To amend section 2953.31 of the Revised Code to expand the definition of "first offender" in the expungement law to include, in certain situations, offenders who have two or more convictions resulting from the same indictment, information, complaint, guilty plea, or official proceeding.

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

Sec. 2953.31. As used in sections 2953.31 to 2953.36 of the Revised Code:

(A) "First offender" means anyone who has been convicted of an offense in this state or any other jurisdiction, and who previously or subsequently has not been convicted of the same or a different offense in this state or any other jurisdiction. When two or more convictions result from or are connected with the same act, or result from offenses committed at the same time, they shall be counted as one conviction. WHEN TWO OR MORE CONVICTIONS RESULT FROM THE SAME INDICTMENT, INFORMATION, OR COMPLAINT, RESULT FROM THE SAME PLEA OF GUILTY, OR RESULT FROM THE SAME OFFICIAL PROCEEDING, REGARDLESS OF WHETHER OR NOT THE CONVICTIONS RESULT FROM THE SAME ACT OR FROM OFFENSES COMMITTED AT THE SAME TIME, THEY SHALL BE COUNTED AS ONE CONVICTION.

For purposes of, and except as otherwise provided in, this division, a conviction for a minor misdemeanor, a conviction for a violation of any section in Chapter 4511., 4513., or 4549. of the Revised Code, or a conviction for a violation of a municipal ordinance that is substantially similar to any section in those chapters, is not a previous or subsequent conviction. A conviction for a violation of section 4511.19, 4511.192, 4511.251, 4549.02, 4549.021, 4549.03, 4549.042, or 4549.07, or sections 4549.41 to 4549.46 of the Revised Code, or a conviction for a violation of a municipal ordinance that is substantially similar to any of those sections, shall be considered a previous or subsequent conviction.

(B) "Prosecutor" means the county prosecuting attorney, city director of law, village solicitor, or similar chief legal officer, who has the authority to prosecute a criminal case in the court in which the case is filed.

(C) "Bail forfeiture" means the forfeiture of bail by a defendant who is arrested for the commission of a misdemeanor, other than a defendant in a traffic case as defined in Traffic Rule 2, if the forfeiture is pursuant to an agreement with the court and prosecutor in the case.

(D) "Official records" has the same meaning as in division (D) of section 2953.51 of the Revised Code.

(E) "OFFICIAL PROCEEDING" HAS THE SAME MEANING AS IN SECTION 2921.01 of the Revised Code.