SB 418

As Introduced
136th General Assembly
   Regular Session  S. B. No. 418
       2025-2026
  Senator Reynolds
  To amend sections 2953.32 and 2953.34 and to enact  1
  sections 2953.322 and 2953.323 of the Revised  2
  Code to enact the Grow Act to allow for the  3
  expedited sealing of certain criminal records.  4
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
     Section 1. That sections 2953.32 and 2953.34 be amended  5
and sections 2953.322 and 2953.323 of the Revised Code be  6
enacted to read as follows:  7
     Sec. 2953.32. (A)(1) Sections 2953.32 to 2953.34 of the  8
Revised Code do not apply to any of the following:  9
     (a) Convictions under Chapter 4506., 4507., 4510., 4511.,  10
or 4549. of the Revised Code, or a conviction for a violation of       11
a municipal ordinance that is substantially similar to any  12
section contained in any of those chapters;  13
     (b) Convictions of a felony offense of violence that is  14
not a sexually oriented offense;  15
     (c) Convictions of a sexually oriented offense when the  16
offender is subject to the requirements of Chapter 2950. of the        17
Revised Code or Chapter 2950. of the Revised Code as it existed        18
prior to January 1, 2008;  19
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As Introduced
        (d) Convictions of an offense in circumstances in which  20
the victim of the offense was less than thirteen years of age,  21
except for convictions under section 2919.21 of the Revised  22
Code;  23
        (e) Convictions of a felony of the first or second degree;  24
        (f) Except as provided in division (A)(2) of this section,  25
convictions for a violation of section 2919.25 or 2919.27 of the  26
Revised Code or a conviction for a violation of a municipal  27
ordinance that is substantially similar to either section;  28
        (g) Convictions of a felony of the third degree if the  29
offender has more than one other conviction of any felony or, if  30
the person has exactly two convictions of a felony of the third  31
degree, has more convictions in total than those two third  32
degree felony convictions and two misdemeanor convictions.  33
        (2) Sections 2953.32 to 2953.34 of the Revised Code apply  34
to a conviction for a violation of section 2919.25 of the  35
Revised Code that is a misdemeanor of the fourth degree for  36
purposes of sealing, but not for purposes of expungement of the  37
record of the case.  38
        (B)(1) Except as provided in section 2953.61 of the  39
Revised Code or as otherwise provided in division (B)(1)(a)(iii)  40
of this section, an eligible offender may apply to the  41
sentencing court if convicted in this state, or to a court of  42
common pleas if convicted in another state or in a federal  43
court, for the sealing or expungement of the record of the case  44
that pertains to the conviction, except for convictions listed  45
in division (A)(1) of this section. Application may be made at  46
whichever of the following times is applicable regarding the  47
offense:  48
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As Introduced
        (a) An application for sealing under this section may be  49
made at whichever of the following times is applicable regarding  50
the offense:  51
        (i) Except as otherwise provided in division (B)(1)(a)(iv)  52
of this section, at the expiration of three years after the  53
offender's final discharge if convicted of one or two felonies  54
of the third degree, so long as none of the offenses is a  55
violation of section 2921.43 of the Revised Code;  56
        (ii) Except as otherwise provided in division (B)(1)(a)  57
(iv) of this section, at the expiration of one year after the  58
offender's final discharge if convicted of one or more felonies  59
of the fourth or fifth degree or one or more misdemeanors, so  60
long as none of the offenses is a violation of section 2921.43  61
of the Revised Code or a felony offense of violence;  62
        (iii) At the expiration of seven years after the  63
offender's final discharge if the record includes one or more  64
convictions of soliciting improper compensation in violation of  65
section 2921.43 of the Revised Code;  66
        (iv) If the offender was subject to the requirements of  67
Chapter 2950. of the Revised Code or Chapter 2950. of the  68
Revised Code as it existed prior to January 1, 2008, at the  69
expiration of five years after the requirements have ended under  70
section 2950.07 of the Revised Code or section 2950.07 of the  71
Revised Code as it existed prior to January 1, 2008, or are  72
terminated under section 2950.15 or 2950.151 of the Revised  73
Code;  74
        (v) At the expiration of six months after the offender's  75
final discharge if convicted of a minor misdemeanor.  76
        (b) An application for expungement under this section may  77
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As Introduced
be made at whichever of the following times is applicable  78
regarding the offense:  79
       (i) Except as otherwise provided in division (B)(1)(b)(ii)  80
of this section, if the offense is a misdemeanor, at the  81
expiration of one year after the offender's final discharge;  82
       (ii) If the offense is a minor misdemeanor, at the  83
expiration of six months after the offender's final discharge;  84
       (iii) If the offense is a felony, at the expiration of ten  85
years after the time specified in division (B)(1)(a) of this  86
section at which the person may file an application for sealing  87
with respect to that felony offense.  88
       (2) Any person who has been arrested for any misdemeanor  89
offense and who has effected a bail forfeiture for the offense  90
charged may apply to the court in which the misdemeanor criminal  91
case was pending when bail was forfeited for the sealing or  92
expungement of the record of the case that pertains to the  93
charge. Except as provided in section 2953.61 of the Revised  94
Code, the application may be filed at whichever of the following  95
times is applicable regarding the offense:  96
       (a) An application for sealing under this section may be  97
made at any time after the date on which the bail forfeiture was  98
entered upon the minutes of the court or the journal, whichever  99
entry occurs first.  100
       (b) An application for expungement under this section may  101
be made at whichever of the following times is applicable  102
regarding the offense:  103
       (i) Except as provided in division (B)(2)(b)(ii) of this  104
section, at any time after the expiration of one year from the  105
date on which the bail forfeiture was entered upon the minutes  106
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As Introduced
of the court or the journal, whichever entry occurs first;  107
       (ii) If the offense is a minor misdemeanor, at any time  108
after the expiration of six months from the date on which the  109
bail forfeiture was entered upon the minutes of the court or the  110
journal, whichever entry occurs first.  111
       (C) Upon the filing of an application under this section,  112
the court shall set a date for a hearing and shall notify the  113
prosecutor for the case of the hearing on the application not  114
less than sixty days prior to the hearing. Pursuant to the Ohio  115
Constitution, the prosecutor shall provide timely notice of the  116
application and the date and time of the hearing to a victim and  117
victim's representative, if applicable, if the victim or  118
victim's representative requested notice of the proceedings in  119
the underlying case. The court shall hold the hearing not less  120
than forty-five days and not more than ninety days from the date  121
of the filing of the application. The prosecutor may object to  122
the granting of the application by filing a written objection  123
with the court not later than thirty days prior to the date set  124
for the hearing. The prosecutor shall specify in the objection  125
the reasons for believing a denial of the application is  126
justified. The victim, victim's representative, and victim's  127
attorney, if applicable, may be present and heard orally, in  128
writing, or both at any hearing under this section. The court  129
shall direct its regular probation officer, a state probation  130
officer, or the department of probation of the county in which  131
the applicant resides to make inquiries and written reports as  132
the court requires concerning the applicant. The probation  133
officer or county department of probation that the court directs  134
to make inquiries and written reports as the court requires  135
concerning the applicant shall determine whether or not the  136
applicant was fingerprinted at the time of arrest or under  137
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As Introduced
section 109.60 of the Revised Code. If the applicant was so  138
fingerprinted, the probation officer or county department of  139
probation shall include with the written report a record of the  140
applicant's fingerprints. If the applicant was convicted of or  141
pleaded guilty to a violation of division (A)(2) or (B) of  142
section 2919.21 of the Revised Code, the probation officer or  143
county department of probation that the court directed to make  144
inquiries concerning the applicant shall contact the child  145
support enforcement agency enforcing the applicant's obligations  146
under the child support order to inquire about the offender's  147
compliance with the child support order.  148
       (D)(1) At the hearing held under division (C) of this  149
section, the court shall do each of the following:  150
       (a) Determine whether the applicant is pursuing sealing or  151
expunging a conviction of an offense that is prohibited under  152
division (A) of this section or whether the forfeiture of bail  153
was agreed to by the applicant and the prosecutor in the case,  154
and determine whether the application was made at the time  155
specified in division (B)(1)(a) or (b) or division (B)(2)(a) or  156
(b) of this section that is applicable with respect to the  157
application and the subject offense;  158
       (b) Determine whether criminal proceedings are pending  159
against the applicant;  160
       (c) Determine whether the applicant has been rehabilitated  161
to the satisfaction of the court;  162
       (d) If the prosecutor has filed an objection in accordance  163
with division (C) of this section, consider the reasons against  164
granting the application specified by the prosecutor in the  165
objection;  166
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       (e) If the victim objected, pursuant to the Ohio  167
Constitution, consider the reasons against granting the  168
application specified by the victim in the objection;  169
       (f) Weigh the interests of the applicant in having the  170
records pertaining to the applicant's conviction or bail  171
forfeiture sealed or expunged against the legitimate needs, if  172
any, of the government to maintain those records;  173
       (g) Consider the oral or written statement of any victim,  174
victim's representative, and victim's attorney, if applicable;  175
       (h) If the applicant was an eligible offender of the type  176
described in division (A)(3) of section 2953.36 of the Revised  177
Code as it existed prior to the effective date of this  178
amendment, determine whether the offender has been rehabilitated  179
to a satisfactory degree. In making the determination, the court  180
may consider all of the following:  181
       (i) The age of the offender;  182
       (ii) The facts and circumstances of the offense;  183
       (iii) The cessation or continuation of criminal behavior;  184
       (iv) The education and employment of the offender;  185
       (v) Any other circumstances that may relate to the  186
offender's rehabilitation.  187
       (2) If the court determines, after complying with division  188
(D)(1) of this section, that the offender is not pursuing  189
sealing or expunging a conviction of an offense that is  190
prohibited under division (A) of this section or that the  191
forfeiture of bail was agreed to by the applicant and the  192
prosecutor in the case, that the application was made at the  193
time specified in division (B)(1)(a) or (b) or division (B)(2)  194
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As Introduced
(a) or (b) of this section that is applicable with respect to  195
the application and the subject offense, that no criminal  196
proceeding is pending against the applicant, that the interests  197
of the applicant in having the records pertaining to the  198
applicant's conviction or bail forfeiture sealed or expunged are  199
not outweighed by any legitimate governmental needs to maintain  200
those records, and that the rehabilitation of the applicant has  201
been attained to the satisfaction of the court, both of the  202
following apply:  203
       (a) The court, except as provided in division (D)(4) or  204
(5) of this section or division (D), (F), or (G) of section  205
2953.34 of the Revised Code, shall order all official records of  206
the case that pertain to the conviction or bail forfeiture  207
sealed if the application was for sealing or expunged if the  208
application was for expungement and, except as provided in  209
division (C) of section 2953.34 of the Revised Code, all index  210
references to the case that pertain to the conviction or bail  211
forfeiture deleted and, in the case of bail forfeitures, shall  212
dismiss the charges in the case.  213
       (b) The proceedings in the case that pertain to the  214
conviction or bail forfeiture shall be considered not to have  215
occurred and the conviction or bail forfeiture of the person who  216
is the subject of the proceedings shall be sealed if the  217
application was for sealing or expunged if the application was  218
for expungement, except that upon conviction of a subsequent  219
offense, a sealed record of prior conviction or bail forfeiture  220
may be considered by the court in determining the sentence or  221
other appropriate disposition, including the relief provided for  222
in sections 2953.31, 2953.32, and 2953.34 of the Revised Code.  223
       (3) An applicant may request the sealing or expungement of  224
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As Introduced
the records of more than one case in a single application under  225
this section. Upon the filing of an application under this  226
section, the applicant, unless the applicant presents a poverty  227
affidavit showing that the applicant is indigent, shall pay an  228
application fee of fifty dollars and may pay a local court fee  229
of not more than fifty dollars, regardless of the number of  230
records the application requests to have sealed or expunged. If  231
the applicant pays a fee, the court shall pay three-fifths of  232
the fee collected into the state treasury, with half of that  233
amount credited to the attorney general reimbursement fund  234
created by section 109.11 of the Revised Code. If the applicant  235
pays a fee, the court shall pay two-fifths of the fee collected  236
into the county general revenue fund if the sealed or expunged  237
conviction or bail forfeiture was pursuant to a state statute,  238
or into the general revenue fund of the municipal corporation  239
involved if the sealed or expunged conviction or bail forfeiture  240
was pursuant to a municipal ordinance.  241
       (4) If the court orders the official records pertaining to  242
the case sealed or expunged, the court shall do one of the  243
following:  244
       (a) If the applicant was fingerprinted at the time of  245
arrest or under section 109.60 of the Revised Code and the  246
record of the applicant's fingerprints was provided to the court  247
under division (C) of this section, forward a copy of the  248
sealing or expungement order and the record of the applicant's  249
fingerprints to the bureau of criminal identification and  250
investigation.  251
       (b) If the applicant was not fingerprinted at the time of  252
arrest or under section 109.60 of the Revised Code, or the  253
record of the applicant's fingerprints was not provided to the  254
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court under division (C) of this section, but fingerprinting was  255
required for the offense, order the applicant to appear before a  256
sheriff to have the applicant's fingerprints taken according to  257
the fingerprint system of identification on the forms furnished  258
by the superintendent of the bureau of criminal identification  259
and investigation. The sheriff shall forward the applicant's  260
fingerprints to the court. The court shall forward the  261
applicant's fingerprints and a copy of the sealing or  262
expungement order to the bureau of criminal identification and  263
investigation.  264
       Failure of the court to order fingerprints at the time of  265
sealing or expungement does not constitute a reversible error.  266
       (5) Notwithstanding any other provision of the Revised  267
Code to the contrary, when the bureau of criminal identification  268
and investigation receives notice from a court that the record  269
of a conviction or bail forfeiture has been expunged under this  270
section, the bureau of criminal identification and investigation  271
shall maintain a record of the expunged conviction record for  272
the limited purpose of determining an individual's qualification  273
or disqualification for employment in law enforcement. The  274
bureau of criminal identification and investigation shall not be  275
compelled by the court to destroy, delete, or erase those  276
records so that the records are permanently irretrievable. These  277
records may only be disclosed or provided to law enforcement for  278
the limited purpose of determining an individual's qualification  279
or disqualification for employment in law enforcement.  280
       When any other entity other than the bureau of criminal  281
identification and investigation receives notice from a court  282
that the record of a conviction or bail forfeiture has been  283
expunged under this section, the entity shall destroy, delete,  284
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and erase the record as appropriate for the record's physical or  285
electronic form or characteristic so that the record is  286
permanently irretrievable.  287
       (6) In a civil action or administrative proceeding  288
alleging negligence or other fault, no case that has been sealed  289
or expunged shall be considered as evidence against an employer  290
for negligent hiring or negligent supervision, and the sealing  291
or expungement provides immunity for the employer to the extent  292
that a sealed or expunged record is the basis of a claim against  293
the employer for negligent hiring or negligent supervision.  294
       Sec. 2953.322. (A) At least once every calendar month,  295
beginning three years after the effective date of this section,  296
the bureau of criminal identification and investigation shall,  297
for purposes of state-initiated sealing under this section,  298
identify records that, except as provided in division (G) of  299
this section, are eligible for sealing under sections 2953.32 to  300
2953.521 of the Revised Code. The bureau shall provide to each  301
prosecuting attorney and each court a list of those cases over  302
which the prosecutor or court has jurisdiction. The prosecutor  303
in each case shall provide timely notice of state-initiated  304
sealing to any victim of an offense identified by the bureau.  305
       (B) A prosecutor may object to the sealing of a record  306
identified in division (A) of this section for any of the  307
following reasons:  308
       (1) After reviewing the records of the case, the  309
prosecutor determines that the records are not eligible for  310
sealing under section 2953.32 of the Revised Code.  311
       (2) The prosecutor determines that the subject of the  312
criminal records has not paid court-ordered restitution to the  313
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As Introduced
victim.  314
       (3) The prosecutor has a reasonable belief, grounded in  315
supporting facts, that the subject of the criminal record is  316
continuing to engage in criminal activity, whether or not the  317
individual has been charged with an offense, and whether or not  318
the activity in question takes place within or outside of the  319
state.  320
       (4) The subject of the criminal records is the defendant  321
in a pending criminal case.  322
       (5) The interests of the government in maintaining the  323
criminal records outweigh the interests of the individual who is  324
the subject of the records in having those records sealed.  325
       (C) If, ninety days after a record has been identified on  326
a list provided to the court and prosecutor under division (A)  327
of this section, the court has not received an objection to the  328
sealing of the record from the prosecutor, the court with  329
jurisdiction over the record shall determine whether the  330
interests of the subject of the records in having the records  331
pertaining to the case sealed are outweighed by any legitimate  332
governmental needs to maintain such records. If the court does  333
not determine that a legitimate governmental need to maintain  334
the records outweighs the interests of the subject of the  335
records in having the records pertaining to the case sealed, the  336
court shall order all official records that pertain to the  337
conviction sealed and, except as provided in section 2953.34 of  338
the Revised Code, shall order all index references to the case  339
that pertain to the conviction deleted.  340
       (D) If, within ninety days after a record has been  341
identified on a list provided to the court and prosecutor under  342
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As Introduced
division (A) of this section, the prosecutor objects to the  343
sealing of a record identified in the list, in accordance with  344
division (B) of this section, that record shall not be sealed  345
under this section.  346
       (E) At least once each calendar year, beginning the year  347
that is three years after the effective date of this section,  348
the bureau shall submit a report to the general assembly  349
identifying every case for which a record included on a list for  350
sealing under division (A) of this section was not sealed  351
because of an objection by the prosecutor under division (B) of  352
this section. The report shall identify the records not sealed  353
under this section by the county with jurisdiction over the  354
matter and by the objection raised for each record that was not  355
sealed.  356
       (F) The attorney general may adopt rules, in accordance  357
with Chapter 119. of the Revised Code, governing the procedures  358
to be followed by the superintendent of the bureau of criminal  359
identification and investigation in carrying out the  360
superintendent's duties under this section.  361
       (G) For purposes of identifying records that are eligible  362
for state-initiated sealing under this section, the bureau of  363
criminal identification and investigation shall consider an  364
offender's final discharge to be the point at which all  365
nonmonetary sanctions imposed on the offender have been  366
completed.  367
       (H) Nothing in this section shall be construed to do  368
either of the following:  369
       (1) Prohibit an individual from applying for sealing or  370
expungement of records under section 2953.32 of the Revised  371
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As Introduced
Code;  372
        (2) Create an individual cause of action for the bureau of  373
criminal identification and investigation failing to identify  374
records that are eligible for sealing under division (C) of this  375
section.  376
        Sec. 2953.323. To the extent practicable, the bureau of  377
criminal identification and investigation, prosecutors, and  378
courts shall use or adapt existing technology and interagency  379
information sharing services to comply with the requirements of  380
section 2953.322 of the Revised Code, including the Ohio law  381
enforcement gateway established under section 109.57 of the  382
Revised Code and the Ohio courts network.  383
        Sec. 2953.34. (A) Inspection of the sealed records  384
included in a sealing order may be made only by the following  385
persons or for the following purposes:  386
        (1) By a law enforcement officer or prosecutor, or the  387
assistants of either, to determine whether the nature and  388
character of the offense with which a person is to be charged  389
would be affected by virtue of the person's previously having  390
been convicted of a crime;  391
        (2) By the parole or probation officer of the person who  392
is the subject of the records, for the exclusive use of the  393
officer in supervising the person while on parole or under a  394
community control sanction or a post-release control sanction,  395
and in making inquiries and written reports as requested by the  396
court or adult parole authority;  397
        (3) Upon application by the person who is the subject of  398
the records or a legal representative of that person, by the  399
persons named in the application;  400
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       (4) By a law enforcement officer who was involved in the  401
case, for use in the officer's defense of a civil action arising  402
out of the officer's involvement in that case;  403
       (5) By a prosecuting attorney or the prosecuting  404
attorney's assistants, to determine a defendant's eligibility to  405
enter a pre-trial diversion program established pursuant to  406
section 2935.36 of the Revised Code;  407
       (6) By any law enforcement agency or any authorized  408
employee of a law enforcement agency or by the department of  409
rehabilitation and correction or department of youth services as  410
part of a background investigation of a person who applies for  411
employment with the agency or with the department;  412
       (7) By any law enforcement agency or any authorized  413
employee of a law enforcement agency, for the purposes set forth  414
in, and in the manner provided in, division (I) of section  415
2953.34 of the Revised Code;  416
       (8) By the bureau of criminal identification and  417
investigation or any authorized employee of the bureau for the  418
purpose of providing information to a board or person pursuant  419
to division (F) or (G) of section 109.57 of the Revised Code;  420
       (9) By the bureau of criminal identification and  421
investigation or any authorized employee of the bureau for the  422
purpose of performing a criminal history records check on a  423
person to whom a certificate as prescribed in section 109.77 of  424
the Revised Code is to be awarded;  425
       (10) By the bureau of criminal identification and  426
investigation or any authorized employee of the bureau for the  427
purpose of conducting a criminal records check of an individual  428
pursuant to division (B) of section 109.572 of the Revised Code  429
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that was requested pursuant to any of the sections identified in  430
division (B)(1) of that section;  431
        (11) By the bureau of criminal identification and  432
investigation, an authorized employee of the bureau, a sheriff,  433
or an authorized employee of a sheriff in connection with a  434
criminal records check described in section 311.41 of the  435
Revised Code;  436
        (12) By the attorney general or an authorized employee of  437
the attorney general or a court for purposes of determining a  438
person's classification pursuant to Chapter 2950. of the Revised  439
Code;  440
        (13) By a court, the registrar of motor vehicles, a  441
prosecuting attorney or the prosecuting attorney's assistants,  442
or a law enforcement officer for the purpose of assessing points  443
against a person under section 4510.036 of the Revised Code or  444
for taking action with regard to points assessed.  445
        When the nature and character of the offense with which a  446
person is to be charged would be affected by the information, it  447
may be used for the purpose of charging the person with an  448
offense.  449
        (B) In any criminal proceeding, proof of any otherwise  450
admissible prior conviction may be introduced and proved,  451
notwithstanding the fact that for any such prior conviction an  452
order of sealing or expungement previously was issued pursuant  453
to sections 2953.31 to 2953.34 of the Revised Code.  454
        (C) The person or governmental agency, office, or  455
department that maintains sealed records pertaining to  456
convictions or bail forfeitures that have been sealed pursuant  457
to section 2953.32 or 2953.322 of the Revised Code may maintain  458
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As Introduced
a manual or computerized index to the sealed records. The index  459
shall contain only the name of, and alphanumeric identifiers  460
that relate to, the persons who are the subject of the sealed  461
records, the word "sealed," and the name of the person, agency,  462
office, or department that has custody of the sealed records,  463
and shall not contain the name of the crime committed. The index  464
shall be made available by the person who has custody of the  465
sealed records only for the purposes set forth in divisions (A),  466
(B), and (D) of this section.  467
       (D) Notwithstanding any provision of this section or ,  468
section 2953.32, or section 2953.322 of the Revised Code that  469
requires otherwise, a board of education of a city, local,  470
exempted village, or joint vocational school district that  471
maintains records of an individual who has been permanently  472
excluded under sections 3301.121 and 3313.662 of the Revised  473
Code is permitted to maintain records regarding a conviction  474
that was used as the basis for the individual's permanent  475
exclusion, regardless of a court order to seal or expunge the  476
record. An order issued under section 2953.32 or 2953.322 of the  477
Revised Code to seal or expunge the record of a conviction does  478
not revoke the adjudication order of the director of education  479
and workforce to permanently exclude the individual who is the  480
subject of the sealing or expungement order. An order issued  481
under section 2953.32 or 2953.322 of the Revised Code to seal or  482
expunge the record of a conviction of an individual may be  483
presented to a district superintendent as evidence to support  484
the contention that the superintendent should recommend that the  485
permanent exclusion of the individual who is the subject of the  486
sealing or expungement order be revoked. Except as otherwise  487
authorized by this division and sections 3301.121 and 3313.662  488
of the Revised Code, any school employee in possession of or  489
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having access to the sealed or expunged conviction records of an  490
individual that were the basis of a permanent exclusion of the  491
individual is subject to division (J) of this section.  492
       (E) Notwithstanding any provision of this section or ,  493
section 2953.32, or section 2953.322 of the Revised Code that  494
requires otherwise, if the auditor of state or a prosecutor  495
maintains records, reports, or audits of an individual who has  496
been forever disqualified from holding public office,  497
employment, or a position of trust in this state under sections  498
2921.41 and 2921.43 of the Revised Code, or has otherwise been  499
convicted of an offense based upon the records, reports, or  500
audits of the auditor of state, the auditor of state or  501
prosecutor is permitted to maintain those records to the extent  502
they were used as the basis for the individual's  503
disqualification or conviction, and shall not be compelled by  504
court order to seal or expunge those records.  505
       (F) For purposes of sections 2953.31 and 2953.34 of the  506
Revised Code, DNA records collected in the DNA database and  507
fingerprints filed for record by the superintendent of the  508
bureau of criminal identification and investigation shall not be  509
sealed or expunged unless the superintendent receives a  510
certified copy of a final court order establishing that the  511
offender's conviction has been overturned. For purposes of this  512
section, a court order is not "final" if time remains for an  513
appeal or application for discretionary review with respect to  514
the order.  515
       (G)(1) The court shall send notice of any order to seal or  516
expunge official records issued pursuant to section 2953.32 of  517
the Revised Code to the bureau of criminal identification and  518
investigation and to any public office or agency that the court  519
S. B. No. 418  Page 19
As Introduced
knows or has reason to believe may have any record of the case,  520
whether or not it is an official record, that is the subject of  521
the order.  522
       (2) The sealing of a record under section 2953.32 or  523
2953.322 of the Revised Code does not affect the assessment of  524
points under section 4510.036 of the Revised Code and does not  525
erase points assessed against a person as a result of the sealed  526
record.  527
       (H)(1) The court shall send notice of any order to seal or  528
expunge official records issued pursuant to division (B)(3) of  529
section 2953.33 of the Revised Code to the bureau of criminal  530
identification and investigation and shall send notice of any  531
order issued pursuant to division (B)(4) of that section to any  532
public office or agency that the court knows or has reason to  533
believe may have any record of the case, whether or not it is an  534
official record, that is the subject of the order.  535
       (2) A person whose official records have been sealed or  536
expunged pursuant to an order issued pursuant to section 2953.33  537
of the Revised Code may present a copy of that order and a  538
written request to comply with it, to a public office or agency  539
that has a record of the case that is the subject of the order.  540
       (3) An order to seal or expunge official records issued  541
pursuant to section 2953.33 of the Revised Code applies to every  542
public office or agency that has a record of the case that is  543
the subject of the order, regardless of whether it receives  544
notice of the hearing on the application for the order to seal  545
or expunge the official records or receives a copy of the order  546
to seal the official records pursuant to division (H)(1) or (2)  547
of this section.  548
S. B. No. 418  Page 20
As Introduced
       (4) Upon receiving a copy of an order to seal or expunge  549
official records pursuant to division (H)(1) or (2) of this  550
section or upon otherwise becoming aware of an applicable order  551
to seal or expunge official records issued pursuant to section  552
2953.33 of the Revised Code, a public office or agency shall  553
comply with the order and, if applicable, with division (K) of  554
this section, except that if the order is a sealing order, the  555
office or agency may maintain a record of the case that is the  556
subject of the order if the record is maintained for the purpose  557
of compiling statistical data only and does not contain any  558
reference to the person who is the subject of the case and the  559
order.  560
       (5) A public office or agency to which division (H)(4) of  561
this section applies also may maintain an index of sealed  562
official records that are the subject of a sealing order, in a  563
form similar to that for sealed records of conviction as set  564
forth in division (C) of this section, access to which may not  565
be afforded to any person other than the person who has custody  566
of the sealed official records. The sealed official records to  567
which such an index pertains shall not be available to any  568
person, except that the official records of a case that have  569
been sealed may be made available to the following persons for  570
the following purposes:  571
       (a) To the person who is the subject of the records upon  572
written application, and to any other person named in the  573
application, for any purpose;  574
       (b) To a law enforcement officer who was involved in the  575
case, for use in the officer's defense of a civil action arising  576
out of the officer's involvement in that case;  577
       (c) To a prosecuting attorney or the prosecuting  578
S. B. No. 418  Page 21
As Introduced
attorney's assistants to determine a defendant's eligibility to  579
enter a pre-trial diversion program established pursuant to  580
section 2935.36 of the Revised Code;  581
       (d) To a prosecuting attorney or the prosecuting  582
attorney's assistants to determine a defendant's eligibility to  583
enter a pre-trial diversion program under division (E)(2)(b) of  584
section 4301.69 of the Revised Code.  585
       (I)(1) Upon the issuance of an order by a court pursuant  586
to division (D)(2) of section 2953.32 or division (C) of section  587
2953.322 of the Revised Code directing that all official records  588
of a case pertaining to a conviction or bail forfeiture be  589
sealed or expunged or an order by a court pursuant to division  590
(E) of section 2151.358, division (C)(2) of section 2953.35, or  591
division (E) of section 2953.36 of the Revised Code directing  592
that all official records of a case pertaining to a conviction  593
or delinquent child adjudication be expunged:  594
       (a) Every law enforcement officer who possesses  595
investigatory work product immediately shall deliver that work  596
product to the law enforcement officer's employing law  597
enforcement agency.  598
       (b) Except as provided in divisions (I)(1)(c) and (d) of  599
this section, every law enforcement agency that possesses  600
investigatory work product shall close that work product to all  601
persons who are not directly employed by the law enforcement  602
agency and shall treat that work product, in relation to all  603
persons other than those who are directly employed by the law  604
enforcement agency, as if it did not exist and never had  605
existed.  606
       (c) A law enforcement agency that possesses investigatory  607
S. B. No. 418  Page 22
As Introduced
work product may permit another law enforcement agency to use  608
that work product in the investigation of another offense if the  609
facts incident to the offense being investigated by the other  610
law enforcement agency and the facts incident to an offense that  611
is the subject of the case are reasonably similar. The agency  612
that permits the use of investigatory work product may provide  613
the other agency with the name of the person who is the subject  614
of the case if it believes that the name of the person is  615
necessary to the conduct of the investigation by the other  616
agency.  617
       (d) The auditor of state may provide to or discuss with  618
other parties investigatory work product maintained pursuant to  619
Chapter 117. of the Revised Code by the auditor of state.  620
       (2)(a) Except as provided in divisions (I)(1)(c) and (d)  621
of this section, no law enforcement officer or other person  622
employed by a law enforcement agency shall knowingly release,  623
disseminate, or otherwise make the investigatory work product or  624
any information contained in that work product available to, or  625
discuss any information contained in it with, any person not  626
employed by the employing law enforcement agency.  627
       (b) No law enforcement agency, or person employed by a law  628
enforcement agency, that receives investigatory work product  629
pursuant to divisions (I)(1)(c) and (d) of this section shall  630
use that work product for any purpose other than the  631
investigation of the offense for which it was obtained from the  632
other law enforcement agency, or disclose the name of the person  633
who is the subject of the work product except when necessary for  634
the conduct of the investigation of the offense, or the  635
prosecution of the person for committing the offense, for which  636
it was obtained from the other law enforcement agency.  637
S. B. No. 418  Page 23
As Introduced
       (3) Whoever violates division (I)(2)(a) or (b) of this  638
section is guilty of divulging confidential investigatory work  639
product, a misdemeanor of the fourth degree.  640
       (J)(1) Except as authorized by divisions (A) to (C) of  641
this section or by Chapter 2950. of the Revised Code and subject  642
to divisiondivisions (J)(2) and (3) of this section, any officer  643
or employee of the state, or a political subdivision of the  644
state, who releases or otherwise disseminates or makes available  645
for any purpose involving employment, bonding, or licensing in  646
connection with any business, trade, or profession to any  647
person, or to any department, agency, or other instrumentality  648
of the state, or any political subdivision of the state, any  649
information or other data concerning any law enforcement or  650
justice system matter the records with respect to which the  651
officer or employee had knowledge of were sealed by an existing  652
order issued pursuant to section 2953.32 of the Revised Code,  653
division (E) of section 2151.358, section 2953.35, or section  654
2953.36 of the Revised Code, or were expunged by an order issued  655
pursuant to section 2953.42 of the Revised Code as it existed  656
prior to June 29, 1988, is guilty of divulging confidential  657
information, a misdemeanor of the fourth degree.  658
       (2) Division (J)(1) of this section does not apply to an  659
officer or employee of the state, or a political subdivision of  660
the state, who releases or otherwise disseminates or makes  661
available for any purpose specified in that division any  662
information or other data concerning a law enforcement or  663
justice system matter the records of which the officer had  664
knowledge were sealed or expunged by an order of a type  665
described in that division, if all of the following apply:  666
       (a) The officer or employee released, disseminated, or  667
S. B. No. 418  Page 24
As Introduced
made available the information or data from the sealed or  668
expunged records together with information or data concerning  669
another law enforcement or justice system matter.  670
       (b) The records of the other law enforcement or justice  671
system matter were not sealed or expunged by any order of a type  672
described in division (J)(1) of this section.  673
       (c) The law enforcement or justice system matter covered  674
by the information or data from the sealed or expunged records  675
and the other law enforcement or justice system matter covered  676
by the information or data from the records that were not sealed  677
or expunged resulted from or were connected to the same act.  678
       (d) The officer or employee made a good faith effort to  679
not release, disseminate, or make available any information or  680
other data concerning any law enforcement or justice system  681
matter from the sealed or expunged records, and the officer or  682
employee did not release, disseminate, or make available the  683
information or other data from the sealed or expunged records  684
with malicious purpose, in bad faith, or in a wanton or reckless  685
manner.  686
       (3) Division (J)(1) of this section does not apply to an  687
officer or employee of the state, or a political subdivision of  688
the state, who releases or otherwise disseminates or makes  689
available for any purpose specified in that division any  690
information or other data concerning a law enforcement or  691
justice system matter the records of which the officer had  692
knowledge were sealed or expunged by an order of a type  693
described in that division, if the records are released or  694
disseminated or access is provided pursuant to an application by  695
the person who is the subject of the information or data or by a  696
legal representative of that person.  697
S. B. No. 418  Page 25
As Introduced
       (4) Any person who, in violation of this section, uses,  698
disseminates, or otherwise makes available any index prepared  699
pursuant to division (C) of this section is guilty of a  700
misdemeanor of the fourth degree.  701
       (K)(1) Except as otherwise provided in Chapter 2950. of  702
the Revised Code, upon the issuance of an order by a court under  703
division (B) of section 2953.33 of the Revised Code directing  704
that all official records pertaining to a case be sealed or  705
expunged and that the proceedings in the case be deemed not to  706
have occurred:  707
       (a) Every law enforcement officer possessing records or  708
reports pertaining to the case that are the officer's specific  709
investigatory work product and that are excepted from the  710
definition of official records shall immediately deliver the  711
records and reports to the officer's employing law enforcement  712
agency. Except as provided in division (K)(1)(c) or (d) of this  713
section, no such officer shall knowingly release, disseminate,  714
or otherwise make the records and reports or any information  715
contained in them available to, or discuss any information  716
contained in them with, any person not employed by the officer's  717
employing law enforcement agency.  718
       (b) Every law enforcement agency that possesses records or  719
reports pertaining to the case that are its specific  720
investigatory work product and that are excepted from the  721
definition of official records, or that are the specific  722
investigatory work product of a law enforcement officer it  723
employs and that were delivered to it under division (K)(1)(a)  724
of this section shall, except as provided in division (K)(1)(c)  725
or (d) of this section, close the records and reports to all  726
persons who are not directly employed by the law enforcement  727
S. B. No. 418  Page 26
As Introduced
agency and shall, except as provided in division (K)(1)(c) or  728
(d) of this section, treat the records and reports, in relation  729
to all persons other than those who are directly employed by the  730
law enforcement agency, as if they did not exist and had never  731
existed. Except as provided in division (K)(1)(c) or (d) of this  732
section, no person who is employed by the law enforcement agency  733
shall knowingly release, disseminate, or otherwise make the  734
records and reports in the possession of the employing law  735
enforcement agency or any information contained in them  736
available to, or discuss any information contained in them with,  737
any person not employed by the employing law enforcement agency.  738
       (c) A law enforcement agency that possesses records or  739
reports pertaining to the case that are its specific  740
investigatory work product and that are excepted from the  741
definition of official records, or that are the specific  742
investigatory work product of a law enforcement officer it  743
employs and that were delivered to it under division (K)(1)(a)  744
of this section may permit another law enforcement agency to use  745
the records or reports in the investigation of another offense,  746
if the facts incident to the offense being investigated by the  747
other law enforcement agency and the facts incident to an  748
offense that is the subject of the case are reasonably similar.  749
The agency that provides the records and reports may provide the  750
other agency with the name of the person who is the subject of  751
the case, if it believes that the name of the person is  752
necessary to the conduct of the investigation by the other  753
agency.  754
       No law enforcement agency, or person employed by a law  755
enforcement agency, that receives from another law enforcement  756
agency records or reports pertaining to a case the records of  757
which have been ordered sealed or expunged pursuant to division  758
S. B. No. 418  Page 27
As Introduced
(B) of section 2953.33 of the Revised Code shall use the records  759
and reports for any purpose other than the investigation of the  760
offense for which they were obtained from the other law  761
enforcement agency, or disclose the name of the person who is  762
the subject of the records or reports except when necessary for  763
the conduct of the investigation of the offense, or the  764
prosecution of the person for committing the offense, for which  765
they were obtained from the other law enforcement agency.  766
       (d) The auditor of state may provide to or discuss with  767
other parties records, reports, or audits maintained by the  768
auditor of state pursuant to Chapter 117. of the Revised Code  769
pertaining to the case that are the auditor of state's specific  770
investigatory work product and that are excepted from the  771
definition of "official records" contained in division (C) of  772
section 2953.31 of the Revised Code, or that are the specific  773
investigatory work product of a law enforcement officer the  774
auditor of state employs and that were delivered to the auditor  775
of state under division (K)(1)(a) of this section.  776
       (2) Whoever violates division (K)(1) of this section is  777
guilty of divulging confidential information, a misdemeanor of  778
the fourth degree.  779
       (L)(1) In any application for employment, license, or any  780
other right or privilege, any appearance as a witness, or any  781
other inquiry, a person may not be questioned with respect to  782
any record that has been sealed or expunged pursuant to section  783
2953.33 of the Revised Code. If an inquiry is made in violation  784
of this division, the person whose official record was sealed  785
may respond as if the arrest underlying the case to which the  786
sealed official records pertain and all other proceedings in  787
that case did not occur, and the person whose official record  788
S. B. No. 418  Page 28
As Introduced
was sealed shall not be subject to any adverse action because of  789
the arrest, the proceedings, or the person's response.  790
       (2)(a) Except as provided in division (L)(2)(b) of this  791
section, an officer or employee of the state or any of its  792
political subdivisions who knowingly releases, disseminates, or  793
makes available for any purpose involving employment, bonding,  794
licensing, or education to any person or to any department,  795
agency, or other instrumentality of the state, or of any of its  796
political subdivisions, any information or other data concerning  797
any arrest, complaint, indictment, information, trial,  798
adjudication, or correctional supervision, knowing the records  799
of which have been sealed or expunged pursuant to section  800
2953.33 of the Revised Code, is guilty of divulging confidential  801
information, a misdemeanor of the fourth degree.  802
       (b) Division (L)(2)(a) of this section does not apply to  803
any release, dissemination, or access to information or data if  804
the records are released or disseminated or access is provided  805
pursuant to an application by the person who is the subject of  806
the information or data or by a legal representative of that  807
person.  808
       (M) It is not a violation of division (I), (J), (K), or  809
(L) of this section for the bureau of criminal identification  810
and investigation or any authorized employee of the bureau  811
participating in the investigation of criminal activity to  812
release, disseminate, or otherwise make available to, or discuss  813
with, a person directly employed by a law enforcement agency DNA  814
records collected in the DNA database or fingerprints filed for  815
record by the superintendent of the bureau of criminal  816
identification and investigation.  817
       (N)(1) An order issued under section 2953.35 of the  818
S. B. No. 418  Page 29
As Introduced
Revised Code to expunge the record of a person's conviction or,  819
except as provided in division (D) of this section, an order  820
issued under that section to seal the record of a person's  821
conviction restores the person who is the subject of the order  822
to all rights and privileges not otherwise restored by  823
termination of the sentence or community control sanction or by  824
final release on parole or post-release control.  825
       (2)(a) In any application for employment, license, or  826
other right or privilege, any appearance as a witness, or any  827
other inquiry, except as provided in division (B) of this  828
section and in section 3319.292 of the Revised Code and subject  829
to division (N)(2)(c) of this section, a person may be  830
questioned only with respect to convictions not sealed, bail  831
forfeitures not expunged under section 2953.42 of the Revised  832
Code as it existed prior to June 29, 1988, and bail forfeitures  833
not sealed, unless the question bears a direct and substantial  834
relationship to the position for which the person is being  835
considered.  836
       (b) In any application for a certificate of qualification  837
for employment under section 2953.25 of the Revised Code, a  838
person may be questioned only with respect to convictions not  839
sealed and bail forfeitures not sealed.  840
       (c) A person may not be questioned in any application,  841
appearance, or inquiry of a type described in division (N)(2)(a)  842
of this section with respect to any conviction expunged under  843
section 2953.35 of the Revised Code.  844
       (O) Nothing in section 2953.32 or , 2953.322, or 2953.34  845
of the Revised Code precludes an offender from taking an appeal  846
or seeking any relief from the offender's conviction or from  847
relying on it in lieu of any subsequent prosecution for the same  848
S. B. No. 418  Page 30
As Introduced
offense.  849
       Section 2. That existing sections 2953.32 and 2953.34 of  850
the Revised Code are hereby repealed.  851
       Section 3. The General Assembly, in enacting this act,  852
encourages the Supreme Court to do both of the following:  853
       (A) Review the Rules of Superintendence for the Courts of  854
Ohio and to update the Rules to facilitate state-initiated  855
sealing under section 2953.322 of the Revised Code.  856
       (B) Create a form for courts to use when taking objections  857
to state-initiated sealing under section 2953.322 of the Revised  858
Code that specifies the objection the prosecutor is raising to  859
prevent a record from being sealed under that section so that  860
the reasons for objection may be tracked and aggregated.  861
       Section 4. This act shall be known as the Grow Act.  862