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

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

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

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

(B)(2) Convictions under section 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.321, 2907.322, or 2907.323, 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)(3) 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)(4) Convictions on or after October 10, 2007, under section 2907.07 of the Revised Code or a conviction on or after October 10, 2007, for a violation of a municipal ordinance that is substantially similar to that section;

(E)(5) Convictions on or after 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)(6) 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, except for convictions under section 2919.21 of the Revised Code;

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

(H)(8) Bail forfeitures in a traffic case as defined in Traffic Rule 2.

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

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

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

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