OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 234* Bill Analysis
135th General Assembly
Click here for H.B. 234’s Fiscal Note
Version: As Reported by Senate Judiciary
Primary Sponsors: Reps. Williams and Rogers, Jr.
Effective date:
Nicholas A. Keller, Attorney
Christopher Glass, Attorney
SUMMARY
Alford pleas
▪ Prohibits a court, when determining an appropriate sentence when an offender enters
an Alford plea, from considering whether an offender showed genuine remorse for an
offense.
Sealing and expungement
▪ Allows for multiple third degree felonies to be treated as a single conviction for
purposes of sealing and expungement under certain circumstances.
▪ Eliminates eligibility for sealing or expungement of a conviction for theft in office.
▪ Allows an offender to seal, but not expunge, a conviction record for third degree
misdemeanor domestic violence or a conviction record for violating a protection order.
Suspension of local officials
▪ Renames the defined term “prosecuting attorney” to “prosecuting officer” and expands
the term to include the Attorney General and special prosecutors.
▪ Permits federal prosecutors to serve as prosecuting officers at the federal prosecutor’s
own volition.
▪ Establishes what constitutes a period of time under the provision.
* This analysis was prepared before the report of the Senate Judiciary Committee appeared in the
Senate Journal. Note that the legislative history may be incomplete.
December 4, 2024
Office of Research and Drafting LSC Legislative Budget Office
▪ Changes the recipient of certain documents and notices from the Chief Justice of the
Supreme Court to the Clerk of the Supreme Court.
DETAILED ANALYSIS
Sealing and expungement
The bill makes several changes that affect the eligibility of offenses for sealing or
expungement under Ohio’s Sealing and Expungement Law.1
Multiple third degree felonies
Continuing law prohibits the sealing or expungement of a third degree felony conviction
if the offender has more than one other conviction of any felony or if the offender has exactly
two third degree felony convictions and has more convictions in total than those two third
degree felony convictions and two misdemeanor convictions.2
The bill requires multiple convictions to be treated as a single conviction for purposes of
sealing and expungement eligibility if the convictions result from or are connected with the
same act or result from offenses committed at the same time.3
The bill also allows for two or three convictions to be treated as a single conviction for
purposes of sealing and expungement eligibility when those convictions 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. But
this provision does not apply if the court determines that counting the two or three convictions
as one conviction would not be in the public interest.4
Theft in office
The bill adds the offense of “theft in office” to the list of convictions that are not eligible
for sealing or expungement under continuing law.5
Domestic violence and violating a protection order
Existing law generally prohibits the sealing or expungement of domestic violence
convictions but allows for the sealing but not expungement of a fourth degree misdemeanor
domestic violence conviction. The bill expands eligibility for sealing but not expungement to
1 R.C. 2953.32.
2 R.C. 2953.32(A)(1)(h).
3 R.C. 2953.32(A)(1)(h) and (3)(a).
4 R.C. 2953.32(A)(3)(b) and (D)(1)(i).
5 R.C. 2953.32(A)(1)(e) and 2921.41, not in the bill.
P a g e |2 H.B. 234
As Reported by Senate Judiciary
Office of Research and Drafting LSC Legislative Budget Office
include third degree misdemeanor convictions of domestic violence and convictions for
violating a protection order.6
Use of Alford plea in felony sentencing
Existing law gives a court that imposes a felony sentence upon an offender discretion to
determine the most effective way to comply with the purposes and principles of felony
sentencing. In exercising that discretion, the court must consider certain factors, including
factors related to the seriousness of the conduct and related to the likelihood of the offender’s
recidivism. The bill includes a requirement that the court consider the factors related to Alford
pleas.7
Under existing law, one factor that a court imposing a felony sentence must consider
when determining whether an offender is likely or not likely to commit future crimes is if the
offender shows genuine remorse for the offense.8 The bill provides that, if an offender enters
an Alford plea, the court is prohibited from considering whether the offender showed genuine
remorse for the offense.9
Use of Alford plea in misdemeanor sentencing
Existing law gives a court that imposes a misdemeanor sentence upon an offender
discretion to determine the most effective way to comply with the purposes and principles of
misdemeanor sentencing.10 In exercising that discretion, the court must consider certain
factors, including the nature and circumstances of the offense or offenses, whether the
offender has a history of persistent criminal activity and if there is a substantial risk that the
offender will commit another offense, and whether the offender will be a danger to others. 11
The bill provides that, in determining the appropriate sentence for a misdemeanor, if the
offender enters an Alford plea, the sentencing court is prohibited from considering whether the
offender showed genuine remorse for the offense.12
Suspension of local officials
Under continuing law, a prosecuting attorney of a county must initiate a process to
suspend a local official if that official is charged with a felony in connection with their official
duties. The bill extends this duty to the Attorney General and special prosecutors designated by
6 R.C. 2953.32(A)(1)(g) and (2) and 2919.27, not in the bill.
7R.C. 2929.12(A); an Alford plea is a guilty plea entered by a criminal defendant who does not admit
guilt but nevertheless pleads guilty as part of a plea bargain.
8 R.C. 2929.12(E)(5).
9 R.C. 2929.12(G).
10 R.C. 2929.22(A).
11
R.C. 2929.22(B)(1).
12
R.C. 2929.22(B)(2).
P a g e |3 H.B. 234
As Reported by Senate Judiciary
Office of Research and Drafting LSC Legislative Budget Office
the county prosecuting attorney. The bill also permits a federal prosecutor to initiate the
suspension process at the federal prosecutor’s discretion.
Under continuing law, certain events, such as the receipt by the Supreme Court of a
request to begin suspension proceedings, trigger other actions or options that must or may be
completed within a certain number of days. The bill specifies that periods of time prescribed
under the section do not begin to run until the day after the event that triggers the period. The
bill further specifies that periods of time prescribed under the section do include the last day of
period, unless the last day of the period is a Saturday, Sunday, or legal holiday, in which case
the period runs on the next day that is not a Saturday, Sunday, or legal holiday.
The bill changes the recipient of certain documents to the Clerk of the Supreme Court of
Ohio. Under existing law, certain documents must be transmitted to the Chief Justice of the
Supreme Court of Ohio.13
HISTORY
Action Date
Introduced 06-30-23
Reported, H. Criminal Justice 04-24-24
Passed House (90-0) 05-08-24
Reported, S. Judiciary ---
anhb0234rs-135/ks
13 R.C. 3.16.
P a g e |4 H.B. 234
As Reported by Senate Judiciary


Statutes affected:
As Introduced: 2929.12, 2929.22
As Reported By House Committee: 2929.12, 2929.22
As Passed By House: 2929.12, 2929.22