to 4549.46 of the Revised Code, or a conviction 67
for a violation of a municipal ordinance that is substantially 68
similar to any of those sections, shall be considered a previous 69
or subsequent conviction. 70
(B) "Prosecutor" means the county prosecuting attorney, 72
city director of law, village solicitor, or similar chief legal 73
officer, who has the authority to prosecute a criminal case in 74
the court in which the case is filed. 75
(C) "Bail forfeiture" means the forfeiture of bail by a 77
defendant who is arrested for the commission of a misdemeanor, 78
other than a defendant in a traffic case as defined in Traffic 79
Rule 2, if the forfeiture is pursuant to an agreement with the 80
court and prosecutor in the case. 81
(D) "Official records" has the same meaning as in division 83
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(D) of section 2953.51 of the Revised Code. 84
(E) "OFFICIAL PROCEEDING" HAS THE SAME MEANING AS IN 86
SECTION 2921.01 OF THE REVISED CODE. 87
Sec. 2953.32. (A)(1) Except as provided in section 96
2953.61 of the Revised Code, a first offender may apply to the 97
sentencing court if convicted in this state, or to a court of 98
common pleas if convicted in another state or in a federal court, 99
for the sealing of the conviction record that offender's. 100
Application may be made at the expiration of three years after 102
the offender's final discharge if convicted of a felony, or at 103
the expiration of one year after the offender's final discharge 104
if convicted of a misdemeanor.
(2) Any person who has been arrested for any misdemeanor 106
offense and who has effected a bail forfeiture may apply to the 107
court in which the misdemeanor criminal case was pending when 108
bail was forfeited for the sealing of that person's the record of 109
the case. Except as provided in section 2953.61 of the Revised 110
Code, the application may be filed at any time after the 111
expiration of one year from the date on which the bail forfeiture 112
was entered upon the minutes of the court or the journal, 113
whichever entry occurs first. 114
(B) Upon the filing of an application under this section, 116
the court shall set a date for a hearing and shall notify the 117
prosecutor for the case of the hearing on the application. The 118
prosecutor may object to the granting of the application by 119
filing an objection with the court prior to the date set for the 120
hearing. The prosecutor shall specify in the objection the 121
reasons the prosecutor for believing a denial of the application 122
is justified. The court shall direct its regular probation 124
officer, a state probation officer, or the department of 125
probation of the county in which the applicant resides to make 126
inquiries and written reports as the court requires concerning 127
the applicant.
(C)(1) The court shall do each of the following: 129
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(a) Determine whether the applicant is a first offender or 131
whether the forfeiture of bail was agreed to by the applicant and 132
the prosecutor in the case;. IF THE APPLICANT APPLIES AS A FIRST 134
OFFENDER PURSUANT TO DIVISION (A)(1) OF THIS SECTION AND HAS TWO 135
OR THREE CONVICTIONS THAT RESULT FROM THE SAME INDICTMENT,
INFORMATION, OR COMPLAINT, FROM THE SAME PLEA OF GUILTY, OR FROM 136
THE SAME OFFICIAL PROCEEDING, AND RESULT FROM RELATED CRIMINAL 137
ACTS THAT WERE COMMITTED WITHIN A THREE-MONTH PERIOD BUT DO NOT 138
RESULT FROM THE SAME ACT OR FROM OFFENSES COMMITTED AT THE SAME 139
TIME, IN MAKING ITS DETERMINATION UNDER THIS DIVISION, THE COURT
INITIALLY SHALL DETERMINE WHETHER IT IS NOT IN THE PUBLIC 140
INTEREST FOR THE TWO OR THREE CONVICTIONS TO BE COUNTED AS ONE 141
CONVICTION. IF THE COURT DETERMINES THAT IT IS NOT IN THE PUBLIC 142
INTEREST FOR THE TWO OR THREE CONVICTIONS TO BE COUNTED AS ONE 143
CONVICTION, THE COURT SHALL DETERMINE THAT THE APPLICANT IS NOT A 144
FIRST OFFENDER; IF THE COURT DOES NOT MAKE THAT DETERMINATION,
THE COURT SHALL DETERMINE THAT THE OFFENDER IS A FIRST OFFENDER. 145
(b) Determine whether criminal proceedings are pending 147
against the applicant; 148
(c) If the applicant is a first offender who applies 150
pursuant to division (A)(1) of this section, determine whether 151
the applicant has been rehabilitated to the satisfaction of the 152
court; 153
(d) If the prosecutor has filed an objection in accordance 155
with division (B) of this section, consider the reasons against 156
granting the application specified by the prosecutor in the 157
objection; 158
(e) Weigh the interests of the applicant in having the 160
records pertaining to the applicant's conviction sealed against 161
the legitimate needs, if any, of the government to maintain those 162
records. 163
(2) If the court determines, after complying with division 165
(C)(1) of this section, that the applicant is a first offender or 166
the subject of a bail forfeiture, that no criminal proceeding is 167
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pending against the applicant, and that the interests of the 168
applicant in having the records pertaining to the applicant's 170
conviction or bail forfeiture sealed are not outweighed by any 171
legitimate governmental needs to maintain those records, and that 172
the rehabilitation of an applicant who is a first offender 173
applying pursuant to division (A)(1) of this section has been 174
attained to the satisfaction of the court, the court, except as 175
provided in division (G) of this section, shall order all 176
official records pertaining to the case sealed and, except as 177
provided in division (F) of this section, all index references to 178
the case deleted and, in the case of bail forfeitures, shall 179
dismiss the charges in the case. The proceedings in the case 180
shall be considered not to have occurred and the conviction or 181
bail forfeiture of the person who is the subject of the 182
proceedings shall be sealed, except that upon conviction of a 183
subsequent offense, the sealed record of prior conviction or bail 184
forfeiture may be considered by the court in determining the 185
sentence or other appropriate disposition, including the relief 186
provided for in sections 2953.31 to 2953.33 of the Revised Code. 187
(3) Upon the filing of an application under this section, 189
the applicant, unless the applicant indigent, shall pay a fee of 190
fifty dollars. The court shall pay thirty dollars of the fee 192
into the state treasury. It shall pay twenty dollars of the fee 193
into the county general revenue fund if the sealed conviction or 194
bail forfeiture was pursuant to a state statute, or into the 195
general revenue fund of the municipal corporation involved if the 196
sealed conviction or bail forfeiture was pursuant to a municipal 197
ordinance. 198
(D) Inspection of the sealed records included in the order 200
may be made only by the following persons or for the following 201
purposes: 202
(1) By a law enforcement officer or prosecutor, or the 205
assistants of the law enforcement officer or prosecutor of
either, to determine whether the nature and character of the 207
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offense with which a person is to be charged would be affected by 208
virtue of the person's previously having been convicted of a 209
crime;
(2) By the parole or probation officer of the person who 211
is the subject of the records, for the exclusive use of the 212
officer in supervising the person while the person on parole or 213
probation and in making inquiries and written reports as 214
requested by the court or adult parole authority; 215
(3) Upon application by the person who is the subject of 217
the records, by the persons named in that person's the 218
application;
(4) By a law enforcement officer who was involved in the 220
case, for use in the officer's defense of a civil action arising 221
out of the officer's involvement in that case; 222
(5) By a prosecuting attorney or the prosecuting 224
attorney's assistants of the prosecuting attorney to determine a 226
defendant's eligibility to enter a pre-trial diversion program 227
established pursuant to section 2935.36 of the Revised Code; 228
(6) By any law enforcement agency or any authorized 230
employee of a law enforcement agency or by the department of 231
rehabilitation and correction as part of a background 232
investigation of a person who applies for employment with the 233
agency as a law enforcement officer or with the department as a 234
corrections officer; 235
(7) By any law enforcement agency or any authorized 237
employee of a law enforcement agency, for the purposes set forth 238
in, and in the manner provided in, section 2953.321 of the 239
Revised Code; 240
(8) By the bureau of criminal identification and 242
investigation or any authorized employee of the bureau for the 243
purpose of providing information to a board or person pursuant to 244
division (F) or (G) of section 109.57 of the Revised Code; 245
(9) By the bureau of criminal identification and 247
investigation or any authorized employee of the bureau for the 248
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purpose of performing a criminal history records check on a 250
person to whom a certificate as prescribed in section 109.77 of 251
the Revised Code is to be awarded. 252
When the nature and character of the offense with which a 254
person is to be charged would be affected by the information, it 255
may be used for the purpose of charging the person with an 256
offense. 257
(E) In any criminal proceeding, proof of any otherwise 259
admissible prior conviction may be introduced and proved, 260
notwithstanding the fact that for any such prior conviction an 261
order of sealing previously was issued pursuant to sections 262
2953.31 to 2953.36 of the Revised Code. 263
(F) The person or governmental agency, office, or 265
department that maintains sealed records pertaining to 266
convictions or bail forfeitures that have been sealed pursuant to 267
this section may maintain a manual or computerized index to the 268
sealed records. The index shall contain only the name of, and 269
alphanumeric identifiers that relate to, the persons who are the 270
subject of the sealed records, the word "sealed," and the name of 271
the person, agency, office, or department that has custody of the 272
sealed records, and shall not contain the name of the crime 273
committed. The index shall be made available by the person who 274
has custody of the sealed records only for the purposes set forth 275
in divisions (C), (D), and (E) of this section. 276
(G) Notwithstanding any provision of this section or 278
section 2953.33 of the Revised Code that requires otherwise, a 279
board of education of a city, local, exempted village, or joint 280
vocational school district that maintains records of an 281
individual who has been permanently excluded under sections 282
3301.121 and 3313.662 of the Revised Code is permitted to 283
maintain records regarding a conviction that was used as the 284
basis for the individual's permanent exclusion, regardless of a 285
court order to seal the record. An order issued under this 286
section to seal the record of a conviction does not revoke the 287
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adjudication order of the superintendent of public instruction to 288
permanently exclude the individual who is the subject of the 289
sealing order. An order issued under this section to seal the 290
record of a conviction of an individual may be presented to a 291
district superintendent as evidence to support the contention 292
that the superintendent should recommend that the permanent 293
exclusion of the individual who is the subject of the sealing 294
order be revoked. Except as otherwise authorized by this 295
division and sections 3301.121 and 3313.662 of the Revised Code, 296
any school employee in possession of or having access to the 297
sealed conviction records of an individual that were the basis of 298
a permanent exclusion of the individual is subject to section 299
2953.35 of the Revised Code. 300
Sec. 2953.36. Sections 2953.31 to 2953.35 of the Revised 311
Code do not apply to convictions ANY OF THE FOLLOWING: 312
(A) CONVICTIONS when the offender is subject to a 314
mandatory prison term, convictions; 316
(B) CONVICTIONS under section 2907.02, 2907.03, 2907.04, 318
2907.05, 2907.06, 2907.321, 2907.322, or 2907.323, former section 320
2907.12, or Chapter 4507., 4511., or 4549. of the Revised Code, 321
or a conviction for a violation of a municipal ordinance that is 323
substantially similar to any section contained in any of those 324
chapters, or bail;
(C) CONVICTIONS OF AN OFFENSE OF VIOLENCE WHEN THE OFFENSE 326
IS A MISDEMEANOR OF THE FIRST DEGREE OR A FELONY; 327
(D) CONVICTIONS OF AN OFFENSE IN CIRCUMSTANCES IN WHICH 330
THE VICTIM OF THE OFFENSE WAS UNDER EIGHTEEN YEARS OF AGE WHEN 331
THE OFFENSE IS A MISDEMEANOR OF THE FIRST DEGREE OR A FELONY; 332
(E) CONVICTIONS OF A FELONY OF THE FIRST OR SECOND DEGREE; 335
(F) BAIL forfeitures in a traffic case as defined in 338
Traffic Rule 2.
Section 2. That existing sections 2953.31, 2953.32, and 340
2953.36 of the Revised Code are hereby repealed. 341
Section 3. Section 2953.32 of the Revised Code is 343
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presented in this act as a composite of the section as amended by 344
both Am. Sub. H.B. 566 and Am. Sub. S.B. 160 of the 121st General 345
Assembly, with the new language of neither of the acts shown in 346
capital letters. Section 2953.36 of the Revised Code is 347
presented in this act as a composite of the section as amended by 348
Am. Sub. H.B. 445, Am. Sub. H.B. 353, and Am. Sub. S.B. 269 of 349
the 121st General Assembly, with the new language of none of the 350
acts shown in capital letters. This is in recognition of the
principle stated in division (B) of section 1.52 of the Revised 352
Code that such amendments are to be harmonized where not
substantively irreconcilable and constitutes a legislative 353
finding that such is the resulting version in effect prior to the 354
effective date of this act.