Bill Text: OH HB516 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: 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.

Spectrum: Moderate Partisan Bill (Democrat 7-1)

Status: (Introduced - Dead) 2014-04-08 - To Judiciary [HB516 Detail]

Download: Ohio-2013-HB516-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 516

Representatives Rogers, Heard 

Cosponsors: Representatives Antonio, Becker, Fedor, Williams, Hagan, R., Ashford 

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A BILL

To amend section 2953.36 of the Revised Code to allow

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a person who is convicted of an offense that, at

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the time of conviction, is excluded from the

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operation of the Conviction Record Sealing Law to

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apply for sealing of the record of that conviction

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if, prior to the making of the application, the

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offense is changed so that it no longer would be

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excluded from the operation of that Law.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 2953.36 of the Revised Code be	9
amended to read as follows:	10

Sec. 2953.36. Sections(A) Subject to division (B) of this	11
section, sections 2953.31 to 2953.35 of the Revised Code do not	12
apply to any of the following:	13

(A)(1) Convictions when the offender is subject to a	14
mandatory prison term;	15

(B)(2) Convictions under section 2907.02, 2907.03, 2907.04,	16
2907.05, 2907.06, 2907.321, 2907.322, or 2907.323, former section	17
2907.12, or Chapter 4507., 4510., 4511., or 4549. of the Revised	18
Code, or a conviction for a violation of a municipal ordinance	19
that is substantially similar to any section contained in any of	20
those chapters;	21

(C)(3) Convictions of an offense of violence when the offense	22
is a misdemeanor of the first degree or a felony and when the	23
offense is not a violation of section 2917.03 of the Revised Code	24
and is not a violation of section 2903.13, 2917.01, or 2917.31 of	25
the Revised Code that is a misdemeanor of the first degree;	26

(D)(4) Convictions on or after October 10, 2007, under	27
section 2907.07 of the Revised Code or a conviction on or after	28
October 10, 2007, for a violation of a municipal ordinance that is	29
substantially similar to that section;	30

(E)(5) Convictions on or after October 10, 2007, under	31
section 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.31,	32
2907.311, 2907.32, or 2907.33 of the Revised Code when the victim	33
of the offense was under eighteen years of age;	34

(F)(6) Convictions of an offense in circumstances in which	35
the victim of the offense was under eighteen years of age when the	36
offense is a misdemeanor of the first degree or a felony, except	37
for convictions under section 2919.21 of the Revised Code;	38

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

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(H)(8) Bail forfeitures in a traffic case as defined in	40
Traffic Rule 2.	41

(B) The exclusion set forth in division (A) of this section	42
does not apply to a conviction listed in divisions (A)(1) to (8)	43
of this section in either of the following circumstances:	44

(1) Prior to the effective date of this amendment, the	45
offender was convicted of or pleaded guilty to an offense that, on	46
the date of the conviction or guilty plea, was listed in divisions	47
(A) to (H) of this section as they existed at any time prior to	48
the effective date of this amendment, and, after the date of that	49
conviction or guilty plea, the penalty for or classification of	50
that offense was or is changed so that if the offender's	51
conviction of or plea of guilty to that offense had occurred on or	52
after the date of the change it would not be listed in divisions	53
(A)(1) to (8) of this section;	54

(2) On or after the effective date of this amendment, the	55
offender is convicted of or pleads guilty to an offense that, on	56
the date of the conviction or guilty plea, is listed in divisions	57
(A)(1) to (8) of this section as they exist on or at any time	58
after the effective date of this amendment, and, after the date of	59
that conviction or guilty plea, the penalty for or classification	60
of that offense is changed so that if the offender's conviction of	61
or plea of guilty to that offense had occurred on or after the	62
date of the change it is not listed in divisions (A)(1) to (8) of	63
this section.	64

Section 2. That existing section 2953.36 of the Revised Code	65
is hereby repealed.	66