As Introduced
135th General Assembly
Regular Session H. B. No. 608
2023-2024
Representative Williams
A BILL
To amend sections 2953.33, 2953.34, and 2953.61 and 1
to enact section 2953.331 of the Revised Code to 2
reduce the requirements for sealing or 3
expungement of records in a case where the 4
defendant was acquitted or found not guilty. 5
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2953.33, 2953.34, and 2953.61 be 6
amended and section 2953.331 of the Revised Code be enacted to 7
read as follows: 8
Sec. 2953.33. (A)(1) Any person, who is found not guilty 9
of an offense by a jury or a court or who is the defendant named 10
in a dismissed complaint, indictment, or information, may apply 11
to the court for an order to seal or, except as provided in 12
division (C) of this section, expunge the person's official 13
records in the case. Except as provided in section 2953.61 of 14
the Revised Code, the application may be filed at any time after 15
the finding of not guilty or the dismissal of the complaint, 16
indictment, or information is entered upon the minutes of the 17
court or the journal, whichever entry occurs first. 18
(2) Any person, against whom a no bill is entered by a 19
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As Introduced
grand jury, may apply to the court for an order to seal or, 20
except as provided in division (C) of this section, expunge the 21
person's official records in the case. Except as provided in 22
section 2953.61 of the Revised Code, the application may be 23
filed at any time after the expiration of two years after the 24
date on which the foreperson or deputy foreperson of the grand 25
jury reports to the court that the grand jury has reported a no 26
bill. 27
(3) Any person who is granted by the governor under 28
division (B) of section 2967.02 of the Revised Code an absolute 29
and entire pardon, a partial pardon, or a pardon upon conditions 30
precedent or subsequent may apply to the court for an order to 31
seal the person's official records in the case in which the 32
person was convicted of the offense for which any of those types 33
of pardons are granted. The application may be filed at any time 34
after an absolute and entire pardon or a partial pardon is 35
granted or at any time after all of the conditions precedent or 36
subsequent to the pardon are met. 37
(B)(1) Upon the filing of an application pursuant to 38
division (A) of this section, the court shall set a date for a 39
hearing and shall notify the prosecutor in the case of the 40
hearing on the application. The court shall hold the hearing not 41
less than forty-five days and not more than ninety days from the 42
date of the filing of the application. The prosecutor may object 43
to the granting of the application by filing a written objection 44
with the court not later than thirty days prior to the date set 45
for the hearing. The prosecutor shall specify in the objection 46
the reasons the prosecutor believes justify a denial of the 47
application. 48
(2) The court shall do each of the following, except as 49
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provided in division (B)(3) of this section: 50
(a)(i) Determine whether the person was found not guilty 51
in the case, or the complaint, indictment, or information in the 52
case was dismissed, or a no bill was returned in the case and a 53
period of two years or a longer period as required by section 54
2953.61 of the Revised Code has expired from the date of the 55
report to the court of that no bill by the foreperson or deputy 56
foreperson of the grand jury; 57
(ii) If the complaint, indictment, or information in the 58
case was dismissed, determine whether it was dismissed with 59
prejudice or without prejudice and, if it was dismissed without 60
prejudice, determine whether the relevant statute of limitations 61
has expired; 62
(b) Determine whether criminal proceedings are pending 63
against the person; 64
(c) If the prosecutor has filed an objection in accordance 65
with division (B)(1) of this section, consider the reasons 66
against granting the application specified by the prosecutor in 67
the objection; 68
(d) If the person was granted a pardon upon conditions 69
precedent or subsequent for the offense for which the person was 70
convicted, determine whether all of those conditions have been 71
met; 72
(e) Weigh the interests of the person in having the 73
official records pertaining to the case sealed or expunged, as 74
applicable, against the legitimate needs, if any, of the 75
government to maintain those records. 76
(3) If the court determines after complying with division 77
(B)(2)(a) of this section that the person was found not guilty 78
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in the case, that the complaint, indictment, or information in 79
the case was dismissed with prejudice, that the complaint, 80
indictment, or information in the case was dismissed without 81
prejudice and that the relevant statute of limitations has 82
expired, or that the individual was granted by the governor an 83
absolute and entire pardon, a partial pardon, or a pardon upon 84
conditions precedent or subsequent that have been met, the court 85
shall issue an order to the superintendent of the bureau of 86
criminal identification and investigation directing that the 87
superintendent expunge or seal or cause to be sealed, as 88
applicable, the official records in the case consisting of DNA 89
specimens that are in the possession of the bureau and all DNA 90
records and DNA profiles. The determinations and considerations 91
described in divisions (B)(2)(b), (c), and (e) of this section 92
do not apply with respect to a determination of the court 93
described in this division. 94
(4) The determinations described in this division are 95
separate from the determination described in division (B)(3) of 96
this section. If the court determines, after complying with 97
division (B)(2) of this section, that the person was found not 98
guilty in the case, that the complaint, indictment, or 99
information in the case was dismissed, the individual was 100
granted by the governor an absolute and entire pardon, a partial 101
pardon, or a pardon upon conditions precedent or subsequent that 102
have been met, or that a no bill was returned in the case and 103
that the appropriate period of time has expired from the date of 104
the report to the court of the no bill by the foreperson or 105
deputy foreperson of the grand jury; that no criminal 106
proceedings are pending against the person; and the interests of 107
the person in having the records pertaining to the case sealed 108
or expunged, as applicable, are not outweighed by any legitimate 109
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governmental needs to maintain such records, or if division (E) 110
(2)(b) of section 4301.69 of the Revised Code applies, in 111
addition to the order required under division (B)(3) of this 112
section, the court shall issue an order directing that all 113
official records pertaining to the case be sealed or expunged, 114
as applicable, and that, except as provided in section 2953.34 115
of the Revised Code, the proceedings in the case be deemed not 116
to have occurred. 117
(5) Any DNA specimens, DNA records, and DNA profiles 118
ordered to be sealed or expunged under this section shall not be 119
sealed or expunged if the person with respect to whom the order 120
applies is otherwise eligible to have DNA records or a DNA 121
profile in the national DNA index system. 122
(C)(1) A person who is the defendant named in a dismissed 123
complaint, indictment, or information or against whom a no bill 124
is entered by a grand jury is not entitled to have records of 125
the case expunged under this section if the case involves any of 126
the following offenses: 127
(a) A violation of any section contained in Chapter 4506., 128
4507., 4510., 4511., or 4549. of the Revised Code, or a 129
violation of a municipal ordinance that is substantially similar 130
to any section contained in any of those chapters; 131
(b) A felony offense of violence that is not a sexually 132
oriented offense; 133
(c) A sexually oriented offense when the offender is 134
subject to the requirements of Chapter 2950. of the Revised Code 135
or Chapter 2950. of the Revised Code as it existed prior to 136
January 1, 2008; 137
(d) An offense involving a victim who is less than 138
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thirteen years of age, except for an offense under section 139
2919.21 of the Revised Code; 140
(e) A felony of the first or second degree; 141
(f) A violation of section 2919.25 or 2919.27 of the 142
Revised Code or a violation of a municipal ordinance that is 143
substantially similar to either section; 144
(g) A violation that is a felony of the third degree if 145
the person has more than one prior conviction of any felony or, 146
if the person has exactly one prior conviction of a felony of 147
the third degree, the person has more prior convictions in total 148
than a third degree felony conviction and two misdemeanor 149
convictions. 150
(2) As used in division (C) of this section, "sexually 151
oriented offense" has the same meaning as in section 2950.01 of 152
the Revised Code. 153
Sec. 2953.331. (A) Except as provided in section 2953.61 154
of the Revised Code, any person who is found not guilty of an 155
offense by a jury or a court may apply to the court for an order 156
to seal or expunge the person's official records in the case. A 157
request for sealing or expungement under this section may be 158
made at any time after the finding of not guilty is made by the 159
jury or court. 160
(B) Upon a request for sealing or expungement of official 161
records that complies with division (A) of this section, the 162
court shall determine whether the person was found not guilty in 163
the case. If the court determines that the person was found not 164
guilty, the court shall do all of the following: 165
(1) Issue an order to the superintendent of the bureau of 166
criminal identification and investigation directing that the 167
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superintendent expunge or seal or cause to be sealed, as 168
applicable, the official records in the case consisting of DNA 169
specimens that are in the possession of the bureau and all DNA 170
records and DNA profiles; 171
(2) Issue an order directing that all official records 172
pertaining to the case be sealed or expunged, as applicable, and 173
that, except as provided in section 2953.34 of the Revised Code, 174
the proceedings in the case be deemed not to have occurred. 175
(C) Any DNA specimens, DNA records, and DNA profiles 176
ordered to be sealed or expunged under this section shall not be 177
sealed or expunged if the person with respect to whom the order 178
applies is otherwise eligible to have DNA records or a DNA 179
profile in the national DNA index system. 180
Sec. 2953.34. (A) Inspection of the sealed records 181
included in a sealing order may be made only by the following 182
persons or for the following purposes: 183
(1) By a law enforcement officer or prosecutor, or the 184
assistants of either, to determine whether the nature and 185
character of the offense with which a person is to be charged 186
would be affected by virtue of the person's previously having 187
been convicted of a crime; 188
(2) By the parole or probation officer of the person who 189
is the subject of the records, for the exclusive use of the 190
officer in supervising the person while on parole or under a 191
community control sanction or a post-release control sanction, 192
and in making inquiries and written reports as requested by the 193
court or adult parole authority; 194
(3) Upon application by the person who is the subject of 195
the records or a legal representative of that person, by the 196
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persons named in the application; 197
(4) By a law enforcement officer who was involved in the 198
case, for use in the officer's defense of a civil action arising 199
out of the officer's involvement in that case; 200
(5) By a prosecuting attorney or the prosecuting 201
attorney's assistants, to determine a defendant's eligibility to 202
enter a pre-trial diversion program established pursuant to 203
section 2935.36 of the Revised Code; 204
(6) By any law enforcement agency or any authorized 205
employee of a law enforcement agency or by the department of 206
rehabilitation and correction or department of youth services as 207
part of a background investigation of a person who applies for 208
employment with the agency or with the department; 209
(7) By any law enforcement agency or any authorized 210
employee of a law enforcement agency, for the purposes set forth 211
in, and in the manner provided in, division (I) of section 212
2953.34 of the Revised Code; 213
(8) By the bureau of criminal identification and 214
investigation or any authorized employee of the bureau for the 215
purpose of providing information to a board or person pursuant 216
to division (F) or (G) of section 109.57 of the Revised Code; 217
(9) By the bureau of criminal identification and 218
investigation or any authorized employee of the bureau for the 219
purpose of performing a criminal history records check on a 220
person to whom a certificate as prescribed in section 109.77 of 221
the Revised Code is to be awarded;