H. B. No. 137 As Introduced

Representatives Gilb, Willamowski, Latta, Wagoner, McGregor, Fessler

A BILL

To amend sections 2151.313, 2151.358, and 4301.69 of 1
the Revised Code to revise the procedure by which 2
a juvenile court may seal records of alleged and 3
adjudicated delinquent and unruly children and 4
adjudicated juvenile traffic offenders. 5

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

       Section 1. That sections 2151.313, 2151.358, and 4301.69 of 6
the Revised Code be amended to read as follows: 7

       Sec. 2151.313. (A)(1) Except as provided in division (A)(2) 8
of this section and in sections 109.57, 109.60, and 109.61 of the 9
Revised Code, no child shall be fingerprinted or photographed in 10
the investigation of any violation of law without the consent of 11
the juvenile judge. 12

       (2) Subject to division (A)(3) of this section, a law 13
enforcement officer may fingerprint and photograph a child without 14
the consent of the juvenile judge when the child is arrested or 15
otherwise taken into custody for the commission of an act that 16
would be an offense, other than a traffic offense or a minor 17
misdemeanor, if committed by an adult, and there is probable cause 18
to believe that the child may have been involved in the commission 19
of the act. A law enforcement officer who takes fingerprints or 20
photographs of a child under division (A)(2) of this section 21
immediately shall inform the juvenile court that the fingerprints 22
or photographs were taken and shall provide the court with the 23
identity of the child, the number of fingerprints and photographs 24
taken, and the name and address of each person who has custody and 25
control of the fingerprints or photographs or copies of the 26
fingerprints or photographs. 27

       (3) This section does not apply to a child to whom either of 28
the following applies: 29

       (a) The child has been arrested or otherwise taken into 30
custody for committing, or has been adjudicated a delinquent child 31
for committing, an act that would be a felony if committed by an 32
adult or has been convicted of or pleaded guilty to committing a 33
felony. 34

       (b) There is probable cause to believe that the child may 35
have committed an act that would be a felony if committed by an 36
adult. 37

       (B)(1) Subject to divisions (B)(4), (5), and (6) of this 38
section, all fingerprints and photographs of a child obtained or 39
taken under division (A)(1) or (2) of this section, and any 40
records of the arrest or custody of the child that was the basis 41
for the taking of the fingerprints or photographs, initially may 42
be retained only until the expiration of thirty days after the 43
date taken, except that the court may limit the initial retention 44
of fingerprints and photographs of a child obtained under division 45
(A)(1) of this section to a shorter period of time and except 46
that, if the child is adjudicated a delinquent child for the 47
commission of an act described in division (B)(3) of this section 48
or is convicted of or pleads guilty to a criminal offense for the 49
commission of an act described in division (B)(3) of this section, 50
the fingerprints and photographs, and the records of the arrest or 51
custody of the child that was the basis for the taking of the 52
fingerprints and photographs, shall be retained in accordance with 53
division (B)(3) of this section. During the initial period of 54
retention, the fingerprints and photographs of a child, copies of 55
the fingerprints and photographs, and records of the arrest or 56
custody of the child shall be used or released only in accordance 57
with division (C) of this section. At the expiration of the 58
initial period for which fingerprints and photographs of a child, 59
copies of fingerprints and photographs of a child, and records of 60
the arrest or custody of a child may be retained under this 61
division, if no complaint, indictment, or information is pending 62
against the child in relation to the act for which the 63
fingerprints and photographs originally were obtained or taken and 64
if the child has neither been adjudicated a delinquent child for 65
the commission of that act nor been convicted of or pleaded guilty 66
to a criminal offense based on that act subsequent to a transfer 67
of the child's case for criminal prosecution pursuant to section 68
2152.12 of the Revised Code, the fingerprints and photographs of 69
the child, all copies of the fingerprints and photographs, and all 70
records of the arrest or custody of the child that was the basis 71
of the taking of the fingerprints and photographs shall be removed 72
from the file and delivered to the juvenile court. 73

       (2) If, at the expiration of the initial period of retention 74
set forth in division (B)(1) of this section, a complaint, 75
indictment, or information is pending ~~agaist~~against the child in 76
relation to the act for which the fingerprints and photographs 77
originally were obtained or the child either has been adjudicated 78
a delinquent child for the commission of an act other than an act 79
described in division (B)(3) of this section or has been convicted 80
of or pleaded guilty to a criminal offense for the commission of 81
an act other than an act described in division (B)(3) of this 82
section subsequent to transfer of the child's case, the 83
fingerprints and photographs of the child, copies of the 84
fingerprints and photographs, and the records of the arrest or 85
custody of the child that was the basis of the taking of the 86
fingerprints and photographs may further be retained, subject to 87
division (B)(4) of this section, until the earlier of the 88
expiration of two years after the date on which the fingerprints 89
or photographs were taken or the child attains eighteen years of 90
age, except that, if the child is adjudicated a delinquent child 91
for the commission of an act described in division (B)(3) of this 92
section or is convicted of or pleads guilty to a criminal offense 93
for the commission of an act described in division (B)(3) of this 94
section, the fingerprints and photographs, and the records of the 95
arrest or custody of the child that was the basis for the taking 96
of the fingerprints and photographs, shall be retained in 97
accordance with division (B)(3) of this section. 98

       Except as otherwise provided in division (B)(3) of this 99
section, during this additional period of retention, the 100
fingerprints and photographs of a child, copies of the 101
fingerprints and photographs of a child, and records of the arrest 102
or custody of a child shall be used or released only in accordance 103
with division (C) of this section. At the expiration of the 104
additional period, if no complaint, indictment, or information is 105
pending against the child in relation to the act for which the 106
fingerprints originally were obtained or taken or in relation to 107
another act for which the fingerprints were used as authorized by 108
division (C) of this section and that would be a felony if 109
committed by an adult, the fingerprints of the child, all copies 110
of the fingerprints, and all records of the arrest or custody of 111
the child that was the basis of the taking of the fingerprints 112
shall be removed from the file and delivered to the juvenile 113
court, and, if no complaint, indictment, or information is pending 114
against the child concerning the act for which the photographs 115
originally were obtained or taken or concerning an act that would 116
be a felony if committed by an adult, the photographs and all 117
copies of the photographs, and, if no fingerprints were taken at 118
the time the photographs were taken, all records of the arrest or 119
custody that was the basis of the taking of the photographs shall 120
be removed from the file and delivered to the juvenile court. In 121
either case, if, at the expiration of the applicable additional 122
period, such a complaint, indictment, or information is pending 123
against the child, the photographs and copies of the photographs 124
of the child, or the fingerprints and copies of the fingerprints 125
of the child, whichever is applicable, and the records of the 126
arrest or custody of the child may be retained, subject to 127
division (B)(4) of this section, until final disposition of the 128
complaint, indictment, or information, and, upon final disposition 129
of the complaint, indictment, or information, they shall be 130
removed from the file and delivered to the juvenile court, except 131
that, if the child is adjudicated a delinquent child for the 132
commission of an act described in division (B)(3) of this section 133
or is convicted of or pleads guilty to a criminal offense for the 134
commission of an act described in division (B)(3) of this section, 135
the fingerprints and photographs, and the records of the arrest or 136
custody of the child that was the basis for the taking of the 137
fingerprints and photographs, shall be retained in accordance with 138
division (B)(3) of this section. 139

       (3) If a child is adjudicated a delinquent child for 140
violating section 2923.42 of the Revised Code or for committing an 141
act that would be a misdemeanor offense of violence if committed 142
by an adult, or is convicted of or pleads guilty to a violation of 143
section 2923.42 of the Revised Code, a misdemeanor offense of 144
violence, or a violation of an existing or former municipal 145
ordinance or law of this state, another state, or the United 146
States that is substantially equivalent to section 2923.42 of the 147
Revised Code or any misdemeanor offense of violence, both of the 148
following apply: 149

       (a) Originals and copies of fingerprints and photographs of 150
the child obtained or taken under division (A)(1) of this section, 151
and any records of the arrest or custody that was the basis for 152
the taking of the fingerprints or photographs, may be retained for 153
the period of time specified by the juvenile judge in that judge's 154
grant of consent for the taking of the fingerprints or 155
photographs. Upon the expiration of the specified period, all 156
originals and copies of the fingerprints, photographs, and records 157
shall be delivered to the juvenile court or otherwise disposed of 158
in accordance with any instructions specified by the juvenile 159
judge in that judge's grant of consent. During the period of 160
retention of the photographs and records, all originals and copies 161
of them shall be retained in a file separate and apart from all 162
photographs taken of adults. During the period of retention of the 163
fingerprints, all originals and copies of them may be maintained 164
in the files of fingerprints taken of adults. If the juvenile 165
judge who grants consent for the taking of fingerprints and 166
photographs under division (A)(1) of this section does not specify 167
a period of retention in that judge's grant of consent, originals 168
and copies of the fingerprints, photographs, and records may be 169
retained in accordance with this section as if the fingerprints 170
and photographs had been taken under division (A)(2) of this 171
section. 172

       (b) Originals and copies of fingerprints and photographs 173
taken under division (A)(2) of this section, and any records of 174
the arrest or custody that was the basis for the taking of the 175
fingerprints or photographs, may be retained for the period of 176
time and in the manner specified in division (B)(3)(b) of this 177
section. Prior to the child's attainment of eighteen years of age, 178
all originals and copies of the photographs and records shall be 179
retained and shall be kept in a file separate and apart from all 180
photographs taken of adults. During the period of retention of the 181
fingerprints, all originals and copies of them may be maintained 182
in the files of fingerprints taken of adults. Upon the child's 183
attainment of eighteen years of age, all originals and copies of 184
the fingerprints, photographs, and records shall be disposed of as 185
follows: 186

       (i) If the juvenile judge issues or previously has issued an 187
order that specifies a manner of disposition of the originals and 188
copies of the fingerprints, photographs, and records, they shall 189
be delivered to the juvenile court or otherwise disposed of in 190
accordance with the order. 191

       (ii) If the juvenile judge does not issue and has not 192
previously issued an order that specifies a manner of disposition 193
of the originals and copies of the fingerprints not maintained in 194
adult files, photographs, and records, the law enforcement agency, 195
in its discretion, either shall remove all originals and copies of 196
them from the file in which they had been maintained and transfer 197
them to the files that are used for the retention of fingerprints 198
and photographs taken of adults who are arrested for, otherwise 199
taken into custody for, or under investigation for the commission 200
of a criminal offense or shall remove them from the file in which 201
they had been maintained and deliver them to the juvenile court. 202
If the originals and copies of any fingerprints of a child who 203
attains eighteen years of age are maintained in the files of 204
fingerprints taken of adults or if pursuant to division 205
(B)(3)(b)(ii) of this section the agency transfers the originals 206
and copies of any fingerprints not maintained in adult files, 207
photographs, or records to the files that are used for the 208
retention of fingerprints and photographs taken of adults who are 209
arrested for, otherwise taken into custody for, or under 210
investigation for the commission of a criminal offense, the 211
originals and copies of the fingerprints, photographs, and records 212
may be maintained, used, and released after they are maintained in 213
the adult files or after the transfer as if the fingerprints and 214
photographs had been taken of, and as if the records pertained to, 215
an adult who was arrested for, otherwise taken into custody for, 216
or under investigation for the commission of a criminal offense. 217

       (4) If a sealing ~~or expungement~~ order issued under section 218
2151.358 of the Revised Code requires the sealing or destruction 219
of any fingerprints or photographs of a child obtained or taken 220
under division (A)(1) or (2) of this section or of the records of 221
an arrest or custody of a child that was the basis of the taking 222
of the fingerprints or photographs prior to the expiration of any 223
period for which they otherwise could be retained under division 224
(B)(1), (2), or (3) of this section, the fingerprints, 225
photographs, and arrest or custody records that are subject to the 226
order and all copies of the fingerprints, photographs, and arrest 227
or custody records shall be sealed or destroyed in accordance with 228
the order. 229

       (5) All fingerprints of a child, photographs of a child, 230
records of an arrest or custody of a child, and copies delivered 231
to a juvenile court in accordance with division (B)(1), (2), or 232
(3) of this section shall be destroyed by the court, provided 233
that, if a complaint is filed against the child in relation to any 234
act to which the records pertain, the court shall maintain all 235
records of an arrest or custody of a child so delivered for at 236
least three years after the final disposition of the case or after 237
the case becomes inactive. 238

       (6)(a) All photographs of a child and records of an arrest or 239
custody of a child retained pursuant to division (B) of this 240
section and not delivered to a juvenile court shall be kept in a 241
file separate and apart from fingerprints, photographs, and 242
records of an arrest or custody of an adult. All fingerprints of a 243
child retained pursuant to division (B) of this section and not 244
delivered to a juvenile court may be maintained in the files of 245
fingerprints taken of adults. 246

       (b) If a child who is the subject of photographs or 247
fingerprints is adjudicated a delinquent child for the commission 248
of an act that would be an offense, other than a traffic offense 249
or a minor misdemeanor, if committed by an adult or is convicted 250
of or pleads guilty to a criminal offense, other than a traffic 251
offense or a minor misdemeanor, all fingerprints not maintained in 252
the files of fingerprints taken of adults and all photographs of 253
the child, and all records of the arrest or custody of the child 254
that is the basis of the taking of the fingerprints or 255
photographs, that are retained pursuant to division (B) of this 256
section and not delivered to a juvenile court shall be kept in a 257
file separate and apart from fingerprints, photographs, and arrest 258
and custody records of children who have not been adjudicated a 259
delinquent child for the commission of an act that would be an 260
offense, other than a traffic offense or a minor misdemeanor, if 261
committed by an adult and have not been convicted of or pleaded 262
guilty to a criminal offense other than a traffic offense or a 263
minor misdemeanor. 264

       (C) Until they are delivered to the juvenile court or sealed, 265
transferred in accordance with division (B)(3)(b) of this section, 266
or destroyed pursuant to a sealing ~~or expungement~~ order, the 267
originals and copies of fingerprints and photographs of a child 268
that are obtained or taken pursuant to division (A)(1) or (2) of 269
this section, and the records of the arrest or custody of the 270
child that was the basis of the taking of the fingerprints or 271
photographs, shall be used or released only as follows: 272

       (1) During the initial thirty-day period of retention, 273
originals and copies of fingerprints and photographs of a child, 274
and records of the arrest or custody of a child, shall be used, 275
prior to the filing of a complaint or information against or the 276
obtaining of an indictment of the child in relation to the act for 277
which the fingerprints and photographs were originally obtained or 278
taken, only for the investigation of that act and shall be 279
released, prior to the filing of the complaint, only to a court 280
that would have jurisdiction of the child's case under this 281
chapter. Subsequent to the filing of a complaint or information or 282
the obtaining of an indictment, originals and copies of 283
fingerprints and photographs of a child, and records of the arrest 284
or custody of a child, shall be used or released during the 285
initial thirty-day period of retention only as provided in 286
division (C)(2)(a), (b), or (c) of this section. 287

       (2) Originals and copies of fingerprints and photographs of a 288
child, and records of the arrest or custody of a child, that are 289
retained beyond the initial thirty-day period of retention 290
subsequent to the filing of a complaint or information or the 291
obtaining of an indictment, a delinquent child adjudication, or a 292
conviction of or guilty plea to a criminal offense shall be used 293
or released only as follows: 294

       (a) Originals and copies of photographs of a child, and, if 295
no fingerprints were taken at the time the photographs were taken, 296
records of the arrest or custody of the child that was the basis 297
of the taking of the photographs, may be used only as follows: 298

       (i) They may be used for the investigation of the act for 299
which they originally were obtained or taken; if the child who is 300
the subject of the photographs is a suspect in the investigation, 301
for the investigation of any act that would be an offense if 302
committed by an adult; and for arresting or bringing the child 303
into custody. 304

       (ii) If the child who is the subject of the photographs is 305
adjudicated a delinquent child for the commission of an act that 306
would be a felony if committed by an adult or is convicted of or 307
pleads guilty to a criminal offense that is a felony as a result 308
of the arrest or custody that was the basis of the taking of the 309
photographs, a law enforcement officer may use the photographs for 310
a photo line-up conducted as part of the investigation of any act 311
that would be a felony if committed by an adult, whether or not 312
the child who is the subject of the photographs is a suspect in 313
the investigation. 314

       (b) Originals and copies of fingerprints of a child, and 315
records of the arrest or custody of the child that was the basis 316
of the taking of the fingerprints, may be used only for the 317
investigation of the act for which they originally were obtained 318
or taken; if a child is a suspect in the investigation, for the 319
investigation of another act that would be an offense if committed 320
by an adult; and for arresting or bringing the child into custody. 321

       (c) Originals and copies of fingerprints, photographs, and 322
records of the arrest or custody that was the basis of the taking 323
of the fingerprints or photographs shall be released only to the 324
following: 325

       (i) Law enforcement officers of this state or a political 326
subdivision of this state, upon notification to the juvenile court 327
of the name and address of the law enforcement officer or agency 328
to whom or to which they will be released; 329

       (ii) A court that has jurisdiction of the child's case under 330
Chapters 2151. and 2152. of the Revised Code or subsequent to a 331
transfer of the child's case for criminal prosecution pursuant to 332
section 2152.12 of the Revised Code. 333

       (D) No person shall knowingly do any of the following: 334

       (1) Fingerprint or photograph a child in the investigation of 335
any violation of law other than as provided in division (A)(1) or 336
(2) of this section or in sections 109.57, 109.60, and 109.61 of 337
the Revised Code; 338

       (2) Retain fingerprints or photographs of a child obtained or 339
taken under division (A)(1) or (2) of this section, copies of 340
fingerprints or photographs of that nature, or records of the 341
arrest or custody that was the basis of the taking of fingerprints 342
or photographs of that nature other than in accordance with 343
division (B) of this section; 344

       (3) Use or release fingerprints or photographs of a child 345
obtained or taken under division (A)(1) or (2) of this section, 346
copies of fingerprints or photographs of that nature, or records 347
of the arrest or custody that was the basis of the taking of 348
fingerprints or photographs of that nature other than in 349
accordance with division (B) or (C) of this section. 350

       Sec. 2151.358. (A) As used in this section, "seal a record" 351
means to remove a record from the main file of similar records and 352
to secure it in a separate file that contains only sealed records 353
and that is accessible only to the juvenile court. A record that 354
is sealed shall be destroyed by all persons and governmental 355
bodies except the juvenile court. 356

       (B) A juvenile court may order records pertaining to a 357
juvenile to be sealed under the conditions and in the manner set 358
out in this section. 359

       (C) The department of youth services and any other 360
institution or facility that unconditionally discharges a person 361
who has been adjudicated a delinquent child, an unruly child, or a 362
juvenile traffic offender shall immediately give notice of the 363
discharge to the court that committed the person. The court shall 364
note the date of discharge on a separate record of discharges of 365
those natures. 366

       ~~(C)(1)(a) Two years after the termination of any order made~~ 367
~~by the court or two years after the unconditional discharge of a~~ 368
~~person from the department of youth services or another~~ 369
~~institution or facility to which the person may have been~~ 370
~~committed, the court that issued the order or committed the person~~ 371
~~shall do whichever of the following is applicable:~~ 372

       ~~(i) If the person was adjudicated an unruly child, order the~~ 373
~~record of the person sealed;~~ 374

       ~~(ii) If the person was adjudicated a delinquent child for~~ 375
~~committing an act other than a violation of section 2903.01,~~ 376
~~2903.02, 2907.02, 2907.03, or 2907.05 of the Revised Code or was~~ 377
~~adjudicated a juvenile traffic offender, either order the record~~ 378
~~of the person sealed or send the person notice of the person's~~ 379
~~right to have that record sealed.~~ 380

       ~~(b) Division (C)(1)(a) of this section does not apply~~ 381
~~regarding a person who was adjudicated a delinquent child for~~ 382
~~committing a violation of section 2903.01, 2903.02, 2907.02,~~ 383
~~2907.03, or 2907.05 of the Revised Code.~~ 384

       ~~(2) The court shall send the notice described in division~~ 385
~~(C)(1)(a)(ii) of this section within ninety days after the~~ 386
~~expiration of the two-year period described in division (C)(1)(a)~~ 387
~~of this section by certified mail, return receipt requested, to~~ 388
~~the person's last known address. The notice shall state that the~~ 389
~~person may apply to the court for an order to seal the person's~~ 390
~~record, explain what sealing a record means, and explain the~~ 391
~~possible consequences of not having the person's record sealed.~~ 392

       ~~(D)(1) At any time after the two-year period described in~~ 393
~~division (C)(1)(a) of this section has elapsed, any person who has~~ 394
~~been adjudicated a delinquent child for committing an act other~~ 395
~~than a violation of section 2903.01, 2903.02, 2907.02, 2907.03, or~~ 396
~~2907.05 of the Revised Code or who has been adjudicated a juvenile~~ 397
~~traffic offender may apply to the court for an order to seal the~~ 398
~~person's record. The court shall hold a hearing on each~~ 399
~~application within sixty days after the application is received.~~ 400
~~Notice of the hearing on the application shall be given to the~~ 401
~~prosecuting attorney and to any other public office or agency~~ 402
~~known to have a record of the prior adjudication. If the court~~ 403
~~finds that the rehabilitation of the person who was adjudicated a~~ 404
~~delinquent child or a juvenile traffic offender has been attained~~ 405
~~to a satisfactory degree, the court may order the record of the~~ 406
~~person sealed.~~ 407

       ~~(2) Division (D)(1) of this section does not apply regarding~~ 408
~~a person who was adjudicated a delinquent child for committing a~~ 409
~~violation of section 2903.01, 2903.02, 2907.02, 2907.03, or~~ 410
~~2907.05 of the Revised Code.~~ 411

       ~~(3) If a child~~(D) A juvenile court shall consider the 412
sealing of records pertaining to a juvenile in any of the 413
following circumstances: 414

       (1) Upon the court's own motion or upon the application of a 415
person if a complaint was filed against the person alleging that 416
the person was a delinquent child or an unruly child and the court 417
dismisses the complaint or finds the person not to be a delinquent 418
child or an unruly child. The motion or application may be filed 419
immediately or at anytime after the dismissal or finding. 420

       (2) Upon the court's own motion or upon the application of a 421
person if the person was arrested or taken into custody for 422
allegedly committing a delinquent act or unruly act but was not 423
brought before or referred to the court for the commission of the 424
act and if no complaint was filed against the person with respect 425
to the commission of the act pursuant to section 2151.27 of the 426
Revised Code. The motion or application may be filed if at least 427
two years have elapsed after the final resolution of the matter 428
for which the person was arrested or taken into custody and if, at 429
the time of the motion or application, the person is not under the 430
jurisdiction of the court in relation to a complaint alleging the 431
person to be a delinquent child. 432

       (3) Upon the court's own motion or upon the application of a 433
person if the person was brought before or referred to the court 434
for allegedly committing a delinquent or unruly act and if the 435
case was resolved without the filing of a complaint against the 436
person with respect to that act pursuant to section 2151.27 of the 437
Revised Code. The motion or application may be filed if at least 438
two years have elapsed after the final resolution of the matter 439
for which the person was brought before or referred to the court 440
and if, at the time of the motion or application, the person is 441
not under the jurisdiction of the court in relation to a complaint 442
alleging the person to be a delinquent child. 443

       (4) Upon the court's own motion or upon the application of a 444
person if the person has been adjudicated a delinquent child for 445
committing an act other than a violation of section 2903.01, 446
2903.02, 2907.02, 2907.03, or 2907.05 of the Revised Code, an 447
unruly child, or a juvenile traffic offender and if, at the time 448
of the motion or application, the person is not under the 449
jurisdiction of the court in relation to a complaint alleging the 450
person to be a delinquent child. The motion or application may be 451
made at any time after two years after the later of the following: 452

       (a) The termination of any order made by the court in 453
relation to the adjudication; 454

       (b) The unconditional discharge of the person from the 455
department of youth services with respect to a dispositional order 456
made in relation to the adjudication or from an institution or 457
facility to which the person was committed pursuant to a 458
dispositional order made in relation to the adjudication. 459

       (E) In making the determination whether to seal records 460
pertaining to a juvenile, all of the following apply: 461

       (1) The court may require a person filing an application 462
under division (D) of this section to submit any relevant 463
documentation to support the application. 464

       (2) The court may cause an investigation to be made to 465
determine if the person who is the subject of the proceedings has 466
been rehabilitated to a satisfactory degree. 467

       (3) The court shall promptly notify the prosecuting attorney 468
of any proceedings to seal records initiated pursuant to division 469
(D) of this section. 470

       (4)(a) The prosecuting attorney may file a response with the 471
court within thirty days of receiving notice of the sealing 472
proceedings. 473

       (b) If the prosecuting attorney does not file a response with 474
the court or if the prosecuting attorney files a response but 475
indicates that the prosecuting attorney does not object to the 476
sealing of the records, the court may order the records of the 477
person that are under consideration to be sealed without 478
conducting a hearing on the motion or application. If the court 479
decides in its discretion to conduct a hearing on the motion or 480
application, the court shall conduct the hearing within thirty 481
days after making that decision and shall give notice, by regular 482
mail, of the date, time, and location of the hearing to the 483
prosecuting attorney and to the person who is the subject of the 484
records under consideration. 485

       (c) If the prosecuting attorney files a response with the 486
court that indicates that the prosecuting attorney objects to the 487
sealing of the records, the court shall conduct a hearing on the 488
motion or application within thirty days after the court receives 489
the response. The court shall give notice, by regular mail, of the 490
date, time, and location of the hearing to the prosecuting 491
attorney and to the person who is the subject of the records under 492
consideration. 493

       (5) After conducting a hearing in accordance with division 494
(E)(4) of this section or after due consideration when a hearing 495
is not conducted, except as provided in division (E)(6) of this 496
section, the court may order the records of the person that are 497
the subject of the motion or application to be sealed if it finds 498
that the person has been rehabilitated to a satisfactory degree. 499
In determining whether the person has been rehabilitated to a 500
satisfactory degree, the court may consider all of the following: 501

       (a) The age of the person; 502

       (b) The nature of the case; 503

       (c) The cessation or continuation of delinquent, unruly, or 504
criminal behavior; 505

       (d) The education and employment history of the person; 506

       (e) Any other circumstances that may relate to the 507
rehabilitation of the person who is the subject of the records 508
under consideration. 509

       (6) If the motion or application pursuant to division (D) of 510
this section concerns a person who was charged with violating 511
division (E)(1) of section 4301.69 of the Revised Code and who has 512
successfully ~~completes~~completed a diversion program under 513
division (E)(2)(a) of section 4301.69 of the Revised Code with 514
respect to that charge, the court shall order the person's record 515
in that case sealed. 516

       (7) The court records of a case in which a person was 517
adjudicated a delinquent child for committing a violation of 518
section 2903.01, 2903.02, 2907.02, 2907.03, or 2907.05 of the 519
Revised Code shall not be sealed under this section. 520

       ~~(E)~~(F)(1) If the court orders the adjudication record or 521
other record of a person sealed pursuant to division ~~(C) or (D)~~(E) 522
of this section, the court, except as provided in division (K) of 523
this section, shall order that the proceedings in the case in 524
which the person was adjudicated a juvenile traffic offender, a 525
delinquent child, or an unruly child, or in which the person was 526
the subject of a complaint alleging the person to have violated 527
division (E)(1) of section 4301.69 of the Revised Code, be deemed 528
never to have occurred. Except as provided in division (G)~~(2)~~(3) 529
of this section, all index references to the case and the person 530
shall be deleted, and the person and the court properly may reply 531
that no record exists with respect to the person upon any inquiry 532
in the matter. 533

       (2) Inspection of records that have been ordered sealed under 534
division (E)~~(1)~~ of this section may be made only by the following 535
persons or for the following purposes: 536

       (a) If the records in question pertain to an act that would 537
be an offense of violence that would be a felony if committed by 538
an adult, by any law enforcement officer or any prosecutor, or the 539
assistants of a law enforcement officer or prosecutor, for any 540
valid law enforcement or prosecutorial purpose; 541

       (b) Upon application by the person who is the subject of the 542
sealed records, by the persons that are named in that application; 543

       (c) As may be required by federal law; 544

       (d) If the records in question pertain to an alleged 545
violation of division (E)(1) of section 4301.69 of the Revised 546
Code, by any law enforcement officer or any prosecutor, or the 547
assistants of a law enforcement officer or prosecutor, for the 548
purpose of determining whether the person is eligible for 549
diversion under division (E)(2) of section 4301.69 of the Revised 550
Code. 551

       (3) Records that have been ordered sealed under division (E) 552
of this section shall be available at the request of a defendant 553
in a civil action that is based on the arrest or taking into 554
custody that was the subject of the order to seal records. 555

        The defendant may inspect and copy the records as needed for 556
the civil action. The sealed records shall be used solely in the 557
civil action and are otherwise confidential and subject to the 558
provisions of this section. 559

       ~~(F) Any person who has been arrested and charged with being a~~ 560
~~delinquent child or a juvenile traffic offender and who is~~ 561
~~adjudicated not guilty of the charges in the case or has the~~ 562
~~charges in the case dismissed may apply to the court for an~~ 563
~~expungement of the record in the case. The application may be~~ 564
~~filed at any time after the person is adjudicated not guilty or~~ 565
~~the charges against the person are dismissed. The court shall give~~ 566
~~notice to the prosecuting attorney of any hearing on the~~ 567
~~application. The court may initiate the expungement proceedings on~~ 568
~~its own motion.~~ 569

       ~~Any person who has been arrested and charged with being an~~ 570
~~unruly child and who is adjudicated not guilty of the charges in~~ 571
~~the case or has the charges in the case dismissed may apply to the~~ 572
~~court for an expungement of the record in the case. The court~~ 573
~~shall initiate the expungement proceedings on its own motion if an~~ 574
~~application for expungement is not filed.~~ 575

       ~~If the court upon receipt of an application for expungement~~ 576
~~or upon its own motion determines that the charges against any~~ 577
~~person in any case were dismissed or that any person was~~ 578
~~adjudicated not guilty in any case, the court shall order that the~~ 579
~~records of the case be expunged and that the proceedings in the~~ 580
~~case be deemed never to have occurred. If the applicant for the~~ 581
~~expungement order, with the written consent of the applicant's~~ 582
~~parents or guardian if the applicant is a minor and with the~~ 583
~~written approval of the court, waives in writing the applicant's~~ 584
~~right to bring any civil action based on the arrest for which the~~ 585
~~expungement order is applied, the court shall order the~~ 586
~~appropriate persons and governmental agencies to delete all index~~ 587
~~references to the case; destroy or delete all court records of the~~ 588
~~case; destroy all copies of any pictures and fingerprints taken of~~ 589
~~the person pursuant to the expunged arrest; and destroy, erase, or~~ 590
~~delete any reference to the arrest that is maintained by the state~~ 591
~~or any political subdivision of the state, except a record of the~~ 592
~~arrest that is maintained for compiling statistical data and that~~ 593
~~does not contain any reference to the person.~~ 594

       ~~If the applicant for an expungement order does not waive in~~ 595
~~writing the right to bring any civil action based on the arrest~~ 596
~~for which the expungement order is applied, the court, in addition~~ 597
~~to ordering~~ 598

       (G)(1) After an order to seal records has been issued, the 599
court shall order the deletion, destruction, or erasure of all 600
index references and court records of the case that is the subject 601
of the order and of all references to the arrest that are 602
maintained by the state or any political subdivision of the state, 603
shall order that a copy of all records of the case, except 604
fingerprints held by the court or a law enforcement agency, be 605
delivered to the court. The court shall seal all of the records 606
delivered to the court in a separate file in which only sealed 607
records are maintained. The sealed records shall be kept by the 608
court until the ~~statute of limitations expires for any civil~~ 609
~~action based on the arrest, any pending litigation based on the~~ 610
~~arrest is terminated, or the applicant files a written waiver of~~ 611
~~the right to bring a civil action based on the arrest. After the~~ 612
~~expiration of the statute of limitations, the termination of the~~ 613
~~pending litigation, or the filing of the waiver,~~period for 614
maintaining juvenile court records under Rule 26.03 of the Rules 615
of Superintendence for the Courts of Ohio or any other applicable 616
statute or court rule elapses at which time the court shall 617
destroy the sealed records. 618

       After the ~~expungement~~ order to seal records has been issued, 619
the court shall, and the person may properly, reply that no record 620
of the case with respect to the person exists. 621

       ~~(G)(1)~~(2) The court shall send notice of the order to ~~expunge~~ 622
or seal to any public office or agency that the court has reason 623
to believe may have a record of the ~~expunged or~~ sealed record. 624
Except as provided in division (K) of this section, an order to 625
seal ~~or expunge~~ under this section applies to every public office 626
or agency that has a record of the prior adjudication or, the 627
arrest, the taking into custody, or the referral to the court, 628
regardless of whether it receives notice of the hearing on the 629
~~expungement or~~ sealing of the record or a copy of the order to 630
~~expunge or~~ seal the record. Except as provided in division (K) of 631
this section, upon the written request of a person whose record 632
has been ~~expunged~~sealed and the presentation of a copy of the 633
order to ~~expunge~~seal, a public office or agency shall destroy its 634
record of the prior adjudication or, the arrest, the taking into 635
custody, or the referral to the court, except a record of the 636
adjudication or arrest that is maintained for compiling 637
statistical data and that does not contain any reference to the 638
person who is the subject of the order to ~~expunge~~seal. 639

       ~~(2)~~(3) The person, or the public office or agency, that 640
maintains sealed records pertaining to an adjudication of a child 641
as a delinquent child may maintain a manual or computerized index 642
to the sealed records. The index shall contain only the name of, 643
and alphanumeric identifiers that relate to, the persons who are 644
the subject of the sealed records, the word "sealed," and the name 645
of the person, or the public office or agency that has custody of 646
the sealed records and shall not contain the name of the 647
delinquent act committed. The person who has custody of the sealed 648
records shall make the index available only for the purposes set 649
forth in divisions ~~(E)~~(F)(2) and (H) of this section. 650

       (H) The judgment rendered by the court under this chapter 651
shall not impose any of the civil disabilities ordinarily imposed 652
by conviction of a crime in that the child is not a criminal by 653
reason of the adjudication, and no child shall be charged with or 654
convicted of a crime in any court except as provided by this 655
chapter. The disposition of a child under the judgment rendered or 656
any evidence given in court shall not operate to disqualify a 657
child in any future civil service examination, appointment, or 658
application. Evidence of a judgment rendered and the disposition 659
of a child under the judgment is not admissible to impeach the 660
credibility of the child in any action or proceeding. Otherwise, 661
the disposition of a child under the judgment rendered or any 662
evidence given in court is admissible as evidence for or against 663
the child in any action or proceeding in any court in accordance 664
with the Rules of Evidence and also may be considered by any court 665
as to the matter of sentence or to the granting of probation, and 666
a court may consider the judgment rendered and the disposition of 667
a child under that judgment for purposes of determining whether 668
the child, for a future criminal conviction or guilty plea, is a 669
repeat violent offender, as defined in section 2929.01 of the 670
Revised Code. 671

       (I) In any application for employment, license, or other 672
right or privilege, any appearance as a witness, or any other 673
inquiry, a person may not be questioned with respect to any arrest 674
for which the records were ~~expunged~~sealed. If an inquiry is made 675
in violation of this division, the person may respond as if the 676
~~expunged~~sealed arrest did not occur, and the person shall not be 677
subject to any adverse action because of the arrest or the 678
response. 679

       (J) An officer or employee of the state or any of its 680
political subdivisions who knowingly releases, disseminates, or 681
makes available for any purpose involving employment, bonding, 682
licensing, or education to any person or to any department, 683
agency, or other instrumentality of the state or of any of its 684
political subdivisions any information or other data concerning 685
any arrest, complaint, indictment, information, trial, hearing, 686
adjudication, or correctional supervision, the records of which 687
have been ~~expunged or~~ sealed pursuant to this section and the 688
release, dissemination, or making available of which is not 689
expressly permitted by this section, is guilty of divulging 690
confidential information, a misdemeanor of the fourth degree. 691

       (K) Notwithstanding any provision of this section that 692
requires otherwise, a board of education of a city, local, 693
exempted village, or joint vocational school district that 694
maintains records of an individual who has been permanently 695
excluded under sections 3301.121 and 3313.662 of the Revised Code 696
is permitted to maintain records regarding an adjudication that 697
the individual is a delinquent child that was used as the basis 698
for the individual's permanent exclusion, regardless of a court 699
order to seal the record. An order issued under this section to 700
seal the record of an adjudication that an individual is a 701
delinquent child does not revoke the adjudication order of the 702
superintendent of public instruction to permanently exclude the 703
individual who is the subject of the sealing order. An order 704
issued under this section to seal the record of an adjudication 705
that an individual is a delinquent child may be presented to a 706
district superintendent as evidence to support the contention that 707
the superintendent should recommend that the permanent exclusion 708
of the individual who is the subject of the sealing order be 709
revoked. Except as otherwise authorized by this division and 710
sections 3301.121 and 3313.662 of the Revised Code, any school 711
employee in possession of or having access to the sealed 712
adjudication records of an individual that were the basis of a 713
permanent exclusion of the individual is subject to division (J) 714
of this section. 715

       Sec. 4301.69. (A) Except as otherwise provided in this 716
chapter, no person shall sell beer or intoxicating liquor to an 717
underage person, shall buy beer or intoxicating liquor for an 718
underage person, or shall furnish it to an underage person, unless 719
given by a physician in the regular line of the physician's 720
practice or given for established religious purposes or unless the 721
underage person is accompanied by a parent, spouse who is not an 722
underage person, or legal guardian. 723

       In proceedings before the liquor control commission, no 724
permit holder, or the employee or agent of a permit holder, 725
charged with a violation of this division shall be charged, for 726
the same offense, with a violation of division (A)(1) of section 727
4301.22 of the Revised Code. 728

       (B) No person who is the owner or occupant of any public or 729
private place shall knowingly allow any underage person to remain 730
in or on the place while possessing or consuming beer or 731
intoxicating liquor, unless the intoxicating liquor or beer is 732
given to the person possessing or consuming it by that person's 733
parent, spouse who is not an underage person, or legal guardian 734
and the parent, spouse who is not an underage person, or legal 735
guardian is present at the time of the person's possession or 736
consumption of the beer or intoxicating liquor. 737

       An owner of a public or private place is not liable for acts 738
or omissions in violation of this division that are committed by a 739
lessee of that place, unless the owner authorizes or acquiesces in 740
the lessee's acts or omissions. 741

       (C) No person shall engage or use accommodations at a hotel, 742
inn, cabin, campground, or restaurant when the person knows or has 743
reason to know either of the following: 744

       (1) That beer or intoxicating liquor will be consumed by an 745
underage person on the premises of the accommodations that the 746
person engages or uses, unless the person engaging or using the 747
accommodations is the spouse of the underage person and who is not 748
an underage person, or is the parent or legal guardian of all of 749
the underage persons, who consume beer or intoxicating liquor on 750
the premises and that person is on the premises at all times when 751
beer or intoxicating liquor is being consumed by an underage 752
person; 753

       (2) That a drug of abuse will be consumed on the premises of 754
the accommodations by any person, except a person who obtained the 755
drug of abuse pursuant to a prescription issued by a licensed 756
health professional authorized to prescribe drugs and has the drug 757
of abuse in the original container in which it was dispensed to 758
the person. 759

       (D)(1) No person is required to permit the engagement of 760
accommodations at any hotel, inn, cabin, or campground by an 761
underage person or for an underage person, if the person engaging 762
the accommodations knows or has reason to know that the underage 763
person is intoxicated, or that the underage person possesses any 764
beer or intoxicating liquor and is not accompanied by a parent, 765
spouse who is not an underage person, or legal guardian who is or 766
will be present at all times when the beer or intoxicating liquor 767
is being consumed by the underage person. 768

       (2) No underage person shall knowingly engage or attempt to 769
engage accommodations at any hotel, inn, cabin, or campground by 770
presenting identification that falsely indicates that the underage 771
person is twenty-one years of age or older for the purpose of 772
violating this section. 773

       (E)(1) No underage person shall knowingly order, pay for, 774
share the cost of, attempt to purchase, possess, or consume any 775
beer or intoxicating liquor in any public or private place. No 776
underage person shall knowingly be under the influence of any beer 777
or intoxicating liquor in any public place. The prohibitions set 778
forth in division (E)(1) of this section against an underage 779
person knowingly possessing, consuming, or being under the 780
influence of any beer or intoxicating liquor shall not apply if 781
the underage person is accompanied by a parent, spouse who is not 782
an underage person, or legal guardian, or the beer or intoxicating 783
liquor is given by a physician in the regular line of the 784
physician's practice or given for established religious purposes. 785

       (2)(a) If a person is charged with violating division (E)(1) 786
of this section in a complaint filed under section 2151.27 of the 787
Revised Code, the court may order the child into a diversion 788
program specified by the court and hold the complaint in abeyance 789
pending successful completion of the diversion program. A child is 790
ineligible to enter into a diversion program under division 791
(E)(2)(a) of this section if the child previously has been 792
diverted pursuant to division (E)(2)(a) of this section. If the 793
child completes the diversion program to the satisfaction of the 794
court, the court shall dismiss the complaint and order the child's 795
record in the case sealed under division ~~(D)(3)~~(E)(6) of section 796
2151.358 of the Revised Code. If the child fails to satisfactorily 797
complete the diversion program, the court shall proceed with the 798
complaint. 799

       (b) If a person is charged in a criminal complaint with 800
violating division (E)(1) of this section, section 2935.36 of the 801
Revised Code shall apply to the offense, except that a person is 802
ineligible for diversion under that section if the person 803
previously has been diverted pursuant to division (E)(2)(a) or (b) 804
of this section. If the person completes the diversion program to 805
the satisfaction of the court, the court shall dismiss the 806
complaint and order the record in the case sealed under section 807
2953.52 of the Revised Code. If the person fails to satisfactorily 808
complete the diversion program, the court shall proceed with the 809
complaint. 810

       (F) No parent, spouse who is not an underage person, or legal 811
guardian of a minor shall knowingly permit the minor to violate 812
this section or section 4301.63, 4301.633, or 4301.634 of the 813
Revised Code. 814

       (G) The operator of any hotel, inn, cabin, or campground 815
shall make the provisions of this section available in writing to 816
any person engaging or using accommodations at the hotel, inn, 817
cabin, or campground. 818

       (H) As used in this section: 819

       (1) "Drug of abuse" has the same meaning as in section 820
3719.011 of the Revised Code. 821

       (2) "Hotel" has the same meaning as in section 3731.01 of the 822
Revised Code. 823

       (3) "Licensed health professional authorized to prescribe 824
drugs" and "prescription" have the same meanings as in section 825
4729.01 of the Revised Code. 826

       (4) "Minor" means a person under the age of eighteen years. 827

       (5) "Underage person" means a person under the age of 828
twenty-one years. 829

       Section 2. That existing sections 2151.313, 2151.358, and 830
4301.69 of the Revised Code are hereby repealed. 831

Section 1. That sections 2151.313, 2151.358, and 4301.69 of	6
the Revised Code be amended to read as follows:	7

Sec. 2151.313. (A)(1) Except as provided in division (A)(2)	8
of this section and in sections 109.57, 109.60, and 109.61 of the	9
Revised Code, no child shall be fingerprinted or photographed in	10
the investigation of any violation of law without the consent of	11
the juvenile judge.	12

(2) Subject to division (A)(3) of this section, a law	13
enforcement officer may fingerprint and photograph a child without	14
the consent of the juvenile judge when the child is arrested or	15
otherwise taken into custody for the commission of an act that	16
would be an offense, other than a traffic offense or a minor	17
misdemeanor, if committed by an adult, and there is probable cause	18
to believe that the child may have been involved in the commission	19
of the act. A law enforcement officer who takes fingerprints or	20
photographs of a child under division (A)(2) of this section	21
immediately shall inform the juvenile court that the fingerprints	22
or photographs were taken and shall provide the court with the	23
identity of the child, the number of fingerprints and photographs	24
taken, and the name and address of each person who has custody and	25
control of the fingerprints or photographs or copies of the	26
fingerprints or photographs.	27

(3) This section does not apply to a child to whom either of	28
the following applies:	29

(a) The child has been arrested or otherwise taken into	30
custody for committing, or has been adjudicated a delinquent child	31
for committing, an act that would be a felony if committed by an	32
adult or has been convicted of or pleaded guilty to committing a	33
felony.	34

(b) There is probable cause to believe that the child may	35
have committed an act that would be a felony if committed by an	36
adult.	37

(B)(1) Subject to divisions (B)(4), (5), and (6) of this	38
section, all fingerprints and photographs of a child obtained or	39
taken under division (A)(1) or (2) of this section, and any	40
records of the arrest or custody of the child that was the basis	41
for the taking of the fingerprints or photographs, initially may	42
be retained only until the expiration of thirty days after the	43
date taken, except that the court may limit the initial retention	44
of fingerprints and photographs of a child obtained under division	45
(A)(1) of this section to a shorter period of time and except	46
that, if the child is adjudicated a delinquent child for the	47
commission of an act described in division (B)(3) of this section	48
or is convicted of or pleads guilty to a criminal offense for the	49
commission of an act described in division (B)(3) of this section,	50
the fingerprints and photographs, and the records of the arrest or	51
custody of the child that was the basis for the taking of the	52
fingerprints and photographs, shall be retained in accordance with	53
division (B)(3) of this section. During the initial period of	54
retention, the fingerprints and photographs of a child, copies of	55
the fingerprints and photographs, and records of the arrest or	56
custody of the child shall be used or released only in accordance	57
with division (C) of this section. At the expiration of the	58
initial period for which fingerprints and photographs of a child,	59
copies of fingerprints and photographs of a child, and records of	60
the arrest or custody of a child may be retained under this	61
division, if no complaint, indictment, or information is pending	62
against the child in relation to the act for which the	63
fingerprints and photographs originally were obtained or taken and	64
if the child has neither been adjudicated a delinquent child for	65
the commission of that act nor been convicted of or pleaded guilty	66
to a criminal offense based on that act subsequent to a transfer	67
of the child's case for criminal prosecution pursuant to section	68
2152.12 of the Revised Code, the fingerprints and photographs of	69
the child, all copies of the fingerprints and photographs, and all	70
records of the arrest or custody of the child that was the basis	71
of the taking of the fingerprints and photographs shall be removed	72
from the file and delivered to the juvenile court.	73

(2) If, at the expiration of the initial period of retention	74
set forth in division (B)(1) of this section, a complaint,	75
indictment, or information is pending ~~agaist~~against the child in	76
relation to the act for which the fingerprints and photographs	77
originally were obtained or the child either has been adjudicated	78
a delinquent child for the commission of an act other than an act	79
described in division (B)(3) of this section or has been convicted	80
of or pleaded guilty to a criminal offense for the commission of	81
an act other than an act described in division (B)(3) of this	82
section subsequent to transfer of the child's case, the	83
fingerprints and photographs of the child, copies of the	84
fingerprints and photographs, and the records of the arrest or	85
custody of the child that was the basis of the taking of the	86
fingerprints and photographs may further be retained, subject to	87
division (B)(4) of this section, until the earlier of the	88
expiration of two years after the date on which the fingerprints	89
or photographs were taken or the child attains eighteen years of	90
age, except that, if the child is adjudicated a delinquent child	91
for the commission of an act described in division (B)(3) of this	92
section or is convicted of or pleads guilty to a criminal offense	93
for the commission of an act described in division (B)(3) of this	94
section, the fingerprints and photographs, and the records of the	95
arrest or custody of the child that was the basis for the taking	96
of the fingerprints and photographs, shall be retained in	97
accordance with division (B)(3) of this section.	98

Except as otherwise provided in division (B)(3) of this	99
section, during this additional period of retention, the	100
fingerprints and photographs of a child, copies of the	101
fingerprints and photographs of a child, and records of the arrest	102
or custody of a child shall be used or released only in accordance	103
with division (C) of this section. At the expiration of the	104
additional period, if no complaint, indictment, or information is	105
pending against the child in relation to the act for which the	106
fingerprints originally were obtained or taken or in relation to	107
another act for which the fingerprints were used as authorized by	108
division (C) of this section and that would be a felony if	109
committed by an adult, the fingerprints of the child, all copies	110
of the fingerprints, and all records of the arrest or custody of	111
the child that was the basis of the taking of the fingerprints	112
shall be removed from the file and delivered to the juvenile	113
court, and, if no complaint, indictment, or information is pending	114
against the child concerning the act for which the photographs	115
originally were obtained or taken or concerning an act that would	116
be a felony if committed by an adult, the photographs and all	117
copies of the photographs, and, if no fingerprints were taken at	118
the time the photographs were taken, all records of the arrest or	119
custody that was the basis of the taking of the photographs shall	120
be removed from the file and delivered to the juvenile court. In	121
either case, if, at the expiration of the applicable additional	122
period, such a complaint, indictment, or information is pending	123
against the child, the photographs and copies of the photographs	124
of the child, or the fingerprints and copies of the fingerprints	125
of the child, whichever is applicable, and the records of the	126
arrest or custody of the child may be retained, subject to	127
division (B)(4) of this section, until final disposition of the	128
complaint, indictment, or information, and, upon final disposition	129
of the complaint, indictment, or information, they shall be	130
removed from the file and delivered to the juvenile court, except	131
that, if the child is adjudicated a delinquent child for the	132
commission of an act described in division (B)(3) of this section	133
or is convicted of or pleads guilty to a criminal offense for the	134
commission of an act described in division (B)(3) of this section,	135
the fingerprints and photographs, and the records of the arrest or	136
custody of the child that was the basis for the taking of the	137
fingerprints and photographs, shall be retained in accordance with	138
division (B)(3) of this section.	139

(3) If a child is adjudicated a delinquent child for	140
violating section 2923.42 of the Revised Code or for committing an	141
act that would be a misdemeanor offense of violence if committed	142
by an adult, or is convicted of or pleads guilty to a violation of	143
section 2923.42 of the Revised Code, a misdemeanor offense of	144
violence, or a violation of an existing or former municipal	145
ordinance or law of this state, another state, or the United	146
States that is substantially equivalent to section 2923.42 of the	147
Revised Code or any misdemeanor offense of violence, both of the	148
following apply:	149

(a) Originals and copies of fingerprints and photographs of	150
the child obtained or taken under division (A)(1) of this section,	151
and any records of the arrest or custody that was the basis for	152
the taking of the fingerprints or photographs, may be retained for	153
the period of time specified by the juvenile judge in that judge's	154
grant of consent for the taking of the fingerprints or	155
photographs. Upon the expiration of the specified period, all	156
originals and copies of the fingerprints, photographs, and records	157
shall be delivered to the juvenile court or otherwise disposed of	158
in accordance with any instructions specified by the juvenile	159
judge in that judge's grant of consent. During the period of	160
retention of the photographs and records, all originals and copies	161
of them shall be retained in a file separate and apart from all	162
photographs taken of adults. During the period of retention of the	163
fingerprints, all originals and copies of them may be maintained	164
in the files of fingerprints taken of adults. If the juvenile	165
judge who grants consent for the taking of fingerprints and	166
photographs under division (A)(1) of this section does not specify	167
a period of retention in that judge's grant of consent, originals	168
and copies of the fingerprints, photographs, and records may be	169
retained in accordance with this section as if the fingerprints	170
and photographs had been taken under division (A)(2) of this	171
section.	172

(b) Originals and copies of fingerprints and photographs	173
taken under division (A)(2) of this section, and any records of	174
the arrest or custody that was the basis for the taking of the	175
fingerprints or photographs, may be retained for the period of	176
time and in the manner specified in division (B)(3)(b) of this	177
section. Prior to the child's attainment of eighteen years of age,	178
all originals and copies of the photographs and records shall be	179
retained and shall be kept in a file separate and apart from all	180
photographs taken of adults. During the period of retention of the	181
fingerprints, all originals and copies of them may be maintained	182
in the files of fingerprints taken of adults. Upon the child's	183
attainment of eighteen years of age, all originals and copies of	184
the fingerprints, photographs, and records shall be disposed of as	185
follows:	186

(i) If the juvenile judge issues or previously has issued an	187
order that specifies a manner of disposition of the originals and	188
copies of the fingerprints, photographs, and records, they shall	189
be delivered to the juvenile court or otherwise disposed of in	190
accordance with the order.	191

(ii) If the juvenile judge does not issue and has not	192
previously issued an order that specifies a manner of disposition	193
of the originals and copies of the fingerprints not maintained in	194
adult files, photographs, and records, the law enforcement agency,	195
in its discretion, either shall remove all originals and copies of	196
them from the file in which they had been maintained and transfer	197
them to the files that are used for the retention of fingerprints	198
and photographs taken of adults who are arrested for, otherwise	199
taken into custody for, or under investigation for the commission	200
of a criminal offense or shall remove them from the file in which	201
they had been maintained and deliver them to the juvenile court.	202
If the originals and copies of any fingerprints of a child who	203
attains eighteen years of age are maintained in the files of	204
fingerprints taken of adults or if pursuant to division	205
(B)(3)(b)(ii) of this section the agency transfers the originals	206
and copies of any fingerprints not maintained in adult files,	207
photographs, or records to the files that are used for the	208
retention of fingerprints and photographs taken of adults who are	209
arrested for, otherwise taken into custody for, or under	210
investigation for the commission of a criminal offense, the	211
originals and copies of the fingerprints, photographs, and records	212
may be maintained, used, and released after they are maintained in	213
the adult files or after the transfer as if the fingerprints and	214
photographs had been taken of, and as if the records pertained to,	215
an adult who was arrested for, otherwise taken into custody for,	216
or under investigation for the commission of a criminal offense.	217

(4) If a sealing ~~or expungement~~ order issued under section	218
2151.358 of the Revised Code requires the sealing or destruction	219
of any fingerprints or photographs of a child obtained or taken	220
under division (A)(1) or (2) of this section or of the records of	221
an arrest or custody of a child that was the basis of the taking	222
of the fingerprints or photographs prior to the expiration of any	223
period for which they otherwise could be retained under division	224
(B)(1), (2), or (3) of this section, the fingerprints,	225
photographs, and arrest or custody records that are subject to the	226
order and all copies of the fingerprints, photographs, and arrest	227
or custody records shall be sealed or destroyed in accordance with	228
the order.	229

(5) All fingerprints of a child, photographs of a child,	230
records of an arrest or custody of a child, and copies delivered	231
to a juvenile court in accordance with division (B)(1), (2), or	232
(3) of this section shall be destroyed by the court, provided	233
that, if a complaint is filed against the child in relation to any	234
act to which the records pertain, the court shall maintain all	235
records of an arrest or custody of a child so delivered for at	236
least three years after the final disposition of the case or after	237
the case becomes inactive.	238

(6)(a) All photographs of a child and records of an arrest or	239
custody of a child retained pursuant to division (B) of this	240
section and not delivered to a juvenile court shall be kept in a	241
file separate and apart from fingerprints, photographs, and	242
records of an arrest or custody of an adult. All fingerprints of a	243
child retained pursuant to division (B) of this section and not	244
delivered to a juvenile court may be maintained in the files of	245
fingerprints taken of adults.	246

(b) If a child who is the subject of photographs or	247
fingerprints is adjudicated a delinquent child for the commission	248
of an act that would be an offense, other than a traffic offense	249
or a minor misdemeanor, if committed by an adult or is convicted	250
of or pleads guilty to a criminal offense, other than a traffic	251
offense or a minor misdemeanor, all fingerprints not maintained in	252
the files of fingerprints taken of adults and all photographs of	253
the child, and all records of the arrest or custody of the child	254
that is the basis of the taking of the fingerprints or	255
photographs, that are retained pursuant to division (B) of this	256
section and not delivered to a juvenile court shall be kept in a	257
file separate and apart from fingerprints, photographs, and arrest	258
and custody records of children who have not been adjudicated a	259
delinquent child for the commission of an act that would be an	260
offense, other than a traffic offense or a minor misdemeanor, if	261
committed by an adult and have not been convicted of or pleaded	262
guilty to a criminal offense other than a traffic offense or a	263
minor misdemeanor.	264

(C) Until they are delivered to the juvenile court or sealed,	265
transferred in accordance with division (B)(3)(b) of this section,	266
or destroyed pursuant to a sealing ~~or expungement~~ order, the	267
originals and copies of fingerprints and photographs of a child	268
that are obtained or taken pursuant to division (A)(1) or (2) of	269
this section, and the records of the arrest or custody of the	270
child that was the basis of the taking of the fingerprints or	271
photographs, shall be used or released only as follows:	272

(1) During the initial thirty-day period of retention,	273
originals and copies of fingerprints and photographs of a child,	274
and records of the arrest or custody of a child, shall be used,	275
prior to the filing of a complaint or information against or the	276
obtaining of an indictment of the child in relation to the act for	277
which the fingerprints and photographs were originally obtained or	278
taken, only for the investigation of that act and shall be	279
released, prior to the filing of the complaint, only to a court	280
that would have jurisdiction of the child's case under this	281
chapter. Subsequent to the filing of a complaint or information or	282
the obtaining of an indictment, originals and copies of	283
fingerprints and photographs of a child, and records of the arrest	284
or custody of a child, shall be used or released during the	285
initial thirty-day period of retention only as provided in	286
division (C)(2)(a), (b), or (c) of this section.	287

(2) Originals and copies of fingerprints and photographs of a	288
child, and records of the arrest or custody of a child, that are	289
retained beyond the initial thirty-day period of retention	290
subsequent to the filing of a complaint or information or the	291
obtaining of an indictment, a delinquent child adjudication, or a	292
conviction of or guilty plea to a criminal offense shall be used	293
or released only as follows:	294

(a) Originals and copies of photographs of a child, and, if	295
no fingerprints were taken at the time the photographs were taken,	296
records of the arrest or custody of the child that was the basis	297
of the taking of the photographs, may be used only as follows:	298

(i) They may be used for the investigation of the act for	299
which they originally were obtained or taken; if the child who is	300
the subject of the photographs is a suspect in the investigation,	301
for the investigation of any act that would be an offense if	302
committed by an adult; and for arresting or bringing the child	303
into custody.	304

(ii) If the child who is the subject of the photographs is	305
adjudicated a delinquent child for the commission of an act that	306
would be a felony if committed by an adult or is convicted of or	307
pleads guilty to a criminal offense that is a felony as a result	308
of the arrest or custody that was the basis of the taking of the	309
photographs, a law enforcement officer may use the photographs for	310
a photo line-up conducted as part of the investigation of any act	311
that would be a felony if committed by an adult, whether or not	312
the child who is the subject of the photographs is a suspect in	313
the investigation.	314

(b) Originals and copies of fingerprints of a child, and	315
records of the arrest or custody of the child that was the basis	316
of the taking of the fingerprints, may be used only for the	317
investigation of the act for which they originally were obtained	318
or taken; if a child is a suspect in the investigation, for the	319
investigation of another act that would be an offense if committed	320
by an adult; and for arresting or bringing the child into custody.	321

(c) Originals and copies of fingerprints, photographs, and	322
records of the arrest or custody that was the basis of the taking	323
of the fingerprints or photographs shall be released only to the	324
following:	325

(i) Law enforcement officers of this state or a political	326
subdivision of this state, upon notification to the juvenile court	327
of the name and address of the law enforcement officer or agency	328
to whom or to which they will be released;	329

(ii) A court that has jurisdiction of the child's case under	330
Chapters 2151. and 2152. of the Revised Code or subsequent to a	331
transfer of the child's case for criminal prosecution pursuant to	332
section 2152.12 of the Revised Code.	333

(1) Fingerprint or photograph a child in the investigation of	335
any violation of law other than as provided in division (A)(1) or	336
(2) of this section or in sections 109.57, 109.60, and 109.61 of	337
the Revised Code;	338

(2) Retain fingerprints or photographs of a child obtained or	339
taken under division (A)(1) or (2) of this section, copies of	340
fingerprints or photographs of that nature, or records of the	341
arrest or custody that was the basis of the taking of fingerprints	342
or photographs of that nature other than in accordance with	343
division (B) of this section;	344