To amend sections 2937.06, 2947.07, 2953.32, 2953.321, 2953.33, 2953.35, 2953.36, 2953.52, 2953.53, 2953.54, and 2953.61 and to enact sections 2307.43 and 2953.322 of the Revised Code, under specified circumstances, to preclude a civil action against an employer that is based on the employer's failure to do a criminal background investigation unless an investigation is required by statute; to modify the list of offenses the official records of which may not be sealed; to require a court to inform a defendant before accepting a guilty plea and before sentencing of the circumstances under which the official records in the case may be sealed; to require the sealing of the official records of a person who is found not guilty of an offense, who is the defendant named in a dismissed complaint, indictment, or information, or against whom a no bill is entered by a grand jury; to prohibit an employer from inquiring into the criminal history of a job applicant until the applicant has been selected for an interview except as otherwise required by statute; to prohibit an employer from refusing to hire a job applicant because the applicant committed an offense unrelated to the job except as otherwise provided by statute; to prohibit the release by private individuals or entities of information contained in sealed official records; and to permit certain offenders who are not first offenders to apply for an order sealing their official records.

Section 1.  That sections 2937.06, 2947.07, 2953.32, 2953.321, 2953.33, 2953.35, 2953.36, 2953.52, 2953.53, 2953.54, and 2953.61 be amended and sections 2307.43 and 2953.322 of the Revised Code be enacted to read as follows:

Sec. 2307.43. (A) No person has a civil cause of action against an employer for injury, death, or loss to person or property that is caused by an employee or former employee of that employer and is based on either of the following:

(1) The employer's failure, before hiring the employee or former employee, to conduct or request a criminal background investigation of the employee or former employee;

(2) The employer's failure to discover a criminal record of the employee or former employee that has been sealed by court order.

(B) Division (A) of this section does not apply to an employer who had a statutory duty to conduct or request a criminal records check of an employee or former employee before the cause of action arose.

(C) Nothing in this section shall be construed to create a cause of action against an employer.

(D) This section does not apply to any action that is pending on the effective date of this section.

Sec. 2937.06.  (A) After all motions are disposed of or if no motion is presented, the court or magistrate shall require the accused to plead to the charge.

(1) In cases of felony, only a plea of not guilty or a written plea of guilty shall be received and if the defendant declines to plead, a plea of not guilty shall be entered for the defendant and further proceedings had as set forth in sections 2937.09 to 2937.12 of the Revised Code.

(2) In cases of misdemeanor, the following pleas may be received:

(a) Guilty;

(b) Not guilty;

(c) No contest;

(d) Once in jeopardy, which includes the defenses of former conviction or former acquittal.

(B) Prior to accepting a plea of guilty or a plea of no contest under division (A) of this section, the court shall comply with sections 2943.031 and 2943.032 of the Revised Code and shall inform the defendant of the circumstances under which official records may be sealed under sections 2953.31 to 2953.36 of the Revised Code.

(C) Entry of any plea pursuant to this section shall constitute a waiver of any objection that could be taken advantage of by motion pursuant to section 2937.04 of the Revised Code.

Sec. 2947.07.  If a convicted defendant does not show sufficient cause as to why judgment should not be pronounced, the court shall first inform the defendant of the circumstances under which official records may be sealed under sections 2953.31 to 2953.36 of the Revised Code and then shall pronounce the judgment.

Sec. 2953.32.  (A)(1) Except as provided in section 2953.61 of the Revised Code, a first offender may apply to the sentencing court if convicted in this state, or to a court of common pleas if convicted in another state or in a federal court, for the sealing of the conviction record. Application may be made at the expiration of three years after the offender's final discharge if convicted of a felony, or at the expiration of one year after the offender's final discharge if convicted of a misdemeanor.

(2) Any person who has been arrested for any misdemeanor offense and who has effected a bail forfeiture may apply to the court in which the misdemeanor criminal case was pending when bail was forfeited for the sealing of the record of the case. Except as provided in section 2953.61 of the Revised Code, the application may be filed at any time after the expiration of one year from the date on which the bail forfeiture was entered upon the minutes of the court or the journal, whichever entry occurs first.

(B) Upon the filing of an application under this section, the court shall set a date for a hearing and shall notify the prosecutor for the case of the hearing on the application. The prosecutor may object to the granting of the application by filing an objection with the court prior to the date set for the hearing. The prosecutor shall specify in the objection the reasons for believing a denial of the application is justified. The court shall direct its regular probation officer, a state probation officer, or the department of probation of the county in which the applicant resides to make inquiries and written reports as the court requires concerning the applicant.

(C)(1) The court shall do each of the following:

(a) Determine whether the applicant is a first offender or whether the forfeiture of bail was agreed to by the applicant and the prosecutor in the case. If the applicant applies as a first offender pursuant to division (A)(1) of this section and has two or three convictions that result from the same indictment, information, or complaint, from the same plea of guilty, or from the same official proceeding, and result from related criminal acts that were committed within a three-month period but do not result from the same act or from offenses committed at the same time, in making its determination under this division, the court initially shall determine whether it is not in the public interest for the two or three convictions to be counted as one conviction. If the court determines that it is not in the public interest for the two or three convictions to be counted as one conviction, the court shall determine that the applicant is not a first offender; if the court does not make that determination, the court shall determine that the offender is a first offender.

(b) Determine whether criminal proceedings are pending against the applicant;

(c) If the applicant is a first offender who applies pursuant to division (A)(1) of this section, determine whether the applicant has been rehabilitated to the satisfaction of the court;

(d) If the prosecutor has filed an objection in accordance with division (B) of this section, consider the reasons against granting the application specified by the prosecutor in the objection;

(e) Weigh the interests of the applicant in having the records pertaining to the applicant's conviction sealed against the legitimate needs, if any, of the government to maintain those records.

(2) If the court determines, after complying with division (C)(1) of this section, that the applicant is a first offender or the subject of a bail forfeiture, that no criminal proceeding is pending against the applicant, and that the interests of the applicant in having the records pertaining to the applicant's conviction or bail forfeiture sealed are not outweighed by any legitimate governmental needs to maintain those records, and that the rehabilitation of an applicant who is a first offender applying pursuant to division (A)(1) of this section has been attained to the satisfaction of the court, the court, except as provided in divisions (G) and (H) of this section, shall order all official records pertaining to the case sealed and, except as provided in division (F) of this section, all index references to the case deleted and, in the case of bail forfeitures, shall dismiss the charges in the case. The proceedings in the case shall be considered not to have occurred and the conviction or bail forfeiture of the person who is the subject of the proceedings shall be sealed, except that upon conviction of a subsequent offense, the sealed record of prior conviction or bail forfeiture may be considered by the court in determining the sentence or other appropriate disposition, including the relief provided for in sections 2953.31 to 2953.33 of the Revised Code.

(3) If a court denies an application made under this section, the applicant may file a new application at any time after one year from the date of the denial.

(4) Upon the filing of an application under this section, the applicant, unless indigent, shall pay a fee of fifty dollars. The court shall pay thirty dollars of the fee into the state treasury. It shall pay twenty dollars of the fee into the county general revenue fund if the sealed conviction or bail forfeiture was pursuant to a state statute, or into the general revenue fund of the municipal corporation involved if the sealed conviction or bail forfeiture was pursuant to a municipal ordinance.

(D) Inspection of the sealed records included in the order may be made only by the following persons or for the following purposes:

(1) By a law enforcement officer or prosecutor, or the assistants of either, to determine whether the nature and character of the offense with which a person is to be charged would be affected by virtue of the person's previously having been convicted of a crime;

(2) By the parole or probation officer of the person who is the subject of the records, for the exclusive use of the officer in supervising the person while on parole or under a community control sanction or a post-release control sanction, and in making inquiries and written reports as requested by the court or adult parole authority;

(3) Upon application by the person who is the subject of the records, by the persons named in the application;

(4) By a law enforcement officer who was involved in the case, for use in the officer's defense of a civil action arising out of the officer's involvement in that case;

(5) By a prosecuting attorney or the prosecuting attorney's assistants, to determine a defendant's eligibility to enter a pre-trial diversion program established pursuant to section 2935.36 of the Revised Code;

(6) By any law enforcement agency or any authorized employee of a law enforcement agency or by the department of rehabilitation and correction as part of a background investigation of a person who applies for employment with the agency as a law enforcement officer or with the department as a corrections officer;

(7) By any law enforcement agency or any authorized employee of a law enforcement agency, for the purposes set forth in, and in the manner provided in, section 2953.321 of the Revised Code;

(8) By the bureau of criminal identification and investigation or any authorized employee of the bureau for the purpose of providing information to a board or person pursuant to division (F) or (G) of section 109.57 of the Revised Code;

(9) By the bureau of criminal identification and investigation or any authorized employee of the bureau for the purpose of performing a criminal history records check on a person to whom a certificate as prescribed in section 109.77 of the Revised Code is to be awarded;

(10) By the bureau of criminal identification and investigation or any authorized employee of the bureau for the purpose of conducting a criminal records check of an individual pursuant to division (B) of section 109.572 of the Revised Code that was requested pursuant to any of the sections identified in division (B)(1) of that section;

(11) By the bureau of criminal identification and investigation, an authorized employee of the bureau, a sheriff, or an authorized employee of a sheriff in connection with a criminal records check described in section 311.41 of the Revised Code;

(12) By the attorney general or an authorized employee of the attorney general or a court for purposes of determining a person's classification pursuant to Chapter 2950. of the Revised Code.

When the nature and character of the offense with which a person is to be charged would be affected by the information, it may be used for the purpose of charging the person with an offense.

(E) In any criminal proceeding, proof of any otherwise admissible prior conviction may be introduced and proved, notwithstanding the fact that for any such prior conviction an order of sealing previously was issued pursuant to sections 2953.31 to 2953.36 of the Revised Code.

(F) The person or governmental agency, office, or department that maintains sealed records pertaining to convictions or bail forfeitures that have been sealed pursuant to this section 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, agency, office, or department that has custody of the sealed records, and shall not contain the name of the crime committed. The index shall be made available by the person who has custody of the sealed records only for the purposes set forth in divisions (C), (D), and (E) of this section.

(G) Notwithstanding any provision of this section or section 2953.33 of the Revised Code 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 a conviction 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 a conviction 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 a conviction of an individual 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 conviction records of an individual that were the basis of a permanent exclusion of the individual is subject to section 2953.35 of the Revised Code.

(H) For purposes of sections 2953.31 to 2953.36 of the Revised Code, DNA records collected in the DNA database and fingerprints filed for record by the superintendent of the bureau of criminal identification and investigation shall not be sealed unless the superintendent receives a certified copy of a final court order establishing that the offender's conviction has been overturned. For purposes of this section, a court order is not "final" if time remains for an appeal or application for discretionary review with respect to the order.

Sec. 2953.321.  (A) As used in this section, "investigatory work product" means any records or reports of a law enforcement officer or agency that are excepted from the definition of "official records" contained in section 2953.51 of the Revised Code and that pertain to a case the records of which have been ordered sealed pursuant to division (C)(2) of section 2953.32 or division (E)(2) of section 2953.322 of the Revised Code.

(B) Upon the issuance of an order by a court pursuant to division (C)(2) of section 2953.32 or division (E)(2) of section 2953.322 of the Revised Code directing that all official records pertaining to a case be sealed:

(1) Every law enforcement officer who possesses investigatory work product immediately shall deliver that work product to the law enforcement officer's employing law enforcement agency.

(2) Except as provided in division (B)(3) of this section, every law enforcement agency that possesses investigatory work product shall close that work product to all persons who are not directly employed by the law enforcement agency and shall treat that work product, in relation to all persons other than those who are directly employed by the law enforcement agency, as if it did not exist and never had existed.

(3) A law enforcement agency that possesses investigatory work product may permit another law enforcement agency to use that work product in the investigation of another offense if the facts incident to the offense being investigated by the other law enforcement agency and the facts incident to an offense that is the subject of the case are reasonably similar. The agency that permits the use of investigatory work product may provide the other agency with the name of the person who is the subject of the case if it believes that the name of the person is necessary to the conduct of the investigation by the other agency.

(C)(1) Except as provided in division (B)(3) of this section, no law enforcement officer or other person employed by a law enforcement agency shall knowingly release, disseminate, or otherwise make the investigatory work product or any information contained in that work product available to, or discuss any information contained in it with, any person not employed by the employing law enforcement agency.

(2) No law enforcement agency, or person employed by a law enforcement agency, that receives investigatory work product pursuant to division (B)(3) of this section shall use that work product for any purpose other than the investigation of the offense for which it was obtained from the other law enforcement agency, or disclose the name of the person who is the subject of the work product except when necessary for the conduct of the investigation of the offense, or the prosecution of the person for committing the offense, for which it was obtained from the other law enforcement agency.

(3) It is not a violation of division (C)(1) or (2) of this section for the bureau of criminal identification and investigation or any authorized employee of the bureau participating in the investigation of criminal activity to release, disseminate, or otherwise make available to, or discuss with, a person directly employed by a law enforcement agency DNA records collected in the DNA database or fingerprints filed for record by the superintendent of the bureau of criminal identification and investigation.

(D) Whoever violates division (C)(1) or (2) of this section is guilty of divulging confidential investigatory work product, a misdemeanor of the fourth degree.

Sec. 2953.322. (A) Except as otherwise provided in division (C) of this section, a person who has not been convicted of or pleaded guilty to a felony in this state or any other jurisdiction, who is not a first offender under section 2953.31 of the Revised Code, who has been convicted of or pleaded guilty in this state to one or more misdemeanor offenses, and who for at least five years following the date of sentencing for the most recent misdemeanor offense has not been convicted of or pleaded guilty to a misdemeanor or felony offense in this or any other jurisdiction may apply to each court in which the person was convicted of or pleaded guilty to a misdemeanor offense for the sealing of the official records in that court of each case that is a subject of the application.

(B) Except as otherwise provided in division (C) of this section, a person who has been convicted of or pleaded guilty to one or more felony offenses in this state, whether or not the person has been convicted of or pleaded guilty to one or more misdemeanor offenses in this state, who is not a first offender under section 2953.31 of the Revised Code, and who for at least five years following the person's final discharge from the most recent conviction for a felony or misdemeanor offense has not been convicted of or pleaded guilty to a misdemeanor or felony offense in this or any other jurisdiction may apply to each court in which the person was convicted of or pleaded guilty to a felony or misdemeanor offense for the sealing of the official records in that court of each case that is a subject of the application.

(C) No person whose official records have been sealed pursuant to this section and who subsequently is convicted of or pleads guilty to a misdemeanor or felony offense in this or any other jurisdiction may apply again to any court in this state to have the person's official records sealed pursuant to this section.

(D) Upon the filing of an application under this section, the court shall set a date for a hearing and shall notify the prosecutor for each case of the hearing on the application. The prosecutor may object to the granting of the application by filing an objection with the court prior to the date set for the hearing. The prosecutor shall specify in the objection the reasons for believing a denial of the application is justified. The court shall direct its regular probation officer, a state probation officer, or the department of probation of the county in which the applicant resides to make inquiries and written reports as the court requires concerning the applicant.

(E)(1) The court shall do each of the following:

(a) Determine whether the applicant has been charged with the commission of, convicted of, or pleaded guilty to any offense in this state or any other jurisdiction since the applicant's final discharge from all offenses;

(b) Determine whether the applicant has been rehabilitated to the satisfaction of the court;

(c) If the prosecutor has filed an objection in accordance with division (D) of this section, consider the reasons against granting the application specified by the prosecutor in the objection;

(d) Weigh the interests of the applicant in having the official records pertaining to the applicant's conviction or bail forfeiture sealed against the legitimate needs, if any, of the government to maintain those records.

(2) If the court determines, after complying with division (E)(1) of this section that the applicant has not been charged with the commission of, convicted of, or pleaded guilty to any offense in this state or any other jurisdiction, whichever is applicable, since the date of sentencing or final discharge from those offenses, whichever is applicable, and that the interests of the applicant in having the official records pertaining to the applicant's conviction sealed are not outweighed by any legitimate governmental needs to maintain those records, and that the rehabilitation of the applicant has been attained to the satisfaction of the court, the court, except as provided in division (I) of this section, shall order all official records pertaining to the cases sealed and, except as provided in division (H) of this section, all index references to the cases deleted. The proceedings in the cases shall be considered not to have occurred, and the convictions of the person who is the subject of the proceedings shall be sealed, except that upon conviction of a subsequent offense, the sealed record of prior convictions may be considered by the court in determining the sentence or other appropriate disposition.

(3) Upon the filing of an application under this section, the applicant, unless indigent, shall pay a fee of fifty dollars. The court shall pay thirty dollars of the fee into the state treasury. It shall pay twenty dollars of the fee into the county general revenue fund if the sealed conviction was pursuant to a state statute, or into the general revenue fund of the municipal corporation involved if the sealed conviction was pursuant to a municipal ordinance.

(F) Inspection of the sealed records included in the order may be made only by the persons or for the purposes specified in division (D) of section 2953.32 of the Revised Code.

(G) In any criminal proceeding, proof of any otherwise admissible prior conviction may be introduced and proved, notwithstanding the fact that for any such prior conviction an order of sealing previously was issued pursuant to this section.

(H) The person or governmental agency, office, or department that maintains sealed records pertaining to convictions that have been sealed pursuant to this section 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, agency, office, or department that has custody of the sealed records and shall not contain the name of the crime committed. The index shall be made available by the person who has custody of the sealed records only for the purposes set forth in divisions (E), (F), and (G) of this section.

(I) 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 a conviction 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 a conviction 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 a conviction of an individual 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 conviction records of an individual that were the basis of a permanent exclusion of the individual is subject to section 2953.35 of the Revised Code.

Sec. 2953.33.  (A) Except as provided in division (G) of section 2953.32 and division (I) of section 2953.322 of the Revised Code, an order to seal the record of a person's conviction restores the person who is the subject of the order to all rights and privileges not otherwise restored by termination of the sentence or community control sanction or by final release on parole or post-release control.

(B) In any application for employment, a license, or other right or privilege, any appearance as a witness, or any other inquiry that is not related to an application for employment, except as provided in division (E) of section 2953.32, in division (G) of section 2953.322, and in section 3319.292 of the Revised Code, a person may be questioned only with respect to convictions not sealed, bail forfeitures not expunged under section 2953.42 of the Revised Code as it existed prior to June 29, 1988, and bail forfeitures not sealed, unless the question bears a direct and substantial relationship to the position for which the person is being considered.

(C)(1) Except as provided in division (C)(2) of this section, an employer may not inquire into or consider the criminal record or criminal history of an applicant for employment until the applicant has been selected for an interview by the employer. At an initial interview, an employer may ask an applicant about the applicant's criminal record or criminal history but may not require the applicant to respond. An employer may not request a criminal records check of an applicant until after the initial interview.

(2) Division (C)(1) of this section does not apply to the department of rehabilitation and correction or to any employer that has a statutory duty to conduct a criminal records check or otherwise take into consideration a potential employee's criminal history during the hiring process.

(3) Division (C)(1) of this section does not prohibit an employer from notifying applicants that law or the employer's policy will disqualify an individual with a particular criminal history background from employment in particular positions.

(4) Except as otherwise provided in this division, no employer may refuse to hire an applicant for employment solely because of the applicant's criminal history unless the applicant has been convicted of or pleaded guilty to an offense that is directly related to the position for which the applicant has applied. Division (C)(4) of this section does not apply to the department of rehabilitation and correction or to any employer that has a statutory right or obligation to refuse to hire a person because of the person's criminal history.

Sec. 2953.35.  (A) Except as authorized by divisions (D), (E), and (F) of section 2953.32 of the Revised Code, by divisions (F), (G), and (H) of section 2953.322 of the Revised Code, or by Chapter 2950. of the Revised Code, any officer or employee of the state, or a political subdivision of the state, who releases or otherwise disseminates or makes available for any purpose involving employment, bonding, or licensing in connection with any business, trade, or profession to any person, or to any department, agency, or other instrumentality of the state, or any political subdivision of the state, any information or other data concerning any arrest, complaint, indictment, trial, hearing, adjudication, conviction, or correctional supervision the records with respect to which the officer or employee had knowledge of were sealed by an existing order issued pursuant to sections 2953.31 to 2953.36 of the Revised Code, or were expunged by an order issued pursuant to section 2953.42 of the Revised Code as it existed prior to June 29, 1988, is guilty of divulging confidential information, a misdemeanor of the fourth degree.

(B) Any person who, in violation of section 2953.32 of the Revised Code, uses, disseminates, or otherwise makes available any index prepared pursuant to division (F) of section 2953.32 or division (H) of section 2953.322 of the Revised Code is guilty of a misdemeanor of the fourth degree.

(C)(1) Within thirty days after the entry of an order sealing official records issued pursuant to section 2953.32, 2953.322, or 2953.52 of the Revised Code, any private individual, business organization, or other nongovernmental entity having records that include information concerning any arrest, complaint, indictment, trial, hearing, adjudication, conviction, or correctional supervision derived from or in substance identical to information in the official records that have been ordered sealed shall delete the information from the records or destroy the records.

(2) No private individual, business organization, or other nongovernmental entity, more than thirty days after the entry of an order sealing official records issued pursuant to section 2953.32, 2953.322, or 2953.52 of the Revised Code, shall knowingly release or otherwise disseminate or make available for any purpose information concerning any arrest, complaint, indictment, trial, hearing, adjudication, conviction, or correctional supervision that is included in the official records that have been ordered sealed.

(3)(a) Whoever violates division (C)(1) of this section is guilty of releasing sealed records and shall be fined two hundred fifty thousand dollars.

(b) Except as provided in division (C)(3)(c) of this section, whoever violates division (C)(2) of this section is guilty of releasing sealed records and shall be fined five hundred thousand dollars.

(c) Whoever violates division (C)(2) of this section by knowingly releasing or otherwise disseminating or making available information over the internet is guilty of releasing sealed records and shall be fined one million dollars.

(D) It is not a violation of this section for the bureau of criminal identification and investigation or any authorized employee of the bureau participating in the investigation of criminal activity to release, disseminate, or otherwise make available to, or discuss with, a person directly employed by a law enforcement agency DNA records collected in the DNA database or fingerprints filed for record by the superintendent of the bureau of criminal identification and investigation.

Sec. 2953.36.  Sections 2953.31 to 2953.35 of the Revised Code do not apply to any of the following:

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

(B) Convictions under section 2907.02, 2907.03 2905.05, 2907.04, 2907.05, 2907.06, 2907.21, 2907.321, 2907.322, or 2907.323, 2909.09, 2909.10, 2909.101, 2923.131, 2923.162, or 2927.24, division (B) of section 2907.24, division (B) of section 2907.25, division (B) of section 2909.26, division (B) of section 2919.22, or former section 2907.12, or Chapter 4507., 4510., 4511., or 4549. of the Revised Code, or a conviction for a violation of a municipal ordinance that is substantially similar to any section contained in any of those chapters;

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

(D)(C) Convictions on or after the effective date of this amendment October 10, 2007, under section 2907.07 of the Revised Code or a conviction on or after the effective date of this amendment for a violation of a municipal ordinance that is substantially similar to that section;

(E)(D) Convictions on or after the effective date of this amendment October 10, 2007, under section 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.31, 2907.311, 2907.32, or 2907.33 of the Revised Code when the victim of the offense was under eighteen years of age;

(F) Convictions of an offense in circumstances in which the victim of the offense was under eighteen years of age when the offense is a misdemeanor of the first degree or a felony;

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

(H) Bail forfeitures in a traffic case as defined in Traffic Rule 2.

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

(2) Any person, or against whom a no bill is entered by a grand jury, may apply to the court for an order to seal his official records in the case. Except as provided in section 2953.61 of the Revised Code, the application may be filed at any time after the expiration of two years after the date on which the foreman or deputy foreman of the grand jury reports to the court that the grand jury has reported a no bill. Except in a case in which the complaint, indictment, or information is dismissed without prejudice, the court shall issue the order upon the expiration of the time to take an appeal in the case if an appeal is not taken or upon final determination of the appeal sustaining a finding of not guilty or a dismissal in the case if an appeal is taken. In a case in which the complaint, indictment, or information is dismissed without prejudice, the court shall not issue the order with regard to the dismissed complaint, indictment, or information if the complaint or information is refiled or the person is reindicted before the expiration of the period of limitation for the offense that is the basis of the case.

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

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

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

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

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

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

(3) If the court determines, after complying with division (B)(2) of this section, that the person was found not guilty in the case, that the complaint, indictment, or information in the case was dismissed, or that a no bill was returned in the case and that the appropriate period of time has expired from the date of the report to the court of the no bill by the foreman or deputy foreman of the grand jury; that no criminal proceedings are pending against the person; and the interests of the person in having the records pertaining to the case sealed are not outweighed by any legitimate governmental needs to maintain such records, or if division (E)(2)(b) of section 4301.69 of the Revised Code applies, the court shall issue an order directing that all official records pertaining to the case be sealed and that, except Division (A) of this section does not apply to either of the following:

(1) Any record pertaining to a case in which the defendant was found not guilty by reason of insanity;

(2) Any record pertaining to a case in which there was an intervention in lieu of conviction under section 2951.041 of the Revised Code.

(C) Except as provided in section 2953.53 of the Revised Code, the proceedings in the a case in which the official records have been sealed pursuant to this section shall be deemed not to have occurred.

(D) Any person who before the effective date of this amendment was found not guilty in a case, was the defendant named in a complaint, indictment, or information in a case that was dismissed, or was the person against whom a no bill was entered in a case by a grand jury may at any time apply to the court for an order to seal the person's official records in the case. The person shall make the application in writing, shall sign and acknowledge it before a notary public, and shall include in the application a case number or other information from which the court may readily identify the case to which the application pertains. Upon receipt of an application that complies with this division, a determination that the applicant is authorized by this division to file the application, and a determination that the applicant would have been entitled to an order sealing the official records in the case if the applicant had been found not guilty, the complaint, indictment, or information had been dismissed, or the grand jury had entered a no bill after the effective date of this amendment, the court shall issue an order sealing the applicant's official records in the case.

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

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

(C) An order to seal The requirement that the official records issued of a person in a case be sealed pursuant to section 2953.52 of the Revised Code applies to every public office or agency that has a record of the case that is the subject of the order, regardless of whether it receives notice of the hearing on the application for the order to seal sealing of the official records or receives a copy of the order to seal the official records written request to comply with section 2953.52 of the Revised Code pursuant to division (A) or (B) of this section.

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

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

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

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

(3) To a In a case in which the complaint, indictment, or information is dismissed without prejudice, to the complainant, the prosecuting attorney, or the prosecuting attorney's assistants to determine a defendant's eligibility to enter a pre-trial diversion program established pursuant to section 2935.36 of the Revised Code;

(4) To a prosecuting attorney or the prosecuting attorney's assistants to determine a defendant's eligibility to enter a pre-trial diversion program under division (E)(2)(b) of section 4301.69 of the Revised Code for the purpose of refiling the complaint or information or reindicting the person.

Sec. 2953.54.  (A) Except as otherwise provided in Chapter 2950. of the Revised Code, upon the issuance of an order by a court under division (B) (A) or (D) of section 2953.52 of the Revised Code directing that all official records pertaining to a case be sealed and that the proceedings in the case be deemed not to have occurred:

(1) Every law enforcement officer possessing records or reports pertaining to the case that are the officer's specific investigatory work product and that are excepted from the definition of "official records" contained in section 2953.51 of the Revised Code shall immediately deliver the records and reports to the officer's employing law enforcement agency. Except as provided in division (A)(3) of this section, no such officer shall knowingly release, disseminate, or otherwise make the records and reports or any information contained in them available to, or discuss any information contained in them with, any person not employed by the officer's employing law enforcement agency.

(2) Every law enforcement agency that possesses records or reports pertaining to the case that are its specific investigatory work product and that are excepted from the definition of "official records" contained in section 2953.51 of the Revised Code, or that are the specific investigatory work product of a law enforcement officer it employs and that were delivered to it under division (A)(1) of this section shall, except as provided in division (A)(3) of this section, close the records and reports to all persons who are not directly employed by the law enforcement agency and shall, except as provided in division (A)(3) of this section, treat the records and reports, in relation to all persons other than those who are directly employed by the law enforcement agency, as if they did not exist and had never existed. Except as provided in division (A)(3) of this section, no person who is employed by the law enforcement agency shall knowingly release, disseminate, or otherwise make the records and reports in the possession of the employing law enforcement agency or any information contained in them available to, or discuss any information contained in them with, any person not employed by the employing law enforcement agency.

(3) A law enforcement agency that possesses records or reports pertaining to the case that are its specific investigatory work product and that are excepted from the definition of "official records" contained in division (D) of section 2953.51 of the Revised Code, or that are the specific investigatory work product of a law enforcement officer it employs and that were delivered to it under division (A)(1) of this section may permit another law enforcement agency to use the records or reports in the investigation of another offense, if the facts incident to the offense being investigated by the other law enforcement agency and the facts incident to an offense that is the subject of the case are reasonably similar. The agency that provides the records and reports may provide the other agency with the name of the person who is the subject of the case, if it believes that the name of the person is necessary to the conduct of the investigation by the other agency.

No law enforcement agency, or person employed by a law enforcement agency, that receives from another law enforcement agency records or reports pertaining to a case the records of which have been ordered sealed pursuant to division (B) of section 2953.52 of the Revised Code shall use the records and reports for any purpose other than the investigation of the offense for which they were obtained from the other law enforcement agency, or disclose the name of the person who is the subject of the records or reports except when necessary for the conduct of the investigation of the offense, or the prosecution of the person for committing the offense, for which they were obtained from the other law enforcement agency.

(B) Whoever violates division (A)(1), (2), or (3) of this section is guilty of divulging confidential information, a misdemeanor of the fourth degree.

(C) It is not a violation of this section for the bureau of criminal identification and investigation or any authorized employee of the bureau participating in the investigation of criminal activity to release, disseminate, or otherwise make available to, or discuss with, a person directly employed by a law enforcement agency DNA records collected in the DNA database or fingerprints filed for record by the superintendent of the bureau of criminal identification and investigation.

Sec. 2953.61.  When a person is charged with two or more offenses as a result of or in connection with the same act and at least one of the charges has a final disposition that is different than the final disposition of the other charges, the person may not apply to the court for the sealing of his person's official record shall not be sealed in any of the cases until such time as he would be able to apply to the court and have all of the records in all each of the cases pertaining to those charges may be or would otherwise be required to be sealed pursuant to divisions (A)(1) and (2) of section 2953.32 and divisions (A)(1) and (2) of section 2953.52 of the Revised Code.

Section 2.  That existing sections 2937.06, 2947.07, 2953.32, 2953.321, 2953.33, 2953.35, 2953.36, 2953.52, 2953.53, 2953.54, and 2953.61 of the Revised Code are hereby repealed.