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H. B. No. 137 As Introduced
As Introduced
126th General Assembly | Regular Session | 2005-2006 |
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Representatives Gilb, Willamowski, Latta, Wagoner, McGregor, Fessler
A BILL
To amend sections 2151.313, 2151.358, and 4301.69 of the Revised Code to revise the
procedure by which a juvenile court may seal records of
alleged and adjudicated delinquent and unruly children and adjudicated juvenile traffic offenders.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2151.313, 2151.358, and 4301.69 of the Revised Code be amended to read as follows: Sec. 2151.313. (A)(1) Except as provided in division
(A)(2)
of this section and in sections 109.57, 109.60, and
109.61 of the
Revised Code, no child shall be fingerprinted or
photographed in
the investigation of any violation of law without
the consent of
the juvenile judge. (2) Subject to division (A)(3) of this section, a
law
enforcement officer may fingerprint and
photograph a child without
the consent of the juvenile judge when
the child is arrested or
otherwise taken into custody for the
commission of an act that
would be an offense, other than a
traffic offense or a minor
misdemeanor, if committed by an
adult, and there is probable cause
to believe that the child may
have been involved in the commission
of the act. A law
enforcement officer who takes fingerprints or
photographs of a
child under division (A)(2) of this section
immediately shall inform the juvenile
court that the fingerprints
or photographs were taken and shall
provide the court with the
identity of the child, the number of
fingerprints and photographs
taken, and the name and address of
each person who has custody and
control of the fingerprints or
photographs or copies of the
fingerprints or photographs. (3) This section does not apply to a child to whom
either of
the following applies: (a) The child has been arrested or
otherwise taken into
custody for committing, or has been adjudicated a
delinquent
child
for committing, an act that would be a felony if committed by an
adult or has been convicted of or pleaded guilty to
committing a
felony. (b) There is probable
cause to believe that the child may
have committed an
act that would be a felony if committed by an
adult. (B)(1) Subject to divisions (B)(4), (5), and (6) of this
section, all fingerprints and photographs of a child obtained or
taken under division (A)(1) or (2) of this section, and any
records of the arrest or custody of the child that was the basis
for the taking of the fingerprints or photographs, initially may
be retained only until the expiration of thirty days after the
date taken, except that the court may limit the initial retention
of fingerprints and photographs of a child obtained under
division
(A)(1) of this section to a shorter period of time and
except
that, if the child is adjudicated a delinquent child for
the
commission of an act described in division (B)(3) of this
section
or is convicted of or pleads guilty to a criminal offense
for the
commission of an act described in division (B)(3) of this
section,
the fingerprints and photographs, and the records of the
arrest or
custody of the child that was the basis for the taking
of the
fingerprints and photographs, shall be retained in
accordance with
division (B)(3) of this section. During the
initial period of
retention, the fingerprints and photographs of
a child, copies of
the fingerprints and photographs, and records
of the arrest or
custody of the child shall be used or released
only in accordance
with division (C) of this section. At the
expiration of the
initial period for which fingerprints and
photographs of a child,
copies of fingerprints and photographs of
a child, and records of
the arrest or custody of a child may be
retained under this
division, if no complaint, indictment, or
information is pending
against
the child in relation to the act for which the
fingerprints and
photographs originally were obtained or taken and
if the child
has neither been adjudicated a delinquent child for
the
commission of that act nor been convicted of or pleaded guilty
to
a criminal offense based on that act subsequent to a transfer
of
the child's case for criminal prosecution pursuant to section
2152.12 of the Revised Code, the fingerprints and
photographs of
the child, all copies of the fingerprints and photographs, and
all
records of the arrest or custody of the child that was the
basis
of the taking of the fingerprints and photographs shall be
removed
from the file and delivered to the juvenile court. (2) If, at the expiration of the initial period of
retention
set forth in division (B)(1) of this section, a
complaint,
indictment, or information is pending agaist against the
child in
relation
to the act for
which the fingerprints and photographs
originally
were obtained
or the child either has been adjudicated
a
delinquent child for
the commission of an act other than an act
described in division
(B)(3) of this section or has been convicted
of or pleaded guilty
to a criminal offense for the commission of
an act other than an
act described in division (B)(3) of this
section subsequent to
transfer of the child's case, the
fingerprints and photographs of
the child, copies of the
fingerprints and photographs, and the
records of the arrest or
custody of the child that was the basis
of the taking of the
fingerprints and photographs may further be
retained, subject to
division (B)(4) of this section, until the
earlier of the
expiration of two years after the date on which
the fingerprints
or photographs were taken or the child attains
eighteen years of
age, except that, if the child is adjudicated a
delinquent child
for the commission of an act described in
division (B)(3) of this
section or is convicted of or pleads
guilty to a criminal offense
for the commission of an act
described in division (B)(3) of this
section, the fingerprints
and photographs, and the records of the
arrest or custody of the
child that was the basis for the taking
of the fingerprints and
photographs, shall be retained in
accordance with division (B)(3)
of this section. Except as otherwise provided in division (B)(3) of this
section, during this additional period of retention, the
fingerprints and photographs of a child, copies of the
fingerprints and photographs of a child, and records of the
arrest
or custody of a child shall be used or released only in
accordance
with division (C) of this section. At the expiration
of the
additional period, if no complaint, indictment, or
information is
pending against the
child in relation to the act for which the
fingerprints
originally were obtained or taken or in relation to
another act
for which the fingerprints were used as authorized by
division
(C) of this section and that would be a felony if
committed by an
adult, the fingerprints of the child, all copies
of the
fingerprints, and all records of the arrest or custody of
the
child that was the basis of the taking of the fingerprints
shall
be removed from the file and delivered to the juvenile
court, and,
if no complaint, indictment, or information is pending
against
the child concerning the act
for which the photographs
originally were obtained or taken
or concerning an act that would
be a felony if committed by an
adult, the photographs and all
copies of the photographs, and, if
no fingerprints were taken at
the time the photographs were
taken, all records of the arrest or
custody that was the basis of
the taking of the photographs shall
be removed from the file and
delivered to the juvenile court. In
either case, if, at the
expiration of the applicable additional
period, such a complaint,
indictment, or information is pending
against the child, the
photographs and copies of the
photographs
of the child, or the fingerprints and copies of the
fingerprints
of the child, whichever is applicable, and the
records of the
arrest or custody of the child may be retained,
subject to
division (B)(4) of this section, until final
disposition of the
complaint, indictment, or information, and,
upon final disposition
of the
complaint, indictment, or information, they shall be
removed
from the file and delivered to
the juvenile court, except
that, if the child is adjudicated a
delinquent child for the
commission of an act described in
division (B)(3) of this section
or is convicted of or pleads
guilty to a criminal offense for the
commission of an act
described in division (B)(3) of this section,
the fingerprints
and photographs, and the records of the arrest or
custody of the
child that was the basis for the taking of the
fingerprints and
photographs, shall be retained in accordance with
division (B)(3)
of this section. (3) If a child is adjudicated a delinquent child for
violating section
2923.42 of the Revised Code or
for committing an
act that would be a misdemeanor offense of violence if
committed
by an adult, or is convicted of or
pleads guilty to a violation of
section 2923.42 of the
Revised Code,
a misdemeanor offense of
violence, or
a violation of an existing or former municipal
ordinance or law of
this state, another state, or
the United
States that is substantially
equivalent to section 2923.42 of the
Revised Code
or any misdemeanor offense of violence, both of the
following apply: (a) Originals and copies of fingerprints and photographs
of
the child obtained or taken under division (A)(1) of this
section,
and any records of the arrest or custody that was the
basis for
the taking of the fingerprints or photographs, may be
retained for
the period of time specified by the juvenile judge
in that judge's
grant of consent for the taking of the fingerprints
or
photographs. Upon the expiration of the specified period, all
originals and copies of the fingerprints, photographs, and
records
shall be delivered to the juvenile court or otherwise
disposed of
in accordance with any instructions specified by the
juvenile
judge in that judge's grant of consent. During the period
of
retention of the photographs and records, all originals and
copies
of them shall be retained in a file separate and apart
from all
photographs taken of adults. During the period of
retention of
the fingerprints, all originals and copies of them
may be
maintained in the files of fingerprints taken of adults.
If the
juvenile judge who grants consent for the taking of
fingerprints
and photographs under division (A)(1) of this
section does not
specify a period of retention in that judge's
grant of
consent,
originals and copies of the fingerprints, photographs,
and records
may be retained in accordance with this section as if
the
fingerprints and photographs had been taken under division
(A)(2)
of this section. (b) Originals and copies of fingerprints and photographs
taken under division (A)(2) of this section, and any records of
the arrest or custody that was the basis for the taking of the
fingerprints or photographs, may be retained for the period of
time and in the manner specified in division (B)(3)(b)
of this
section. Prior to the
child's attainment of eighteen years of
age, all originals and
copies of the photographs and records shall
be retained and shall
be kept in a file separate and apart from
all photographs taken
of adults. During the period of retention
of the fingerprints,
all originals and copies of them may be
maintained in the files
of fingerprints taken of adults. Upon the
child's attainment of
eighteen years of age, all originals and
copies of the
fingerprints, photographs, and records shall be
disposed of as
follows: (i) If the juvenile judge issues or previously has issued
an
order that specifies a manner of disposition of the originals
and
copies of the fingerprints, photographs, and records, they
shall
be delivered to the juvenile court or otherwise disposed of
in
accordance with the order. (ii) If the juvenile judge does not issue and has not
previously issued an order that specifies a manner of disposition
of the originals and copies of the fingerprints not maintained in
adult files, photographs, and records, the law enforcement
agency,
in its discretion, either shall remove all originals and
copies of
them from the file in which they had been maintained
and transfer
them to the files that are used for the retention of
fingerprints
and photographs taken of adults who are arrested
for, otherwise
taken into custody for, or under investigation for
the commission
of a criminal offense or shall remove them from
the file in which
they had been maintained and deliver them to
the juvenile court.
If the originals and copies of any
fingerprints of a child who
attains eighteen years of age are
maintained in the files of
fingerprints taken of adults or if
pursuant to division
(B)(3)(b)(ii) of this section
the agency transfers the originals
and
copies of any fingerprints not maintained in adult files,
photographs, or records to the files that are used for the
retention of fingerprints and photographs taken of adults who are
arrested for, otherwise taken into custody for, or under
investigation for the commission of a criminal offense, the
originals and copies of the fingerprints, photographs, and
records
may be maintained, used, and released after they are
maintained in
the adult files or after the transfer as if the
fingerprints and
photographs had been taken of, and as if the
records pertained to,
an adult who was arrested for, otherwise
taken into custody for,
or under investigation for the
commission of a criminal offense. (4) If a sealing or expungement order issued under section
2151.358 of the Revised Code requires the sealing or destruction
of any fingerprints or photographs of a child obtained or taken
under division (A)(1) or (2) of this section or of the records of
an arrest or custody of a child that was the basis of the taking
of the fingerprints or photographs prior to the expiration of any
period for which they otherwise could be retained under division
(B)(1), (2), or (3) of this section, the fingerprints,
photographs, and arrest or custody records that are subject to
the
order and all copies of the fingerprints, photographs, and
arrest
or custody records shall be sealed or destroyed in
accordance with
the order. (5) All fingerprints of a child, photographs of a child,
records of an arrest or custody of a child, and copies delivered
to a juvenile court in accordance with division (B)(1), (2), or
(3) of this section shall be destroyed by the court, provided
that,
if a complaint is filed against the child in
relation to any
act to which the records pertain, the court shall maintain all
records of an arrest or custody of a
child so delivered for at
least three years after the final
disposition of the case or after
the case becomes inactive. (6)(a) All photographs of a child and records of an arrest
or custody of a child retained pursuant to division (B) of this
section and not delivered to a juvenile court shall be kept in a
file separate and apart from fingerprints, photographs, and
records of an arrest or custody of an adult. All fingerprints of
a child retained pursuant to division (B) of this section and not
delivered to a juvenile court may be maintained in the files of
fingerprints taken of adults. (b) If a child who is the subject of photographs or
fingerprints is adjudicated a delinquent child for the commission
of an act that would be an offense, other than a traffic
offense
or a minor misdemeanor, if committed by an adult or is
convicted
of or pleads guilty to a criminal offense, other than a traffic
offense or a minor misdemeanor,
all fingerprints not maintained in
the files of
fingerprints taken of adults and all photographs of
the child,
and all records of the arrest or custody of the child
that is the
basis of the taking of the fingerprints or
photographs, that are
retained pursuant to division (B) of this
section and not
delivered to a juvenile court shall be kept in a
file separate
and apart from fingerprints, photographs, and arrest
and custody
records of children who have not been adjudicated a
delinquent
child for the commission of an act that would be an
offense, other than a traffic offense or a minor misdemeanor, if
committed by an adult and have not been convicted of or pleaded
guilty to a criminal offense other than a traffic
offense or a
minor misdemeanor. (C) Until they are delivered to the juvenile court or
sealed, transferred in accordance with division (B)(3)(b) of this
section, or destroyed pursuant to a sealing or expungement order,
the originals and copies of fingerprints and photographs of a
child that are obtained or taken pursuant to division (A)(1) or
(2) of this section, and the records of the arrest or custody of
the child that was the basis of the taking of the fingerprints or
photographs, shall be used or released only as follows: (1) During the initial thirty-day period of retention,
originals and copies of fingerprints and photographs of a child,
and records of the arrest or custody of a child, shall be used,
prior to the filing of a complaint or information against or the
obtaining of an indictment of the child in relation
to the act for
which the fingerprints and photographs were
originally obtained or
taken, only for the investigation of that
act and shall be
released, prior to the filing of the complaint,
only to a court
that would have jurisdiction of the child's case
under this
chapter. Subsequent to the filing of a complaint or information
or the obtaining of an indictment,
originals and copies of
fingerprints and photographs of a child,
and records of the arrest
or custody of a child, shall be used or
released during the
initial thirty-day period of retention only
as provided in
division (C)(2)(a), (b), or (c) of this section. (2) Originals and copies of fingerprints and photographs
of
a child, and records of the arrest or custody of a child, that
are
retained beyond the initial thirty-day period of retention
subsequent to the filing of a complaint or information or the
obtaining of
an indictment, a delinquent child
adjudication, or a
conviction of or guilty plea to a criminal
offense shall be used
or released only as follows: (a) Originals and copies of photographs of a child, and,
if
no fingerprints were taken at the time the photographs were
taken,
records of the arrest or custody of the child that was the
basis
of the taking of the photographs, may be used only as
follows: (i) They may be used for the investigation of the act for
which they originally were obtained or taken; if the child who is
the subject of the photographs is a suspect in the investigation,
for the investigation of any act that would be an offense if
committed by an adult; and for arresting or bringing the child
into custody. (ii) If the child who is the subject of the photographs is
adjudicated a delinquent child for the commission of an act that
would be a felony if committed by an adult or is convicted of or
pleads guilty to a criminal offense that is a felony as a result
of the arrest or custody that was the basis of the taking of the
photographs, a law enforcement officer may use the photographs
for
a photo line-up conducted as part of the investigation of any
act
that would be a felony if committed by an adult, whether or
not
the child who is the subject of the photographs is a suspect
in
the investigation. (b) Originals and copies of fingerprints of a child, and
records of the arrest or custody of the child that was the basis
of the taking of the fingerprints, may be used only for the
investigation of the act for which they originally were obtained
or taken; if a child is a suspect in the investigation, for the
investigation of another act that would be an offense if
committed
by an adult; and for arresting or bringing the child
into custody. (c) Originals and copies of fingerprints, photographs, and
records of the arrest or custody that was the basis of the taking
of the fingerprints or photographs shall be released only to the
following: (i) Law enforcement officers of this state or a political
subdivision of this state, upon notification to the juvenile
court
of the name and address of the law enforcement officer or
agency
to whom or to which they will be released; (ii) A court that has jurisdiction of the child's case
under
Chapters 2151. and 2152. of
the Revised Code or subsequent to a
transfer of the child's case for criminal prosecution pursuant to
section 2152.12 of the Revised Code. (D) No person shall knowingly do any of the following: (1) Fingerprint or photograph a child in the investigation
of any violation of law other than as provided in division (A)(1)
or (2) of this section or in sections 109.57,
109.60, and 109.61
of the Revised Code; (2) Retain fingerprints or photographs of a child obtained
or taken under division (A)(1) or (2) of this section, copies of
fingerprints or photographs of that nature, or records
of the
arrest or
custody that was the basis of the taking of fingerprints
or photographs of that nature other than in accordance with
division
(B) of this
section; (3) Use or release fingerprints or photographs of a child
obtained or taken under division (A)(1) or (2) of this section,
copies of fingerprints or photographs of that nature,
or records
of the
arrest or custody that was the basis of the taking of
fingerprints or photographs of that nature other than in
accordance
with division (B) or (C) of this section.
Sec. 2151.358. (A) As used in this section, "seal a
record"
means to remove a record from the main file of similar
records and
to secure it in a separate file that contains only
sealed records
and that is accessible only to the juvenile court.
A record that
is sealed shall be destroyed by all persons and
governmental
bodies except the juvenile court. (B) A juvenile court may order records pertaining to a juvenile to be sealed under the conditions and in the manner set out in this section. (C) The department of youth services and any other
institution or facility that unconditionally discharges a person
who has been adjudicated a delinquent child, an unruly
child, or a
juvenile traffic offender shall
immediately give notice of the
discharge to the court that
committed the person. The court shall
note the date of discharge
on a separate record of discharges of
those natures. (C)(1)(a) Two years after the termination of any order made
by
the court or two years after the unconditional discharge of a
person from the department of youth services or another
institution
or facility to which the person may have been
committed, the
court that issued the order or committed the person
shall do
whichever of the following is applicable:
(i) If the person was adjudicated an unruly child, order
the
record of the person sealed;
(ii) If the person was adjudicated a delinquent child
for
committing an act other than a violation of section
2903.01,
2903.02, 2907.02, 2907.03, or 2907.05 of the Revised Code or was
adjudicated a juvenile traffic offender,
either order the record
of the person sealed or send the person
notice of the person's
right to have that
record sealed.
(b) Division (C)(1)(a) of this section
does not apply
regarding a person who was adjudicated a delinquent child for
committing a violation
of section 2903.01, 2903.02, 2907.02,
2907.03, or 2907.05 of the Revised Code.
(2) The court shall send the notice described in division
(C)(1)(a)(ii) of this section within ninety days after
the
expiration of the two-year period described in division (C)(1)(a)
of this section by certified mail, return receipt
requested, to
the
person's last known address. The notice shall state that
the
person may apply to the court for an order to seal the person's
record, explain what sealing a record means, and explain the
possible consequences of not having the person's record sealed.
(D)(1) At any time after the two-year period described in
division
(C)(1)(a) of this section has elapsed, any
person who has
been adjudicated a delinquent child
for committing an act other
than a violation of section 2903.01, 2903.02,
2907.02, 2907.03, or
2907.05 of the Revised Code or who has been adjudicated a
juvenile
traffic offender may apply to the court for an order to seal the
person's record. The court
shall hold a hearing on each
application within sixty days after
the application is received.
Notice of the hearing on the
application shall be given to the
prosecuting attorney and to any
other public office or agency
known to have a record of the prior
adjudication. If the court
finds that the rehabilitation of the
person who was adjudicated a
delinquent child or a juvenile traffic
offender has been attained
to a satisfactory degree, the court may order the record of the
person sealed.
(2) Division (D)(1) of this section does not apply
regarding
a person who was adjudicated a delinquent child for committing a
violation of section 2903.01, 2903.02, 2907.02, 2907.03, or
2907.05 of the
Revised Code.
(3) If a child (D) A juvenile court shall consider the sealing of records pertaining to a juvenile in any of the following circumstances:
(1) Upon the court's own motion or upon the application of a person if a complaint was filed against the person alleging that the person was a delinquent child or an unruly child and the court dismisses the complaint or finds the person not to be a delinquent child or an unruly child. The motion or application may be filed immediately or at anytime after the dismissal or finding.
(2) Upon the court's own motion or upon the application of a person if the person was arrested or taken into custody for allegedly committing a delinquent act or unruly act but was not brought before or referred to the court for the commission of the act and if no complaint was filed against the person with respect to the commission of the act pursuant to section 2151.27 of the Revised Code. The motion or application may be filed if at least two years have elapsed after the final resolution of the matter for which the person was arrested or taken into custody and if, at the time of the motion or application, the person is not under the jurisdiction of the court in relation to a complaint alleging the person to be a delinquent child.
(3) Upon the court's own motion or upon the application of a person if the person was brought before or referred to the court for allegedly committing a delinquent or unruly act and if the case was resolved without the filing of a complaint against the person with respect to that act pursuant to section 2151.27 of the Revised Code. The motion or application may be filed if at least two years have elapsed after the final resolution of the matter for which the person was brought before or referred to the court and if, at the time of the motion or application, the person is not under the jurisdiction of the court in relation to a complaint alleging the person to be a delinquent child.
(4) Upon the court's own motion or upon the application of a person if the person has been adjudicated a delinquent child for committing an act other than a violation of section 2903.01, 2903.02, 2907.02, 2907.03, or 2907.05 of the Revised Code, an unruly child, or a juvenile traffic offender and if, at the time of the motion or application, the person is not under the jurisdiction of the court in relation to a complaint alleging the person to be a delinquent child. The motion or application may be made at any time after two years after the later of the following:
(a) The termination of any order made by the court in relation to the adjudication;
(b) The unconditional discharge of the person from the department of youth services with respect to a dispositional order made in relation to the adjudication or from an institution or facility to which the person was committed pursuant to a dispositional order made in relation to the adjudication. (E) In making the determination whether to seal records pertaining to a juvenile, all of the following apply:
(1) The court may require a person filing an application under division (D) of this section to submit any relevant documentation to support the application.
(2) The court may cause an investigation to be made to determine if the person who is the subject of the proceedings has been rehabilitated to a satisfactory degree.
(3) The court shall promptly notify the prosecuting attorney of any proceedings to seal records initiated pursuant to division (D) of this section.
(4)(a) The prosecuting attorney may file a response with the court within thirty days of receiving notice of the sealing proceedings.
(b) If the prosecuting attorney does not file a response with the court or if the prosecuting attorney files a response but indicates that the prosecuting attorney does not object to the sealing of the records, the court may order the records of the person that are under consideration to be sealed without conducting a hearing on the motion or application. If the court decides in its discretion to conduct a hearing on the motion or application, the court shall conduct the hearing within thirty days after making that decision and shall give notice, by regular mail, of the date, time, and location of the hearing to the prosecuting attorney and to the person who is the subject of the records under consideration.
(c) If the prosecuting attorney files a response with the court that indicates that the prosecuting attorney objects to the sealing of the records, the court shall conduct a hearing on the motion or application within thirty days after the court receives the response. The court shall give notice, by regular mail, of the date, time, and location of the hearing to the prosecuting attorney and to the person who is the subject of the records under consideration.
(5) After conducting a hearing in accordance with division (E)(4) of this section or after due consideration when a hearing is not conducted, except as provided in division (E)(6) of this section, the court may order the records of the person that are the subject of the motion or application to be sealed if it finds that the person has been rehabilitated to a satisfactory degree. In determining whether the person has been rehabilitated to a satisfactory degree, the court may consider all of the following: (a) The age of the person; (b) The nature of the case; (c) The cessation or continuation of delinquent, unruly, or criminal behavior; (d) The education and employment history of the person; (e) Any other circumstances that may relate to the rehabilitation of the person who is the subject of the records under consideration. (6) If the motion or application pursuant to division (D) of this section concerns a person who was charged with violating division
(E)(1) of section 4301.69 of the Revised Code and who has successfully
completes completed a diversion program under division (E)(2)(a) of section
4301.69 of the Revised Code with respect to that charge, the court
shall order the person's record in that case sealed. (7) The court records of a case in which a person was adjudicated a delinquent child for committing a violation of section 2903.01, 2903.02, 2907.02, 2907.03, or 2907.05 of the Revised Code shall not be sealed under this section. (E)(F)(1) If the court orders the adjudication record
or other
record of a
person sealed pursuant to division (C) or (D)(E) of this
section,
the court, except as provided in division (K) of this
section, shall order that the proceedings in the case in which
the
person was adjudicated a juvenile traffic offender, a delinquent
child, or an unruly child, or in which the person was the subject
of a complaint alleging the person to have violated division
(E)(1) of section 4301.69 of the Revised Code, be deemed
never to
have occurred. Except as provided in division
(G)(2)(3) of this
section, all index references to the case and the
person shall be
deleted, and the person and the court
properly may reply that no
record exists with respect to the person
upon any inquiry in the
matter.
(2) Inspection of records that have been
ordered sealed
under division (E)(1) of this section may be
made only by the
following persons or for the following purposes: (a) If the records in question pertain to an act that would
be an
offense of violence that would be a felony if committed by
an adult, by
any law enforcement officer or any prosecutor, or the
assistants of a
law enforcement officer or prosecutor, for any
valid law
enforcement or prosecutorial purpose; (b) Upon application by the person who is the subject of the
sealed
records, by the persons that are named in that application;
(c) As may be required by federal law; (d) If the records in question pertain to an alleged
violation of division (E)(1) of section 4301.69 of the Revised
Code, by any law enforcement officer or any prosecutor, or the
assistants of a law enforcement officer or prosecutor, for the
purpose of determining whether the person is eligible for
diversion under division (E)(2) of section 4301.69 of the Revised
Code. (3) Records that have been ordered sealed under division (E) of this section shall be available at the request of a defendant in a civil action that is based on the arrest or taking into custody that was the subject of the order to seal records.
The defendant may inspect and copy the records as needed for the civil action. The sealed records shall be used solely in the civil action and are otherwise confidential and subject to the provisions of this section. (F) Any person who has been arrested and charged with
being
a delinquent child or a juvenile traffic offender and who
is
adjudicated not guilty of
the charges in the case or has the
charges
in the case dismissed may apply to the court for an
expungement of the record in the case. The application may
be
filed at any time after the person is adjudicated not guilty or
the charges
against the person are dismissed. The court shall
give notice to the prosecuting attorney of any hearing on the
application. The court may initiate the expungement proceedings
on its own motion.
Any person who has been arrested and charged with being an
unruly child and who is adjudicated not guilty of the charges
in
the case or has the charges in the
case dismissed may apply to the
court for an expungement of
the record in the case. The court
shall initiate the expungement proceedings
on its own motion if an
application for expungement is not filed.
If the court upon receipt of an application for expungement
or upon its own motion determines that the charges against any
person in any case were dismissed or that any person was
adjudicated not guilty in any case, the court shall order that
the
records of the case be expunged and that the proceedings in
the
case be deemed never to have occurred. If the applicant for
the
expungement order, with the written consent of the applicant's
parents or guardian if the applicant is a minor and with the
written approval
of the court, waives in writing the applicant's
right to bring any civil
action based on the arrest for which the
expungement order is applied,
the court shall order the
appropriate persons and governmental
agencies to delete all index
references to the case; destroy or
delete all court records of the
case; destroy all copies of any
pictures and fingerprints taken of
the person pursuant to the
expunged arrest; and destroy, erase, or
delete any reference to
the arrest that is maintained by the state
or any political
subdivision of the state, except a record of the
arrest that is
maintained for compiling statistical data and that
does not
contain any reference to the person.
If the applicant for an expungement order does not waive in
writing the right to bring any civil action based on the arrest
for which the expungement order is applied, the court, in
addition
to ordering
(G)(1) After an order to seal records has been issued, the court shall order the deletion, destruction, or erasure of all
index
references and court records of the case that is the subject of the order and of all
references to
the arrest that are maintained by the state or any
political
subdivision of the state, shall order that a copy of all
records
of the case, except fingerprints held by the court or a
law
enforcement agency, be delivered to the court. The court
shall
seal all of the records delivered to the court in a
separate file
in which only sealed records are maintained. The
sealed records
shall be kept by the court until the statute of
limitations
expires for any civil action based on the arrest, any
pending
litigation based on the arrest is terminated, or the
applicant
files a written waiver of the right to bring a civil
action based
on the arrest. After the expiration of the statute
of
limitations, the termination of the pending litigation, or the
filing of the waiver, period for maintaining juvenile court records under Rule 26.03 of the Rules of Superintendence for the Courts of Ohio or any other applicable statute or court rule elapses at which time the court shall destroy the sealed records. After the expungement order to seal records has been issued, the court
shall,
and the person may properly, reply that no record of the
case with
respect to the person exists. (G)(1)(2) The court shall send notice of the order to expunge
or
seal to any public office or agency that the court has reason
to
believe may have a record of the expunged or sealed record.
Except as provided in division (K) of this section, an order to
seal or expunge under this section applies to every public office
or agency that has a record of the prior adjudication or, the arrest,
the taking into custody, or the referral to the court, regardless of whether it receives notice of the hearing on the
expungement or sealing of the record or a copy of the order to
expunge or seal the record. Except as provided in division (K)
of
this section, upon the written request of a person whose
record
has been expunged sealed and the presentation of a copy
of the order to
expunge seal, a public office or agency shall
destroy its record of the
prior adjudication or, the arrest, the taking into custody, or the referral to the court, except a
record of the adjudication
or arrest that is maintained for
compiling statistical data and
that does not contain any
reference to the person who is the
subject of the order to
expunge seal.
(2)(3) The person, or the public office or agency, that
maintains
sealed records pertaining to an adjudication of a child
as a delinquent child
may maintain a manual or computerized
index
to the sealed records. The index shall contain only the name of,
and
alphanumeric identifiers that relate
to, the persons who are
the subject of the sealed records, the
word "sealed," and the name
of the person, or the public office or
agency that has custody of
the sealed records and shall not
contain the name of the
delinquent act committed. The person who has custody
of the
sealed records shall make the index available only for the
purposes set forth in divisions (E)(F)(2) and (H) of this section.
(H) The judgment rendered by the court under this chapter
shall not impose any of the civil disabilities ordinarily imposed
by conviction of a crime in that the child is not a criminal by
reason of the adjudication, and no child shall be charged with or
convicted of a crime in any court except as provided by this
chapter. The disposition of a child under the judgment rendered
or any evidence given in court shall not operate to disqualify a
child in any future civil service examination, appointment, or
application. Evidence of a judgment rendered and the disposition
of a child under the judgment is not admissible to impeach the
credibility of the child in any action or proceeding. Otherwise,
the disposition of a child under the judgment rendered or any
evidence given in court is admissible as evidence for or against
the child in any action or proceeding in any court in accordance
with the Rules of Evidence and also may be considered by any
court
as to the matter of sentence or to the granting of
probation, and
a court may consider the judgment rendered and the disposition
of
a child under that judgment for purposes of determining whether
the child,
for a future criminal conviction or guilty plea, is a
repeat violent offender,
as defined in section 2929.01 of the
Revised Code. (I) In any application for employment, license, or other
right or privilege, any appearance as a witness, or any other
inquiry, a person may not be questioned with respect to any
arrest
for which the records were expunged sealed. If an inquiry is
made in
violation of this division, the person may respond as if
the
expunged sealed arrest did not occur, and the person shall not be
subject
to any adverse action because of the arrest or the
response. (J) An officer or employee of the state or any of its
political subdivisions who knowingly releases, disseminates, or
makes available for any purpose involving employment, bonding,
licensing, or education to any person or to any department,
agency, or other instrumentality of the state or of any of its
political subdivisions any information or other data concerning
any arrest, complaint, indictment, information, trial,
hearing,
adjudication, or
correctional supervision, the records of which
have been expunged
or sealed pursuant to this section and the
release, dissemination, or
making available of which is not
expressly permitted by this section, is
guilty of divulging
confidential information, a misdemeanor of the fourth degree. (K) Notwithstanding any provision of this section that
requires otherwise, a board of education of a city, local,
exempted village, or joint vocational school district that
maintains records of an individual who has been permanently
excluded under sections 3301.121 and 3313.662 of the Revised Code
is permitted to maintain records regarding an adjudication that
the individual is a delinquent child that was used as the basis
for the individual's permanent exclusion, regardless of a court
order to seal the record. An order issued under this section to
seal the record of an adjudication that an individual is a
delinquent child does not revoke the adjudication order of the
superintendent of public instruction to permanently exclude the
individual who is the subject of the sealing order. An order
issued under this section to seal the record of an adjudication
that an individual is a delinquent child may be presented to a
district superintendent as evidence to support the contention
that
the superintendent should recommend that the permanent
exclusion
of the individual who is the subject of the sealing
order be
revoked. Except as otherwise authorized by this
division and
sections 3301.121 and 3313.662 of the Revised Code,
any school
employee in possession of or having access to the
sealed
adjudication records of an individual that were the basis
of a
permanent exclusion of the individual is subject to division
(J)
of this section.
Sec. 4301.69. (A) Except as otherwise provided in this
chapter, no person shall sell beer or intoxicating liquor to an
underage person, shall buy beer or intoxicating liquor for an
underage person, or shall furnish it to an underage person,
unless
given by a physician in the regular line of the
physician's
practice or given for established religious purposes or unless
the
underage person is accompanied by a parent, spouse who is not an
underage person, or legal guardian. In proceedings before the liquor control commission, no
permit holder, or the employee or agent of a permit holder,
charged with a violation of this division shall be charged, for
the same offense, with a violation of division (A)(1) of section
4301.22 of the Revised Code. (B) No person who is the owner or occupant of any public
or
private place shall knowingly allow any underage person to
remain
in or on the place while possessing or consuming beer or
intoxicating liquor, unless the intoxicating liquor or beer is
given to the person possessing or consuming it by that person's
parent, spouse who is not an underage person, or legal guardian
and the parent, spouse who is not an underage person, or legal
guardian is present at the time of the person's possession or
consumption of the beer or intoxicating liquor. An owner of a public or private place is not liable for
acts
or omissions in violation of this division that are
committed by a
lessee of that place, unless the owner authorizes
or acquiesces in
the lessee's acts or omissions. (C) No person shall engage or use accommodations at a
hotel,
inn, cabin, campground, or restaurant when the person
knows or has
reason to know either of the following: (1) That beer or intoxicating liquor will be consumed by
an
underage person on the premises of the accommodations that the
person engages or uses, unless the person engaging or using the
accommodations is the spouse of the underage person and who is
not
an underage person, or is the parent or legal
guardian of all of
the underage persons, who consume beer or
intoxicating liquor on
the premises and that person is on the
premises at all times when
beer or intoxicating liquor is being
consumed by an underage
person; (2) That a drug of abuse will be consumed on the premises
of
the accommodations by any person, except a person who obtained
the
drug of abuse pursuant to a prescription issued by a
licensed
health professional authorized to prescribe
drugs and has the drug
of abuse in the original container
in which it was dispensed to
the person. (D)(1) No person is required to permit the engagement of
accommodations at any hotel, inn, cabin, or campground by an
underage person or for an underage person, if the person engaging
the accommodations knows or has reason to know that the underage
person is intoxicated, or that the underage person possesses any
beer or intoxicating liquor and is not accompanied by a parent,
spouse who is not an underage person, or legal guardian who is or
will be present at all times when the beer or intoxicating liquor
is being consumed by the underage person. (2) No underage person shall knowingly engage or attempt
to
engage accommodations at any hotel, inn, cabin, or campground
by
presenting identification that falsely indicates that the
underage
person is twenty-one years of age or older for the purpose of
violating
this section. (E)(1) No underage person shall knowingly
order, pay for,
share the cost of, attempt to purchase, possess,
or consume
any
beer or intoxicating liquor in any
public or private place. No
underage person shall knowingly be under the influence
of any beer
or intoxicating liquor in any public place. The
prohibitions set
forth in division
(E)(1) of this section against
an underage
person knowingly possessing, consuming, or being under
the
influence of any beer or intoxicating liquor shall not apply
if
the underage person is
accompanied
by a parent, spouse
who is
not
an
underage person, or
legal
guardian, or
the beer or
intoxicating liquor is given
by a
physician in the regular line
of
the physician's practice or
given
for established
religious
purposes.
(2)(a) If a person is charged with violating division (E)(1)
of
this section in a complaint filed under section 2151.27 of the
Revised Code, the court may order the child into a diversion
program specified by the court and hold the complaint in abeyance
pending successful completion of the diversion program. A child
is ineligible to enter into a diversion program under division
(E)(2)(a) of this section if the child previously has been
diverted pursuant to division (E)(2)(a) of this section. If the
child completes the diversion program to the satisfaction of the
court, the court shall dismiss the complaint and order the child's
record in the case sealed under division (D)(3)(E)(6) of section
2151.358 of the Revised Code. If the child fails to
satisfactorily complete the diversion program, the court shall
proceed with the complaint.
(b) If a person is charged in a criminal complaint with
violating division (E)(1) of this section, section 2935.36 of the
Revised Code shall apply to the offense, except that a person is
ineligible for diversion under that section if the person
previously has been diverted pursuant to division (E)(2)(a) or (b)
of this section. If the person completes the diversion program to
the satisfaction of the court, the court shall dismiss the
complaint and order the record in the case sealed under section
2953.52 of the Revised Code. If the person fails to
satisfactorily complete the diversion program, the court shall
proceed with the complaint. (F) No parent, spouse who is not an underage person, or
legal guardian of a minor shall knowingly permit the minor to
violate this section or section 4301.63,
4301.633, or
4301.634 of
the Revised Code. (G) The operator of any hotel, inn, cabin, or campground
shall make the provisions of this section available in writing to
any person engaging or using accommodations at the hotel, inn,
cabin, or campground. (H) As used in this section: (1) "Drug of abuse" has the same meaning as in section
3719.011 of the Revised Code. (2) "Hotel" has the same meaning as in section 3731.01 of
the Revised Code. (3) "Licensed health professional authorized to prescribe
drugs"
and
"prescription" have the same meanings as in section
4729.01 of the Revised Code. (4) "Minor" means a person under the age of eighteen
years. (5) "Underage person" means a person under the age of
twenty-one years.
Section 2. That existing sections 2151.313, 2151.358, and 4301.69
of the Revised Code are hereby repealed.
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