REPRESENTATIVES Willamowski, Hartnett, Flowers, Jerse, Setzer, Redfern, Williams, Allen

To amend sections 2151.358, 2953.52, 2953.53,

1

4301.638, 4301.69, and 4301.99 and to repeal

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section 4301.632 of the Revised Code to prohibit an

3

underage person from being under the influence of

4

beer or intoxicating liquor, to revise the

5

prohibitions regarding an underage person ordering,

6

paying for, sharing the cost of, attempting to

7

purchase, or consuming or possessing beer or

8

intoxicating liquor, and to provide a diversion

9

program for persons charged with violating these

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prohibitions and to maintain the provisions of this

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act on and after January 1, 2002, by amending the

12

version of section 2151.358 of the Revised Code

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that takes effect on that date.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 2151.358, 2953.52, 2953.53,	15
4301.638, 4301.69, and 4301.99 be amended to read as follows:	16

Sec. 2151.358.  (A) As used in this section, "seal a record"	17
means to remove a record from the main file of similar records and	18
to secure it in a separate file that contains only sealed records	19
and that is accessible only to the juvenile court. A record that	20
is sealed shall be destroyed by all persons and governmental	21
bodies except the juvenile court.	22

(B) The department of youth services and any other	23
institution or facility that unconditionally discharges a person	24
who has been adjudicated a delinquent child, an unruly child, or a	25
juvenile traffic offender shall immediately give notice of the	26
discharge to the court that committed the person. The court shall	27
note the date of discharge on a separate record of discharges of	28
those natures.	29

(C)(1)(a) Two years after the termination of any order made	30
by the court or two years after the unconditional discharge of a	31
person from the department of youth services or another	32
institution or facility to which the person may have been	33
committed, the court that issued the order or committed the person	34
shall do whichever of the following is applicable:	35

(i) If the person was adjudicated an unruly child, order the	36
record of the person sealed;	37

(ii) If the person was adjudicated a delinquent child for	38
committing an act other than a violation of section 2903.01,	39
2903.02, 2907.02, 2907.03, or 2907.05 of the Revised Code or was	40
adjudicated a juvenile traffic offender, either order the record	41
of the person sealed or send the person notice of the person's	42
right to have that record sealed.	43

(b) Division (C)(1)(a) of this section does not apply	44
regarding a person who was adjudicated a delinquent child for	45
committing a violation of section 2903.01, 2903.02, 2907.02,	46
2907.03, or 2907.05 of the Revised Code.	47

(2) The court shall send the notice described in division	48
(C)(1)(a)(ii) of this section within ninety days after the	49
expiration of the two-year period described in division (C)(1)(a)	50
of this section by certified mail, return receipt requested, to	51
the person's last known address. The notice shall state that the	52
person may apply to the court for an order to seal the person's	53
record, explain what sealing a record means, and explain the	54
possible consequences of not having the person's record sealed.	55

(D)(1) At any time after the two-year period described in	56
division (C)(1)(a) of this section has elapsed, any person who has	57
been adjudicated a delinquent child for committing an act other	58
than a violation of section 2903.01, 2903.02, 2907.02, 2907.03, or	59
2907.05 of the Revised Code or who has been adjudicated a juvenile	60
traffic offender may apply to the court for an order to seal the	61
person's record. The court shall hold a hearing on each	62
application within sixty days after the application is received.	63
Notice of the hearing on the application shall be given to the	64
prosecuting attorney and to any other public office or agency	65
known to have a record of the prior adjudication. If the court	66
finds that the rehabilitation of the person who was adjudicated a	67
delinquent child or a juvenile traffic offender has been attained	68
to a satisfactory degree, the court may order the record of the	69
person sealed.	70

(2) Division (D)(1) of this section does not apply regarding	71
a person who was adjudicated a delinquent child for committing a	72
violation of section 2903.01, 2903.02, 2907.02, 2907.03, or	73
2907.05 of the Revised Code.	74

(3) If a child who was charged with violating division	75
(E)(1) of section 4301.69 of the Revised Code successfully	76
completes a diversion program under division (E)(2)(a) of section	77
4301.69 of the Revised Code with respect to that charge, the court	78
shall order the person's record in that case sealed.	79

(E)(1) If the court orders the adjudication record or other	80
record of a person sealed pursuant to division (C) or (D) of this	81
section, the court, except as provided in division (K) of this	82
section, shall order that the proceedings in the case in which the	83
person was adjudicated a juvenile traffic offender, a delinquent	84
child, or an unruly child, or in which the person was the subject	85
of a complaint alleging the person to have violated division	86
(E)(1) of section 4301.69 of the Revised Code, be deemed never to	87
have occurred. Except as provided in division (G)(2) of this	88
section, all index references to the case and the person shall be	89
deleted, and the person and the court properly may reply that no	90
record exists with respect to the person upon any inquiry in the	91
matter.	92

(2) Inspection of records that have been ordered sealed	93
under division (E)(1) of this section may be made only by the	94
following persons or for the following purposes:	95

(a) If the records in question pertain to an act that would	96
be an offense of violence that would be a felony if committed by	97
an adult, by any law enforcement officer or any prosecutor, or the	98
assistants of a law enforcement officer or prosecutor, for any	99
valid law enforcement or prosecutorial purpose;	100

(b) Upon application by the person who is the subject of the	101
sealed records, by the persons that are named in that application;	102

(c) If the records in question pertain to an alleged	103
violation of division (E)(1) of section 4301.69 of the Revised	104
Code, by any law enforcement officer or any prosecutor, or the	105
assistants of a law enforcement officer or prosecutor, for the	106
purpose of determining whether the person is eligible for	107
diversion under division (E)(2) of section 4301.69 of the Revised	108
Code.	109

(F) Any person who has been arrested and charged with being	110
a delinquent child or a juvenile traffic offender and who is	111
adjudicated not guilty of the charges in the case or has the	112
charges in the case dismissed may apply to the court for an	113
expungement of the record in the case. The application may be	114
filed at any time after the person is adjudicated not guilty or	115
the charges against the person are dismissed. The court shall	116
give notice to the prosecuting attorney of any hearing on the	117
application. The court may initiate the expungement proceedings	118
on its own motion.	119

Any person who has been arrested and charged with being an	120
unruly child and who is adjudicated not guilty of the charges in	121
the case or has the charges in the case dismissed may apply to the	122
court for an expungement of the record in the case. The court	123
shall initiate the expungement proceedings on its own motion if an	124
application for expungement is not filed.	125

If the court upon receipt of an application for expungement	126
or upon its own motion determines that the charges against any	127
person in any case were dismissed or that any person was	128
adjudicated not guilty in any case, the court shall order that the	129
records of the case be expunged and that the proceedings in the	130
case be deemed never to have occurred. If the applicant for the	131
expungement order, with the written consent of the applicant's	132
parents or guardian if the applicant is a minor and with the	133
written approval of the court, waives in writing the applicant's	134
right to bring any civil action based on the arrest for which the	135
expungement order is applied, the court shall order the	136
appropriate persons and governmental agencies to delete all index	137
references to the case; destroy or delete all court records of the	138
case; destroy all copies of any pictures and fingerprints taken of	139
the person pursuant to the expunged arrest; and destroy, erase, or	140
delete any reference to the arrest that is maintained by the state	141
or any political subdivision of the state, except a record of the	142
arrest that is maintained for compiling statistical data and that	143
does not contain any reference to the person.	144

If the applicant for an expungement order does not waive in	145
writing the right to bring any civil action based on the arrest	146
for which the expungement order is applied, the court, in addition	147
to ordering the deletion, destruction, or erasure of all index	148
references and court records of the case and of all references to	149
the arrest that are maintained by the state or any political	150
subdivision of the state, shall order that a copy of all records	151
of the case, except fingerprints held by the court or a law	152
enforcement agency, be delivered to the court. The court shall	153
seal all of the records delivered to the court in a separate file	154
in which only sealed records are maintained. The sealed records	155
shall be kept by the court until the statute of limitations	156
expires for any civil action based on the arrest, any pending	157
litigation based on the arrest is terminated, or the applicant	158
files a written waiver of the right to bring a civil action based	159
on the arrest. After the expiration of the statute of	160
limitations, the termination of the pending litigation, or the	161
filing of the waiver, the court shall destroy the sealed records.	162

After the expungement order has been issued, the court shall,	163
and the person may properly, reply that no record of the case with	164
respect to the person exists.	165

(G)(1) The court shall send notice of the order to expunge	166
or seal to any public office or agency that the court has reason	167
to believe may have a record of the expunged or sealed record.	168
Except as provided in division (K) of this section, an order to	169
seal or expunge under this section applies to every public office	170
or agency that has a record of the prior adjudication or arrest,	171
regardless of whether it receives notice of the hearing on the	172
expungement or sealing of the record or a copy of the order to	173
expunge or seal the record. Except as provided in division (K) of	174
this section, upon the written request of a person whose record	175
has been expunged and the presentation of a copy of the order to	176
expunge, a public office or agency shall destroy its record of the	177
prior adjudication or arrest, except a record of the adjudication	178
or arrest that is maintained for compiling statistical data and	179
that does not contain any reference to the person who is the	180
subject of the order to expunge.	181

(2) The person, or the public office or agency, that	182
maintains sealed records pertaining to an adjudication of a child	183
as a delinquent child may maintain a manual or computerized index	184
to the sealed records. The index shall contain only the name of,	185
and alphanumeric identifiers that relate to, the persons who are	186
the subject of the sealed records, the word "sealed," and the name	187
of the person, or the public office or agency that has custody of	188
the sealed records and shall not contain the name of the	189
delinquent act committed. The person who has custody of the	190
sealed records shall make the index available only for the	191
purposes set forth in divisions (E)(2) and (H) of this section.	192

(H) The judgment rendered by the court under this chapter	193
shall not impose any of the civil disabilities ordinarily imposed	194
by conviction of a crime in that the child is not a criminal by	195
reason of the adjudication and no child shall be charged with or	196
convicted of a crime in any court except as provided by this	197
chapter. The disposition of a child under the judgment rendered	198
or any evidence given in court shall not operate to disqualify a	199
child in any future civil service examination, appointment, or	200
application. Evidence of a judgment rendered and the disposition	201
of a child under the judgment is not admissible to impeach the	202
credibility of the child in any action or proceeding. Otherwise,	203
the disposition of a child under the judgment rendered or any	204
evidence given in court is admissible as evidence for or against	205
the child in any action or proceeding in any court in accordance	206
with the Rules of Evidence and also may be considered by any court	207
as to the matter of sentence or to the granting of probation, and	208
a court may consider the judgment rendered and the disposition of	209
a child under that judgment for purposes of determining whether	210
the child, for a future criminal conviction or guilty plea, is a	211
repeat violent offender, as defined in section 2929.01 of the	212
Revised Code.	213

(I) In any application for employment, license, or other	214
right or privilege, any appearance as a witness, or any other	215
inquiry, a person may not be questioned with respect to any arrest	216
for which the records were expunged. If an inquiry is made in	217
violation of this division, the person may respond as if the	218
expunged arrest did not occur, and the person shall not be subject	219
to any adverse action because of the arrest or the response.	220

(J) An officer or employee of the state or any of its	221
political subdivisions who knowingly releases, disseminates, or	222
makes available for any purpose involving employment, bonding,	223
licensing, or education to any person or to any department,	224
agency, or other instrumentality of the state or of any of its	225
political subdivisions any information or other data concerning	226
any arrest, complaint, trial, hearing, adjudication, or	227
correctional supervision, the records of which have been expunged	228
or sealed pursuant to this section and the release, dissemination,	229
or making available of which is not expressly permitted by this	230
section, is guilty of divulging confidential information, a	231
misdemeanor of the fourth degree.	232

(K) Notwithstanding any provision of this section that	233
requires otherwise, a board of education of a city, local,	234
exempted village, or joint vocational school district that	235
maintains records of an individual who has been permanently	236
excluded under sections 3301.121 and 3313.662 of the Revised Code	237
is permitted to maintain records regarding an adjudication that	238
the individual is a delinquent child that was used as the basis	239
for the individual's permanent exclusion, regardless of a court	240
order to seal the record. An order issued under this section to	241
seal the record of an adjudication that an individual is a	242
delinquent child does not revoke the adjudication order of the	243
superintendent of public instruction to permanently exclude the	244
individual who is the subject of the sealing order. An order	245
issued under this section to seal the record of an adjudication	246
that an individual is a delinquent child may be presented to a	247
district superintendent as evidence to support the contention that	248
the superintendent should recommend that the permanent exclusion	249
of the individual who is the subject of the sealing order be	250
revoked. Except as otherwise authorized by this division and	251
sections 3301.121 and 3313.662 of the Revised Code, any school	252
employee in possession of or having access to the sealed	253
adjudication records of an individual that were the basis of a	254
permanent exclusion of the individual is subject to division (J)	255
of this section.	256

Sec. 2953.52.  (A)(1) Any person, who is found not guilty of	257
an offense by a jury or a court or who is the defendant named in a	258
dismissed complaint, indictment, or information, may apply to the	259
court for an order to seal his official records in the case.	260
Except as provided in section 2953.61 of the Revised Code, the	261
application may be filed at any time after the finding of not	262
guilty or the dismissal of the complaint, indictment, or	263
information is entered upon the minutes of the court or the	264
journal, whichever entry occurs first.	265

(2) Any person, against whom a no bill is entered by a grand	266
jury, may apply to the court for an order to seal his official	267
records in the case. Except as provided in section 2953.61 of the	268
Revised Code, the application may be filed at any time after the	269
expiration of two years after the date on which the foreman or	270
deputy foreman of the grand jury reports to the court that the	271
grand jury has reported a no bill.	272

(B)(1) Upon the filing of an application pursuant to	273
division (A) of this section, the court shall set a date for a	274
hearing and shall notify the prosecutor in the case of the hearing	275
on the application. The prosecutor may object to the granting of	276
the application by filing an objection with the court prior to the	277
date set for the hearing. The prosecutor shall specify in the	278
objection the reasons he believes justify a denial of the	279
application.	280

(2) The court shall do each of the following:

281

(a) Determine whether the person was found not guilty in the	282
case, or the complaint, indictment, or information in the case was	283
dismissed, or a no bill was returned in the case and a period of	284
two years or a longer period as required by section 2953.61 of the	285
Revised Code has expired from the date of the report to the court	286
of that no bill by the foreman or deputy foreman of the grand	287
jury;	288

(b) Determine whether criminal proceedings are pending	289
against the person;	290

(c) If the prosecutor has filed an objection in accordance	291
with division (B)(1) of this section, consider the reasons against	292
granting the application specified by the prosecutor in the	293
objection;	294

(d) Weigh the interests of the person in having the official	295
records pertaining to the case sealed against the legitimate	296
needs, if any, of the government to maintain those records.	297

(3) If the court determines, after complying with division	298
(B)(2) of this section, that the person was found not guilty in	299
the case, that the complaint, indictment, or information in the	300
case was dismissed, or that a no bill was returned in the case and	301
that the appropriate period of time has expired from the date of	302
the report to the court of the no bill by the foreman or deputy	303
foreman of the grand jury; that no criminal proceedings are	304
pending against the person; and the interests of the person in	305
having the records pertaining to the case sealed are not	306
outweighed by any legitimate governmental needs to maintain such	307
records, or if division (E)(2)(b) of section 4301.69 of the	308
Revised Code applies, the court shall issue an order directing	309
that all official records pertaining to the case be sealed and	310
that, except as provided in section 2953.53 of the Revised Code,	311
the proceedings in the case be deemed not to have occurred.	312

Sec. 2953.53.  (A) The court shall send notice of any order	313
to seal official records issued pursuant to section 2953.52 of the	314
Revised Code to any public office or agency that the court knows	315
or has reason to believe may have any record of the case, whether	316
or not it is an official record, that is the subject of the order.	317
The notice shall be sent by certified mail, return receipt	318
requested.	319

(B) A person whose official records have been sealed	320
pursuant to an order issued pursuant to section 2953.52 of the	321
Revised Code may present a copy of that order and a written	322
request to comply with it, to a public office or agency that has a	323
record of the case that is the subject of the order.	324

(C) An order to seal official records issued pursuant to	325
section 2953.52 of the Revised Code applies to every public office	326
or agency that has a record of the case that is the subject of the	327
order, regardless of whether it receives notice of the hearing on	328
the application for the order to seal the official records or	329
receives a copy of the order to seal the official records pursuant	330
to division (A) or (B) of this section.	331

(D) Upon receiving a copy of an order to seal official	332
records pursuant to division (A) or (B) of this section or upon	333
otherwise becoming aware of an applicable order to seal official	334
records issued pursuant to section 2953.52 of the Revised Code, a	335
public office or agency shall comply with the order and, if	336
applicable, with the provisions of section 2953.54 of the Revised	337
Code, except that it may maintain a record of the case that is the	338
subject of the order if the record is maintained for the purpose	339
of compiling statistical data only and does not contain any	340
reference to the person who is the subject of the case and the	341
order.	342

A public office or agency also may maintain an index of	343
sealed official records, in a form similar to that for sealed	344
records of conviction as set forth in division (F) of section	345
2953.32 of the Revised Code, access to which may not be afforded	346
to any person other than the person who has custody of the sealed	347
official records. The sealed official records to which such an	348
index pertains shall not be available to any person, except that	349
the official records of a case that have been sealed may be made	350
available to the following persons for the following purposes:	351

(1) To the person who is the subject of the records upon	352
written application, and to any other person named in the	353
application, for any purpose;	354

(2) To a law enforcement officer who was involved in the	355
case, for use in the officer's defense of a civil action arising	356
out of the officer's involvement in that case;	357

(3) To a prosecuting attorney or histhe prosecuting	358
attorney's assistants to determine a defendant's eligibility to	359
enter a pre-trial diversion program established pursuant to	360
section 2935.36 of the Revised Code;	361

(4) To a prosecuting attorney or his or her assistants to	362
determine a defendant's eligibility to enter a pre-trial diversion	363
program under division (E)(2)(b) of section 4301.69 of the Revised	364
Code.	365

Sec. 4301.638.  Sections 4301.6324301.633 to 4301.637 of the	366
Revised Code shall not be deemed to modify or affect division (A)	367
of section 4301.22 or section 4301.69 of the Revised Code.	368

Sec. 4301.69.  (A) Except as otherwise provided in this	369
chapter, no person shall sell beer or intoxicating liquor to an	370
underage person, shall buy beer or intoxicating liquor for an	371
underage person, or shall furnish it to an underage person, unless	372
given by a physician in the regular line of the physician's	373
practice or given for established religious purposes or unless the	374
underage person is accompanied by a parent, spouse who is not an	375
underage person, or legal guardian.	376

In proceedings before the liquor control commission, no	377
permit holder, or the employee or agent of a permit holder,	378
charged with a violation of this division shall be charged, for	379
the same offense, with a violation of division (A)(1) of section	380
4301.22 of the Revised Code.	381

(B) No person who is the owner or occupant of any public or	382
private place shall knowingly allow any underage person to remain	383
in or on the place while possessing or consuming beer or	384
intoxicating liquor, unless the intoxicating liquor or beer is	385
given to the person possessing or consuming it by that person's	386
parent, spouse who is not an underage person, or legal guardian	387
and the parent, spouse who is not an underage person, or legal	388
guardian is present at the time of the person's possession or	389
consumption of the beer or intoxicating liquor.	390

An owner of a public or private place is not liable for acts	391
or omissions in violation of this division that are committed by a	392
lessee of that place, unless the owner authorizes or acquiesces in	393
the lessee's acts or omissions.	394

(C) No person shall engage or use accommodations at a hotel,	395
inn, cabin, campground, or restaurant when the person knows or has	396
reason to know either of the following:	397

(1) That beer or intoxicating liquor will be consumed by an	398
underage person on the premises of the accommodations that the	399
person engages or uses, unless the person engaging or using the	400
accommodations is the spouse of the underage person and who is not	401
an underage person, or is the parent or legal guardian of all of	402
the underage persons, who consume beer or intoxicating liquor on	403
the premises and that person is on the premises at all times when	404
beer or intoxicating liquor is being consumed by an underage	405
person;	406

(2) That a drug of abuse will be consumed on the premises of	407
the accommodations by any person, except a person who obtained the	408
drug of abuse pursuant to a prescription issued by a licensed	409
health professional authorized to prescribe drugs and has the drug	410
of abuse in the original container in which it was dispensed to	411
the person.	412

(D)(1) No person is required to permit the engagement of	413
accommodations at any hotel, inn, cabin, or campground by an	414
underage person or for an underage person, if the person engaging	415
the accommodations knows or has reason to know that the underage	416
person is intoxicated, or that the underage person possesses any	417
beer or intoxicating liquor and is not accompanied by a parent,	418
spouse who is not an underage person, or legal guardian who is or	419
will be present at all times when the beer or intoxicating liquor	420
is being consumed by the underage person.	421

(2) No underage person shall knowingly engage or attempt to	422
engage accommodations at any hotel, inn, cabin, or campground by	423
presenting identification that falsely indicates that the underage	424
person is twenty-one years of age or older for the purpose of	425
violating this section.	426

(E)(1) No underage person shall knowingly order, pay for,	427
share the cost of, attempt to purchase, possess, or consume any	428
beer or intoxicating liquor, in any public or private place,	429
unless. No underage person shall knowingly be under the influence	430
of any beer or intoxicating liquor in any public place. Division	431
(E)(1) of this section shall not apply if the underage person is	432
accompanied by a parent, spouse who is not an underage person, or	433
legal guardian, or unless the beer or intoxicating liquor is given	434
by a physician in the regular line of the physician's practice or	435
given for established religious purposes.	436

(2)(a) If a person is charged with violating division (E)(1)	437
of this section in a complaint filed under section 2151.27 of the	438
Revised Code, the court may order the child into a diversion	439
program specified by the court and hold the complaint in abeyance	440
pending successful completion of the diversion program. A child	441
is ineligible to enter into a diversion program under division	442
(E)(2)(a) of this section if the child previously has been	443
diverted pursuant to division (E)(2)(a) of this section. If the	444
child completes the diversion program to the satisfaction of the	445
court, the court shall dismiss the complaint and order the child's	446
record in the case sealed under division (D)(3) of section	447
2151.358 of the Revised Code. If the child fails to	448
satisfactorily complete the diversion program, the court shall	449
proceed with the complaint.	450

(b) If a person is charged in a criminal complaint with	451
violating division (E)(1) of this section, section 2935.36 of the	452
Revised Code shall apply to the offense, except that a person is	453
ineligible for diversion under that section if the person	454
previously has been diverted pursuant to division (E)(2)(a) or (b)	455
of this section. If the person completes the diversion program to	456
the satisfaction of the court, the court shall dismiss the	457
complaint and order the record in the case sealed under section	458
2953.52 of the Revised Code. If the person fails to	459
satisfactorily complete the diversion program, the court shall	460
proceed with the complaint.	461

(F) No parent, spouse who is not an underage person, or	462
legal guardian of a minor shall knowingly permit the minor to	463
violate this section or section 4301.63, 4301.632, 4301.633, or	464
4301.634 of the Revised Code.	465

(G) The operator of any hotel, inn, cabin, or campground	466
shall make the provisions of this section available in writing to	467
any person engaging or using accommodations at the hotel, inn,	468
cabin, or campground.	469

(H) As used in this section:

470

(1) "Drug of abuse" has the same meaning as in section	471
3719.011 of the Revised Code.	472

(2) "Hotel" has the same meaning as in section 3731.01 of	473
the Revised Code.	474

(3) "Licensed health professional authorized to prescribe	475
drugs" and "prescription" have the same meanings as in section	476
4729.01 of the Revised Code.	477

(4) "Minor" means a person under the age of eighteen years.

478

(5) "Underage person" means a person under the age of	479
twenty-one years.	480

Sec. 4301.99.  (A) Whoever violates section 4301.47,	481
4301.48, 4301.49, 4301.62, or 4301.70 or division (B) of section	482
4301.691 of the Revised Code is guilty of a minor misdemeanor.	483

(B) Whoever violates section 4301.15, division (A)(2) or (D)	484
of section 4301.22, division (C), (D), (E), (F), (G), (H), or (I)	485
of section 4301.631, or section 4301.64 or 4301.67 of the Revised	486
Code is guilty of a misdemeanor of the fourth degree.	487

If an offender who violates section 4301.64 of the Revised	488
Code was under the age of eighteen years at the time of the	489
offense, the court, in addition to any other penalties it imposes	490
upon the offender, shall suspend the offender's temporary	491
instruction permit, probationary driver's license, or driver's	492
license for a period of six months. If the offender is fifteen	493
years and six months of age or older and has not been issued a	494
temporary instruction permit or probationary driver's license, the	495
offender shall not be eligible to be issued such a license or	496
permit for a period of six months. If the offender has not	497
attained the age of fifteen years and six months, the offender	498
shall not be eligible to be issued a temporary instruction permit	499
until the offender attains the age of sixteen years.	500

(C) Whoever violates division (D) of section 4301.21, or	501
section 4301.251, 4301.58, 4301.59, 4301.60, 4301.632, 4301.633,	502
4301.66, 4301.68, or 4301.74, division (B), (C), (D), (E)(1), or	503
(F) of section 4301.69 of the Revised Code, or division (C), (D),	504
(E), (F), (G), or (I) of section 4301.691 of the Revised Code is	505
guilty of a misdemeanor of the first degree.	506

If an offender who violates division (E)(1) of section	507
4301.6324301.69 of the Revised Code was under the age of eighteen	508
years at the time of the offense and the offense occurred while	509
the offender was the operator of or a passenger in a motor	510
vehicle, the court, in addition to any other penalties it imposes	511
upon the offender, shall suspend the offender's temporary	512
instruction permit or probationary driver's license for a period	513
of six months. If the offender is fifteen years and six months of	514
age or older and has not been issued a temporary instruction	515
permit or probationary driver's license, the offender shall not be	516
eligible to be issued such a license or permit for a period of six	517
months. If the offender has not attained the age of fifteen years	518
and six months, the offender shall not be eligible to be issued a	519
temporary instruction permit until the offender attains the age of	520
sixteen years.	521

(D) Whoever violates division (B) of section 4301.14, or	522
division (A)(1) or (3), (B), or (C) of section 4301.22 of the	523
Revised Code is guilty of a misdemeanor of the third degree.	524

(E) Whoever violates section 4301.63 or division (B) of	525
section 4301.631 of the Revised Code shall be fined not less than	526
twenty-five nor more than one hundred dollars. The court imposing	527
a fine for a violation of section 4301.63 or division (B) of	528
section 4301.631 of the Revised Code may order that the fine be	529
paid by the performance of public work at a reasonable hourly rate	530
established by the court. The court shall designate the time	531
within which the public work shall be completed.	532

(F)(1) Whoever violates section 4301.634 of the Revised Code	533
is guilty of a misdemeanor of the first degree. If, in committing	534
a first violation of that section, the offender presented to the	535
permit holder or the permit holder's employee or agent a false,	536
fictitious, or altered identification card, a false or fictitious	537
driver's license purportedly issued by any state, or a driver's	538
license issued by any state that has been altered, the offender is	539
guilty of a misdemeanor of the first degree and shall be fined not	540
less than two hundred fifty and not more than one thousand	541
dollars, and may be sentenced to a term of imprisonment of not	542
more than six months.	543

(2) On a second violation in which, for the second time, the	544
offender presented to the permit holder or the permit holder's	545
employee or agent a false, fictitious, or altered identification	546
card, a false or fictitious driver's license purportedly issued by	547
any state, or a driver's license issued by any state that has been	548
altered, the offender is guilty of a misdemeanor of the first	549
degree and shall be fined not less than five hundred nor more than	550
one thousand dollars, and may be sentenced to a term of	551
imprisonment of not more than six months. The court also may	552
suspend the offender's driver's or commercial driver's license or	553
permit or nonresident operating privilege or deny the offender the	554
opportunity to be issued a driver's or commercial driver's license	555
for a period not exceeding sixty days.	556

(3) On a third or subsequent violation in which, for the	557
third or subsequent time, the offender presented to the permit	558
holder or the permit holder's employee or agent a false,	559
fictitious, or altered identification card, a false or fictitious	560
driver's license purportedly issued by any state, or a driver's	561
license issued by any state that has been altered, the offender is	562
guilty of a misdemeanor of the first degree and shall be fined not	563
less than five hundred nor more than one thousand dollars, and may	564
be sentenced to a term of imprisonment of not more than six	565
months. The court also shall suspend the offender's driver's or	566
commercial driver's license or permit or nonresident operating	567
privilege or deny the offender the opportunity to be issued a	568
driver's or commercial driver's license for a period of ninety	569
days, and the court may order that the suspension or denial remain	570
in effect until the offender attains the age of twenty-one years.	571
The court also may order the offender to perform a determinate	572
number of hours of community service, with the court determining	573
the actual number of hours and the nature of the community service	574
the offender shall perform.	575

(G) Whoever violates section 4301.636 of the Revised Code is	576
guilty of a felony of the fifth degree.	577

(H) Whoever violates division (A)(1) of section 4301.22 of	578
the Revised Code is guilty of a misdemeanor, shall be fined not	579
less than five hundred and not more than one thousand dollars,	580
and, in addition to the fine, may be imprisoned for a definite	581
term of not more than sixty days.	582

(I) Whoever violates division (A) of section 4301.69 or	583
division (H) of section 4301.691 of the Revised Code is guilty of	584
a misdemeanor, shall be fined not less than five hundred and not	585
more than one thousand dollars, and, in addition to the fine, may	586
be imprisoned for a definite term of not more than six months.	587

Section 2. That existing sections 2151.358, 2953.52, 2953.53,	588
4301.638, 4301.69, and 4301.99 and section 4301.632 of the Revised	589
Code are hereby repealed.	590

Section 3. That the version of section 2151.358 of the	591
Revised Code that is scheduled to take effect on January 1, 2002,	592
be amended to read as follows:	593

Sec. 2151.358.  (A) As used in this section, "seal a record"	594
means to remove a record from the main file of similar records and	595
to secure it in a separate file that contains only sealed records	596
and that is accessible only to the juvenile court. A record that	597
is sealed shall be destroyed by all persons and governmental	598
bodies except the juvenile court.	599

(B) The department of youth services and any other	600
institution or facility that unconditionally discharges a person	601
who has been adjudicated a delinquent child, an unruly child, or a	602
juvenile traffic offender shall immediately give notice of the	603
discharge to the court that committed the person. The court shall	604
note the date of discharge on a separate record of discharges of	605
those natures.	606

(C)(1)(a) Two years after the termination of any order made	607
by the court or two years after the unconditional discharge of a	608
person from the department of youth services or another	609
institution or facility to which the person may have been	610
committed, the court that issued the order or committed the person	611
shall do whichever of the following is applicable:	612

(i) If the person was adjudicated an unruly child, order the	613
record of the person sealed;	614

(ii) If the person was adjudicated a delinquent child for	615
committing an act other than a violation of section 2903.01,	616
2903.02, 2907.02, 2907.03, or 2907.05 of the Revised Code or was	617
adjudicated a juvenile traffic offender, either order the record	618
of the person sealed or send the person notice of the person's	619
right to have that record sealed.	620

(b) Division (C)(1)(a) of this section does not apply	621
regarding a person who was adjudicated a delinquent child for	622
committing a violation of section 2903.01, 2903.02, 2907.02,	623
2907.03, or 2907.05 of the Revised Code.	624

(2) The court shall send the notice described in division	625
(C)(1)(a)(ii) of this section within ninety days after the	626
expiration of the two-year period described in division (C)(1)(a)	627
of this section by certified mail, return receipt requested, to	628
the person's last known address. The notice shall state that the	629
person may apply to the court for an order to seal the person's	630
record, explain what sealing a record means, and explain the	631
possible consequences of not having the person's record sealed.	632

(D)(1) At any time after the two-year period described in	633
division (C)(1)(a) of this section has elapsed, any person who has	634
been adjudicated a delinquent child for committing an act other	635
than a violation of section 2903.01, 2903.02, 2907.02, 2907.03, or	636
2907.05 of the Revised Code or who has been adjudicated a juvenile	637
traffic offender may apply to the court for an order to seal the	638
person's record. The court shall hold a hearing on each	639
application within sixty days after the application is received.	640
Notice of the hearing on the application shall be given to the	641
prosecuting attorney and to any other public office or agency	642
known to have a record of the prior adjudication. If the court	643
finds that the rehabilitation of the person who was adjudicated a	644
delinquent child or a juvenile traffic offender has been attained	645
to a satisfactory degree, the court may order the record of the	646
person sealed.	647

(2) Division (D)(1) of this section does not apply regarding	648
a person who was adjudicated a delinquent child for committing a	649
violation of section 2903.01, 2903.02, 2907.02, 2907.03, or	650
2907.05 of the Revised Code.	651

(3) If a child who was charged with violating division	652
(E)(1) of section 4301.69 of the Revised Code successfully	653
completes a diversion program under division (E)(2)(a) of section	654
4301.69 of the Revised Code with respect to that charge, the court	655
shall order the person's record in that case sealed.	656

(E)(1) If the court orders the adjudication record or other	657
record of a person sealed pursuant to division (C) or (D) of this	658
section, the court, except as provided in division (K) of this	659
section, shall order that the proceedings in the case in which the	660
person was adjudicated a juvenile traffic offender, a delinquent	661
child, or an unruly child, or in which the person was the subject	662
of a complaint alleging the person to have violated division	663
(E)(1) of section 4301.69 of the Revised Code, be deemed never to	664
have occurred. Except as provided in division (G)(2) of this	665
section, all index references to the case and the person shall be	666
deleted, and the person and the court properly may reply that no	667
record exists with respect to the person upon any inquiry in the	668
matter.	669

(2) Inspection of records that have been ordered sealed	670
under division (E)(1) of this section may be made only by the	671
following persons or for the following purposes:	672

(a) If the records in question pertain to an act that would	673
be an offense of violence that would be a felony if committed by	674
an adult, by any law enforcement officer or any prosecutor, or the	675
assistants of a law enforcement officer or prosecutor, for any	676
valid law enforcement or prosecutorial purpose;	677

(b) Upon application by the person who is the subject of the	678
sealed records, by the persons that are named in that application;	679

(c) If the records in question pertain to an alleged	680
violation of division (E)(1) of section 4301.69 of the Revised	681
Code, by any law enforcement officer or any prosecutor, or the	682
assistants of a law enforcement officer or prosecutor, for the	683
purpose of determining whether the person is eligible for	684
diversion under division (E)(2) of section 4301.69 of the Revised	685
Code.	686

(F) Any person who has been arrested and charged with being	687
a delinquent child or a juvenile traffic offender and who is	688
adjudicated not guilty of the charges in the case or has the	689
charges in the case dismissed may apply to the court for an	690
expungement of the record in the case. The application may be	691
filed at any time after the person is adjudicated not guilty or	692
the charges against the person are dismissed. The court shall	693
give notice to the prosecuting attorney of any hearing on the	694
application. The court may initiate the expungement proceedings	695
on its own motion.	696

Any person who has been arrested and charged with being an	697
unruly child and who is adjudicated not guilty of the charges in	698
the case or has the charges in the case dismissed may apply to the	699
court for an expungement of the record in the case. The court	700
shall initiate the expungement proceedings on its own motion if an	701
application for expungement is not filed.	702

If the court upon receipt of an application for expungement	703
or upon its own motion determines that the charges against any	704
person in any case were dismissed or that any person was	705
adjudicated not guilty in any case, the court shall order that the	706
records of the case be expunged and that the proceedings in the	707
case be deemed never to have occurred. If the applicant for the	708
expungement order, with the written consent of the applicant's	709
parents or guardian if the applicant is a minor and with the	710
written approval of the court, waives in writing the applicant's	711
right to bring any civil action based on the arrest for which the	712
expungement order is applied, the court shall order the	713
appropriate persons and governmental agencies to delete all index	714
references to the case; destroy or delete all court records of the	715
case; destroy all copies of any pictures and fingerprints taken of	716
the person pursuant to the expunged arrest; and destroy, erase, or	717
delete any reference to the arrest that is maintained by the state	718
or any political subdivision of the state, except a record of the	719
arrest that is maintained for compiling statistical data and that	720
does not contain any reference to the person.	721

If the applicant for an expungement order does not waive in	722
writing the right to bring any civil action based on the arrest	723
for which the expungement order is applied, the court, in addition	724
to ordering the deletion, destruction, or erasure of all index	725
references and court records of the case and of all references to	726
the arrest that are maintained by the state or any political	727
subdivision of the state, shall order that a copy of all records	728
of the case, except fingerprints held by the court or a law	729
enforcement agency, be delivered to the court. The court shall	730
seal all of the records delivered to the court in a separate file	731
in which only sealed records are maintained. The sealed records	732
shall be kept by the court until the statute of limitations	733
expires for any civil action based on the arrest, any pending	734
litigation based on the arrest is terminated, or the applicant	735
files a written waiver of the right to bring a civil action based	736
on the arrest. After the expiration of the statute of	737
limitations, the termination of the pending litigation, or the	738
filing of the waiver, the court shall destroy the sealed records.	739

After the expungement order has been issued, the court shall,	740
and the person may properly, reply that no record of the case with	741
respect to the person exists.	742

(G)(1) The court shall send notice of the order to expunge	743
or seal to any public office or agency that the court has reason	744
to believe may have a record of the expunged or sealed record.	745
Except as provided in division (K) of this section, an order to	746
seal or expunge under this section applies to every public office	747
or agency that has a record of the prior adjudication or arrest,	748
regardless of whether it receives notice of the hearing on the	749
expungement or sealing of the record or a copy of the order to	750
expunge or seal the record. Except as provided in division (K) of	751
this section, upon the written request of a person whose record	752
has been expunged and the presentation of a copy of the order to	753
expunge, a public office or agency shall destroy its record of the	754
prior adjudication or arrest, except a record of the adjudication	755
or arrest that is maintained for compiling statistical data and	756
that does not contain any reference to the person who is the	757
subject of the order to expunge.	758

(2) The person, or the public office or agency, that	759
maintains sealed records pertaining to an adjudication of a child	760
as a delinquent child may maintain a manual or computerized index	761
to the sealed records. The index shall contain only the name of,	762
and alphanumeric identifiers that relate to, the persons who are	763
the subject of the sealed records, the word "sealed," and the name	764
of the person, or the public office or agency that has custody of	765
the sealed records and shall not contain the name of the	766
delinquent act committed. The person who has custody of the	767
sealed records shall make the index available only for the	768
purposes set forth in divisions (E)(2) and (H) of this section.	769

(H) The judgment rendered by the court under this chapter	770
shall not impose any of the civil disabilities ordinarily imposed	771
by conviction of a crime in that the child is not a criminal by	772
reason of the adjudication and no child shall be charged with or	773
convicted of a crime in any court except as provided by this	774
chapter. The disposition of a child under the judgment rendered	775
or any evidence given in court shall not operate to disqualify a	776
child in any future civil service examination, appointment, or	777
application. Evidence of a judgment rendered and the disposition	778
of a child under the judgment is not admissible to impeach the	779
credibility of the child in any action or proceeding. Otherwise,	780
the disposition of a child under the judgment rendered or any	781
evidence given in court is admissible as evidence for or against	782
the child in any action or proceeding in any court in accordance	783
with the Rules of Evidence and also may be considered by any court	784
as to the matter of sentence or to the granting of probation, and	785
a court may consider the judgment rendered and the disposition of	786
a child under that judgment for purposes of determining whether	787
the child, for a future criminal conviction or guilty plea, is a	788
repeat violent offender, as defined in section 2929.01 of the	789
Revised Code.	790

(I) In any application for employment, license, or other	791
right or privilege, any appearance as a witness, or any other	792
inquiry, a person may not be questioned with respect to any arrest	793
for which the records were expunged. If an inquiry is made in	794
violation of this division, the person may respond as if the	795
expunged arrest did not occur, and the person shall not be subject	796
to any adverse action because of the arrest or the response.	797

(J) An officer or employee of the state or any of its	798
political subdivisions who knowingly releases, disseminates, or	799
makes available for any purpose involving employment, bonding,	800
licensing, or education to any person or to any department,	801
agency, or other instrumentality of the state or of any of its	802
political subdivisions any information or other data concerning	803
any arrest, complaint, indictment, information, trial, hearing,	804
adjudication, or correctional supervision, the records of which	805
have been expunged or sealed pursuant to this section and the	806
release, dissemination, or making available of which is not	807
expressly permitted by this section, is guilty of divulging	808
confidential information, a misdemeanor of the fourth degree.	809

(K) Notwithstanding any provision of this section that	810
requires otherwise, a board of education of a city, local,	811
exempted village, or joint vocational school district that	812
maintains records of an individual who has been permanently	813
excluded under sections 3301.121 and 3313.662 of the Revised Code	814
is permitted to maintain records regarding an adjudication that	815
the individual is a delinquent child that was used as the basis	816
for the individual's permanent exclusion, regardless of a court	817
order to seal the record. An order issued under this section to	818
seal the record of an adjudication that an individual is a	819
delinquent child does not revoke the adjudication order of the	820
superintendent of public instruction to permanently exclude the	821
individual who is the subject of the sealing order. An order	822
issued under this section to seal the record of an adjudication	823
that an individual is a delinquent child may be presented to a	824
district superintendent as evidence to support the contention that	825
the superintendent should recommend that the permanent exclusion	826
of the individual who is the subject of the sealing order be	827
revoked. Except as otherwise authorized by this division and	828
sections 3301.121 and 3313.662 of the Revised Code, any school	829
employee in possession of or having access to the sealed	830
adjudication records of an individual that were the basis of a	831
permanent exclusion of the individual is subject to division (J)	832
of this section.	833

Section 4. That the existing version of section 2151.358 of	834
the Revised Code that is scheduled to take effect January 1, 2002,	835
is hereby repealed.	836

Section 5. Sections 3 and 4 of this act shall take effect	837
January 1, 2002.	838