As Introduced

130th General Assembly
Regular Session
2013-2014
H. B. No. 516


Representatives Rogers, Heard 

Cosponsors: Representatives Antonio, Becker, Fedor, Williams, Hagan, R., Ashford 

A BILL
To amend section 2953.36 of the Revised Code to allow 1
a person who is convicted of an offense that, at 2
the time of conviction, is excluded from the 3
operation of the Conviction Record Sealing Law to 4
apply for sealing of the record of that conviction 5
if, prior to the making of the application, the 6
offense is changed so that it no longer would be 7
excluded from the operation of that Law.8


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

       Section 1. That section 2953.36 of the Revised Code be 9
amended to read as follows:10

       Sec. 2953.36. Sections(A) Subject to division (B) of this 11
section, sections 2953.31 to 2953.35 of the Revised Code do not 12
apply to any of the following:13

       (A)(1) Convictions when the offender is subject to a 14
mandatory prison term;15

       (B)(2) Convictions under section 2907.02, 2907.03, 2907.04, 16
2907.05, 2907.06, 2907.321, 2907.322, or 2907.323, former section 17
2907.12, or Chapter 4507., 4510., 4511., or 4549. of the Revised 18
Code, or a conviction for a violation of a municipal ordinance 19
that is substantially similar to any section contained in any of 20
those chapters;21

       (C)(3) Convictions of an offense of violence when the offense 22
is a misdemeanor of the first degree or a felony and when the 23
offense is not a violation of section 2917.03 of the Revised Code 24
and is not a violation of section 2903.13, 2917.01, or 2917.31 of 25
the Revised Code that is a misdemeanor of the first degree;26

       (D)(4) Convictions on or after October 10, 2007, under 27
section 2907.07 of the Revised Code or a conviction on or after 28
October 10, 2007, for a violation of a municipal ordinance that is 29
substantially similar to that section; 30

       (E)(5) Convictions on or after October 10, 2007, under 31
section 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.31, 32
2907.311, 2907.32, or 2907.33 of the Revised Code when the victim 33
of the offense was under eighteen years of age;34

       (F)(6) Convictions of an offense in circumstances in which 35
the victim of the offense was under eighteen years of age when the 36
offense is a misdemeanor of the first degree or a felony, except 37
for convictions under section 2919.21 of the Revised Code;38

       (G)(7) Convictions of a felony of the first or second degree;39

       (H)(8) Bail forfeitures in a traffic case as defined in 40
Traffic Rule 2.41

       (B) The exclusion set forth in division (A) of this section 42
does not apply to a conviction listed in divisions (A)(1) to (8) 43
of this section in either of the following circumstances:44

        (1) Prior to the effective date of this amendment, the 45
offender was convicted of or pleaded guilty to an offense that, on 46
the date of the conviction or guilty plea, was listed in divisions 47
(A) to (H) of this section as they existed at any time prior to 48
the effective date of this amendment, and, after the date of that 49
conviction or guilty plea, the penalty for or classification of 50
that offense was or is changed so that if the offender's 51
conviction of or plea of guilty to that offense had occurred on or 52
after the date of the change it would not be listed in divisions 53
(A)(1) to (8) of this section;54

        (2) On or after the effective date of this amendment, the 55
offender is convicted of or pleads guilty to an offense that, on 56
the date of the conviction or guilty plea, is listed in divisions 57
(A)(1) to (8) of this section as they exist on or at any time 58
after the effective date of this amendment, and, after the date of 59
that conviction or guilty plea, the penalty for or classification 60
of that offense is changed so that if the offender's conviction of 61
or plea of guilty to that offense had occurred on or after the 62
date of the change it is not listed in divisions (A)(1) to (8) of 63
this section.64

       Section 2. That existing section 2953.36 of the Revised Code 65
is hereby repealed.66