Bill Text: OH SB291 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: , under specified circumstances, to preclude a civil action against an employer that is based on the employer's failure to do a criminal background investigation unless an investigation is required by statute; to modify the list of offenses the official records of which may not be sealed; to require a court to inform a defendant before accepting a guilty plea and before sentencing of the circumstances under which the official records in the case may be sealed; to require the sealing of the official records of a person who is found not guilty of an offense, who is the defendant named in a dismissed complaint, indictment, or information, or against whom a no bill is entered by a grand jury; to prohibit an employer from inquiring into the criminal history of a job applicant until the applicant has been selected for an interview except as otherwise required by statute; to prohibit an employer from refusing to hire a job applicant because the applicant committed an offense unrelated to the job except as otherwise provided by statute; to prohibit the release by private individuals or entities of information contained in sealed official records; and to permit certain offenders who are not first offenders to apply for an order sealing their official records.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Introduced - Dead) 2010-08-16 - To Judiciary Criminal Justice [SB291 Detail]

Download: Ohio-2009-SB291-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

S. B. No. 291

Senator Smith 

Cosponsors: Senators Fedor, Miller, D., Seitz, Morano, Turner 

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A BILL

To amend sections 2937.06, 2947.07, 2953.32,

1

2953.321, 2953.33, 2953.35, 2953.36, 2953.52,

2

2953.53, 2953.54, and 2953.61 and to enact

3

sections 2307.43 and 2953.322 of the Revised Code,

4

under specified circumstances, to preclude a civil

5

action against an employer that is based on the

6

employer's failure to do a criminal background

7

investigation unless an investigation is required

8

by statute; to modify the list of offenses the

9

official records of which may not be sealed; to

10

require a court to inform a defendant before

11

accepting a guilty plea and before sentencing of

12

the circumstances under which the official records

13

in the case may be sealed; to require the sealing

14

of the official records of a person who is found

15

not guilty of an offense, who is the defendant

16

named in a dismissed complaint, indictment, or

17

information, or against whom a no bill is entered

18

by a grand jury; to prohibit an employer from

19

inquiring into the criminal history of a job

20

applicant until the applicant has been selected

21

for an interview except as otherwise required by

22

statute; to prohibit an employer from refusing to

23

hire a job applicant because the applicant

24

committed an offense unrelated to the job except

25

as otherwise provided by statute; to prohibit the

26

release by private individuals or entities of

27

information contained in sealed official records;

28

and to permit certain offenders who are not first

29

offenders to apply for an order sealing their

30

official records.

31

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

Section 1.  That sections 2937.06, 2947.07, 2953.32,	32
2953.321, 2953.33, 2953.35, 2953.36, 2953.52, 2953.53, 2953.54,	33
and 2953.61 be amended and sections 2307.43 and 2953.322 of the	34
Revised Code be enacted to read as follows:	35

Sec. 2307.43. (A) No person has a civil cause of action	36
against an employer for injury, death, or loss to person or	37
property that is caused by an employee or former employee of that	38
employer and is based on either of the following:	39

(1) The employer's failure, before hiring the employee or	40
former employee, to conduct or request a criminal background	41
investigation of the employee or former employee;	42

(2) The employer's failure to discover a criminal record of	43
the employee or former employee that has been sealed by court	44
order.	45

(B) Division (A) of this section does not apply to an	46
employer who had a statutory duty to conduct or request a criminal	47
records check of an employee or former employee before the cause	48
of action arose.	49

(C) Nothing in this section shall be construed to create a	50
cause of action against an employer.	51

(D) This section does not apply to any action that is pending	52
on the effective date of this section.	53

Sec. 2937.06.  (A) After all motions are disposed of or if no	54
motion is presented, the court or magistrate shall require the	55
accused to plead to the charge.	56

(1) In cases of felony, only a plea of not guilty or a	57
written plea of guilty shall be received and if the defendant	58
declines to plead, a plea of not guilty shall be entered for the	59
defendant and further proceedings had as set forth in sections	60
2937.09 to 2937.12 of the Revised Code.	61

(2) In cases of misdemeanor, the following pleas may be	62
received:	63

(a) Guilty;

64

(b) Not guilty;

65

(c) No contest;

66

(d) Once in jeopardy, which includes the defenses of former	67
conviction or former acquittal.	68

(B) Prior to accepting a plea of guilty or a plea of no	69
contest under division (A) of this section, the court shall comply	70
with sections 2943.031 and 2943.032 of the Revised Code and shall	71
inform the defendant of the circumstances under which official	72
records may be sealed under sections 2953.31 to 2953.36 of the	73
Revised Code.	74

(C) Entry of any plea pursuant to this section shall	75
constitute a waiver of any objection that could be taken advantage	76
of by motion pursuant to section 2937.04 of the Revised Code.	77

Sec. 2947.07.  If a convicted defendant does not show	78
sufficient cause as to why judgment should not be pronounced, the	79
court shall first inform the defendant of the circumstances under	80
which official records may be sealed under sections 2953.31 to	81
2953.36 of the Revised Code and then shall pronounce the judgment.	82

Sec. 2953.32.  (A)(1) Except as provided in section 2953.61	83
of the Revised Code, a first offender may apply to the sentencing	84
court if convicted in this state, or to a court of common pleas if	85
convicted in another state or in a federal court, for the sealing	86
of the conviction record. Application may be made at the	87
expiration of three years after the offender's final discharge if	88
convicted of a felony, or at the expiration of one year after the	89
offender's final discharge if convicted of a misdemeanor.	90

(2) Any person who has been arrested for any misdemeanor	91
offense and who has effected a bail forfeiture may apply to the	92
court in which the misdemeanor criminal case was pending when bail	93
was forfeited for the sealing of the record of the case. Except as	94
provided in section 2953.61 of the Revised Code, the application	95
may be filed at any time after the expiration of one year from the	96
date on which the bail forfeiture was entered upon the minutes of	97
the court or the journal, whichever entry occurs first.	98

(B) Upon the filing of an application under this section, the	99
court shall set a date for a hearing and shall notify the	100
prosecutor for the case of the hearing on the application. The	101
prosecutor may object to the granting of the application by filing	102
an objection with the court prior to the date set for the hearing.	103
The prosecutor shall specify in the objection the reasons for	104
believing a denial of the application is justified. The court	105
shall direct its regular probation officer, a state probation	106
officer, or the department of probation of the county in which the	107
applicant resides to make inquiries and written reports as the	108
court requires concerning the applicant.	109

(C)(1) The court shall do each of the following:

110

(a) Determine whether the applicant is a first offender or	111
whether the forfeiture of bail was agreed to by the applicant and	112
the prosecutor in the case. If the applicant applies as a first	113
offender pursuant to division (A)(1) of this section and has two	114
or three convictions that result from the same indictment,	115
information, or complaint, from the same plea of guilty, or from	116
the same official proceeding, and result from related criminal	117
acts that were committed within a three-month period but do not	118
result from the same act or from offenses committed at the same	119
time, in making its determination under this division, the court	120
initially shall determine whether it is not in the public interest	121
for the two or three convictions to be counted as one conviction.	122
If the court determines that it is not in the public interest for	123
the two or three convictions to be counted as one conviction, the	124
court shall determine that the applicant is not a first offender;	125
if the court does not make that determination, the court shall	126
determine that the offender is a first offender.	127

(b) Determine whether criminal proceedings are pending	128
against the applicant;	129

(c) If the applicant is a first offender who applies pursuant	130
to division (A)(1) of this section, determine whether the	131
applicant has been rehabilitated to the satisfaction of the court;	132

(d) If the prosecutor has filed an objection in accordance	133
with division (B) of this section, consider the reasons against	134
granting the application specified by the prosecutor in the	135
objection;	136

(e) Weigh the interests of the applicant in having the	137
records pertaining to the applicant's conviction sealed against	138
the legitimate needs, if any, of the government to maintain those	139
records.	140

(2) If the court determines, after complying with division	141
(C)(1) of this section, that the applicant is a first offender or	142
the subject of a bail forfeiture, that no criminal proceeding is	143
pending against the applicant, and that the interests of the	144
applicant in having the records pertaining to the applicant's	145
conviction or bail forfeiture sealed are not outweighed by any	146
legitimate governmental needs to maintain those records, and that	147
the rehabilitation of an applicant who is a first offender	148
applying pursuant to division (A)(1) of this section has been	149
attained to the satisfaction of the court, the court, except as	150
provided in divisions (G) and (H) of this section, shall order all	151
official records pertaining to the case sealed and, except as	152
provided in division (F) of this section, all index references to	153
the case deleted and, in the case of bail forfeitures, shall	154
dismiss the charges in the case. The proceedings in the case shall	155
be considered not to have occurred and the conviction or bail	156
forfeiture of the person who is the subject of the proceedings	157
shall be sealed, except that upon conviction of a subsequent	158
offense, the sealed record of prior conviction or bail forfeiture	159
may be considered by the court in determining the sentence or	160
other appropriate disposition, including the relief provided for	161
in sections 2953.31 to 2953.33 of the Revised Code.	162

(3) If a court denies an application made under this section,	163
the applicant may file a new application at any time after one	164
year from the date of the denial.	165

(4) Upon the filing of an application under this section, the	166
applicant, unless indigent, shall pay a fee of fifty dollars. The	167
court shall pay thirty dollars of the fee into the state treasury.	168
It shall pay twenty dollars of the fee into the county general	169
revenue fund if the sealed conviction or bail forfeiture was	170
pursuant to a state statute, or into the general revenue fund of	171
the municipal corporation involved if the sealed conviction or	172
bail forfeiture was pursuant to a municipal ordinance.	173

(D) Inspection of the sealed records included in the order	174
may be made only by the following persons or for the following	175
purposes:	176

(1) By a law enforcement officer or prosecutor, or the	177
assistants of either, to determine whether the nature and	178
character of the offense with which a person is to be charged	179
would be affected by virtue of the person's previously having been	180
convicted of a crime;	181

(2) By the parole or probation officer of the person who is	182
the subject of the records, for the exclusive use of the officer	183
in supervising the person while on parole or under a community	184
control sanction or a post-release control sanction, and in making	185
inquiries and written reports as requested by the court or adult	186
parole authority;	187

(3) Upon application by the person who is the subject of the	188
records, by the persons named in the application;	189

(4) By a law enforcement officer who was involved in the	190
case, for use in the officer's defense of a civil action arising	191
out of the officer's involvement in that case;	192

(5) By a prosecuting attorney or the prosecuting attorney's	193
assistants, to determine a defendant's eligibility to enter a	194
pre-trial diversion program established pursuant to section	195
2935.36 of the Revised Code;	196

(6) By any law enforcement agency or any authorized employee	197
of a law enforcement agency or by the department of rehabilitation	198
and correction as part of a background investigation of a person	199
who applies for employment with the agency as a law enforcement	200
officer or with the department as a corrections officer;	201

(7) By any law enforcement agency or any authorized employee	202
of a law enforcement agency, for the purposes set forth in, and in	203
the manner provided in, section 2953.321 of the Revised Code;	204

(8) By the bureau of criminal identification and	205
investigation or any authorized employee of the bureau for the	206
purpose of providing information to a board or person pursuant to	207
division (F) or (G) of section 109.57 of the Revised Code;	208

(9) By the bureau of criminal identification and	209
investigation or any authorized employee of the bureau for the	210
purpose of performing a criminal history records check on a person	211
to whom a certificate as prescribed in section 109.77 of the	212
Revised Code is to be awarded;	213

(10) By the bureau of criminal identification and	214
investigation or any authorized employee of the bureau for the	215
purpose of conducting a criminal records check of an individual	216
pursuant to division (B) of section 109.572 of the Revised Code	217
that was requested pursuant to any of the sections identified in	218
division (B)(1) of that section;	219

(11) By the bureau of criminal identification and	220
investigation, an authorized employee of the bureau, a sheriff, or	221
an authorized employee of a sheriff in connection with a criminal	222
records check described in section 311.41 of the Revised Code;	223

(12) By the attorney general or an authorized employee of the	224
attorney general or a court for purposes of determining a person's	225
classification pursuant to Chapter 2950. of the Revised Code.	226

When the nature and character of the offense with which a	227
person is to be charged would be affected by the information, it	228
may be used for the purpose of charging the person with an	229
offense.	230

(E) In any criminal proceeding, proof of any otherwise	231
admissible prior conviction may be introduced and proved,	232
notwithstanding the fact that for any such prior conviction an	233
order of sealing previously was issued pursuant to sections	234
2953.31 to 2953.36 of the Revised Code.	235

(F) The person or governmental agency, office, or department	236
that maintains sealed records pertaining to convictions or bail	237
forfeitures that have been sealed pursuant to this section may	238
maintain a manual or computerized index to the sealed records. The	239
index shall contain only the name of, and alphanumeric identifiers	240
that relate to, the persons who are the subject of the sealed	241
records, the word "sealed," and the name of the person, agency,	242
office, or department that has custody of the sealed records, and	243
shall not contain the name of the crime committed. The index shall	244
be made available by the person who has custody of the sealed	245
records only for the purposes set forth in divisions (C), (D), and	246
(E) of this section.	247

(G) Notwithstanding any provision of this section or section	248
2953.33 of the Revised Code that requires otherwise, a board of	249
education of a city, local, exempted village, or joint vocational	250
school district that maintains records of an individual who has	251
been permanently excluded under sections 3301.121 and 3313.662 of	252
the Revised Code is permitted to maintain records regarding a	253
conviction that was used as the basis for the individual's	254
permanent exclusion, regardless of a court order to seal the	255
record. An order issued under this section to seal the record of a	256
conviction does not revoke the adjudication order of the	257
superintendent of public instruction to permanently exclude the	258
individual who is the subject of the sealing order. An order	259
issued under this section to seal the record of a conviction of an	260
individual may be presented to a district superintendent as	261
evidence to support the contention that the superintendent should	262
recommend that the permanent exclusion of the individual who is	263
the subject of the sealing order be revoked. Except as otherwise	264
authorized by this division and sections 3301.121 and 3313.662 of	265
the Revised Code, any school employee in possession of or having	266
access to the sealed conviction records of an individual that were	267
the basis of a permanent exclusion of the individual is subject to	268
section 2953.35 of the Revised Code.	269

(H) For purposes of sections 2953.31 to 2953.36 of the	270
Revised Code, DNA records collected in the DNA database and	271
fingerprints filed for record by the superintendent of the bureau	272
of criminal identification and investigation shall not be sealed	273
unless the superintendent receives a certified copy of a final	274
court order establishing that the offender's conviction has been	275
overturned. For purposes of this section, a court order is not	276
"final" if time remains for an appeal or application for	277
discretionary review with respect to the order.	278

Sec. 2953.321.  (A) As used in this section, "investigatory	279
work product" means any records or reports of a law enforcement	280
officer or agency that are excepted from the definition of	281
"official records" contained in section 2953.51 of the Revised	282
Code and that pertain to a case the records of which have been	283
ordered sealed pursuant to division (C)(2) of section 2953.32 or	284
division (E)(2) of section 2953.322 of the Revised Code.	285

(B) Upon the issuance of an order by a court pursuant to	286
division (C)(2) of section 2953.32 or division (E)(2) of section	287
2953.322 of the Revised Code directing that all official records	288
pertaining to a case be sealed:	289

(1) Every law enforcement officer who possesses investigatory	290
work product immediately shall deliver that work product to the	291
law enforcement officer's employing law enforcement agency.	292

(2) Except as provided in division (B)(3) of this section,	293
every law enforcement agency that possesses investigatory work	294
product shall close that work product to all persons who are not	295
directly employed by the law enforcement agency and shall treat	296
that work product, in relation to all persons other than those who	297
are directly employed by the law enforcement agency, as if it did	298
not exist and never had existed.	299

(3) A law enforcement agency that possesses investigatory	300
work product may permit another law enforcement agency to use that	301
work product in the investigation of another offense if the facts	302
incident to the offense being investigated by the other law	303
enforcement agency and the facts incident to an offense that is	304
the subject of the case are reasonably similar. The agency that	305
permits the use of investigatory work product may provide the	306
other agency with the name of the person who is the subject of the	307
case if it believes that the name of the person is necessary to	308
the conduct of the investigation by the other agency.	309

(C)(1) Except as provided in division (B)(3) of this section,	310
no law enforcement officer or other person employed by a law	311
enforcement agency shall knowingly release, disseminate, or	312
otherwise make the investigatory work product or any information	313
contained in that work product available to, or discuss any	314
information contained in it with, any person not employed by the	315
employing law enforcement agency.	316

(2) No law enforcement agency, or person employed by a law	317
enforcement agency, that receives investigatory work product	318
pursuant to division (B)(3) of this section shall use that work	319
product for any purpose other than the investigation of the	320
offense for which it was obtained from the other law enforcement	321
agency, or disclose the name of the person who is the subject of	322
the work product except when necessary for the conduct of the	323
investigation of the offense, or the prosecution of the person for	324
committing the offense, for which it was obtained from the other	325
law enforcement agency.	326

(3) It is not a violation of division (C)(1) or (2) of this	327
section for the bureau of criminal identification and	328
investigation or any authorized employee of the bureau	329
participating in the investigation of criminal activity to	330
release, disseminate, or otherwise make available to, or discuss	331
with, a person directly employed by a law enforcement agency DNA	332
records collected in the DNA database or fingerprints filed for	333
record by the superintendent of the bureau of criminal	334
identification and investigation.	335

(D) Whoever violates division (C)(1) or (2) of this section	336
is guilty of divulging confidential investigatory work product, a	337
misdemeanor of the fourth degree.	338

Sec. 2953.322. (A) Except as otherwise provided in division	339
(C) of this section, a person who has not been convicted of or	340
pleaded guilty to a felony in this state or any other	341
jurisdiction, who is not a first offender under section 2953.31 of	342
the Revised Code, who has been convicted of or pleaded guilty in	343
this state to one or more misdemeanor offenses, and who for at	344
least five years following the date of sentencing for the most	345
recent misdemeanor offense has not been convicted of or pleaded	346
guilty to a misdemeanor or felony offense in this or any other	347
jurisdiction may apply to each court in which the person was	348
convicted of or pleaded guilty to a misdemeanor offense for the	349
sealing of the official records in that court of each case that is	350
a subject of the application.	351

(B) Except as otherwise provided in division (C) of this	352
section, a person who has been convicted of or pleaded guilty to	353
one or more felony offenses in this state, whether or not the	354
person has been convicted of or pleaded guilty to one or more	355
misdemeanor offenses in this state, who is not a first offender	356
under section 2953.31 of the Revised Code, and who for at least	357
five years following the person's final discharge from the most	358
recent conviction for a felony or misdemeanor offense has not been	359
convicted of or pleaded guilty to a misdemeanor or felony offense	360
in this or any other jurisdiction may apply to each court in which	361
the person was convicted of or pleaded guilty to a felony or	362
misdemeanor offense for the sealing of the official records in	363
that court of each case that is a subject of the application.	364

(C) No person whose official records have been sealed	365
pursuant to this section and who subsequently is convicted of or	366
pleads guilty to a misdemeanor or felony offense in this or any	367
other jurisdiction may apply again to any court in this state to	368
have the person's official records sealed pursuant to this	369
section.	370

(D) Upon the filing of an application under this section, the	371
court shall set a date for a hearing and shall notify the	372
prosecutor for each case of the hearing on the application. The	373
prosecutor may object to the granting of the application by filing	374
an objection with the court prior to the date set for the hearing.	375
The prosecutor shall specify in the objection the reasons for	376
believing a denial of the application is justified. The court	377
shall direct its regular probation officer, a state probation	378
officer, or the department of probation of the county in which the	379
applicant resides to make inquiries and written reports as the	380
court requires concerning the applicant.	381

(E)(1) The court shall do each of the following:

382

(a) Determine whether the applicant has been charged with the	383
commission of, convicted of, or pleaded guilty to any offense in	384
this state or any other jurisdiction since the applicant's final	385
discharge from all offenses;	386

(b) Determine whether the applicant has been rehabilitated to	387
the satisfaction of the court;	388

(c) If the prosecutor has filed an objection in accordance	389
with division (D) of this section, consider the reasons against	390
granting the application specified by the prosecutor in the	391
objection;	392

(d) Weigh the interests of the applicant in having the	393
official records pertaining to the applicant's conviction or bail	394
forfeiture sealed against the legitimate needs, if any, of the	395
government to maintain those records.	396

(2) If the court determines, after complying with division	397
(E)(1) of this section that the applicant has not been charged	398
with the commission of, convicted of, or pleaded guilty to any	399
offense in this state or any other jurisdiction, whichever is	400
applicable, since the date of sentencing or final discharge from	401
those offenses, whichever is applicable, and that the interests of	402
the applicant in having the official records pertaining to the	403
applicant's conviction sealed are not outweighed by any legitimate	404
governmental needs to maintain those records, and that the	405
rehabilitation of the applicant has been attained to the	406
satisfaction of the court, the court, except as provided in	407
division (I) of this section, shall order all official records	408
pertaining to the cases sealed and, except as provided in division	409
(H) of this section, all index references to the cases deleted.	410
The proceedings in the cases shall be considered not to have	411
occurred, and the convictions of the person who is the subject of	412
the proceedings shall be sealed, except that upon conviction of a	413
subsequent offense, the sealed record of prior convictions may be	414
considered by the court in determining the sentence or other	415
appropriate disposition.	416

(3) Upon the filing of an application under this section, the	417
applicant, unless indigent, shall pay a fee of fifty dollars. The	418
court shall pay thirty dollars of the fee into the state treasury.	419
It shall pay twenty dollars of the fee into the county general	420
revenue fund if the sealed conviction was pursuant to a state	421
statute, or into the general revenue fund of the municipal	422
corporation involved if the sealed conviction was pursuant to a	423
municipal ordinance.	424

(F) Inspection of the sealed records included in the order	425
may be made only by the persons or for the purposes specified in	426
division (D) of section 2953.32 of the Revised Code.	427

(G) In any criminal proceeding, proof of any otherwise	428
admissible prior conviction may be introduced and proved,	429
notwithstanding the fact that for any such prior conviction an	430
order of sealing previously was issued pursuant to this section.	431

(H) The person or governmental agency, office, or department	432
that maintains sealed records pertaining to convictions that have	433
been sealed pursuant to this section may maintain a manual or	434
computerized index to the sealed records. The index shall contain	435
only the name of, and alphanumeric identifiers that relate to, the	436
persons who are the subject of the sealed records, the word	437
"sealed," and the name of the person, agency, office, or	438
department that has custody of the sealed records and shall not	439
contain the name of the crime committed. The index shall be made	440
available by the person who has custody of the sealed records only	441
for the purposes set forth in divisions (E), (F), and (G) of this	442
section.	443

(I) Notwithstanding any provision of this section that	444
requires otherwise, a board of education of a city, local,	445
exempted village, or joint vocational school district that	446
maintains records of an individual who has been permanently	447
excluded under sections 3301.121 and 3313.662 of the Revised Code	448
is permitted to maintain records regarding a conviction that was	449
used as the basis for the individual's permanent exclusion,	450
regardless of a court order to seal the record. An order issued	451
under this section to seal the record of a conviction does not	452
revoke the adjudication order of the superintendent of public	453
instruction to permanently exclude the individual who is the	454
subject of the sealing order. An order issued under this section	455
to seal the record of a conviction of an individual may be	456
presented to a district superintendent as evidence to support the	457
contention that the superintendent should recommend that the	458
permanent exclusion of the individual who is the subject of the	459
sealing order be revoked. Except as otherwise authorized by this	460
division and sections 3301.121 and 3313.662 of the Revised Code,	461
any school employee in possession of or having access to the	462
sealed conviction records of an individual that were the basis of	463
a permanent exclusion of the individual is subject to section	464
2953.35 of the Revised Code.	465

Sec. 2953.33.  (A) Except as provided in division (G) of	466
section 2953.32 and division (I) of section 2953.322 of the	467
Revised Code, an order to seal the record of a person's conviction	468
restores the person who is the subject of the order to all rights	469
and privileges not otherwise restored by termination of the	470
sentence or community control sanction or by final release on	471
parole or post-release control.	472

(B) In any application for employment,a license, or other	473
right or privilege, any appearance as a witness, or any other	474
inquiry that is not related to an application for employment,	475
except as provided in division (E) of section 2953.32, in division	476
(G) of section 2953.322, and in section 3319.292 of the Revised	477
Code, a person may be questioned only with respect to convictions	478
not sealed, bail forfeitures not expunged under section 2953.42 of	479
the Revised Code as it existed prior to June 29, 1988, and bail	480
forfeitures not sealed, unless the question bears a direct and	481
substantial relationship to the position for which the person is	482
being considered.	483

(C)(1) Except as provided in division (C)(2) of this section,	484
an employer may not inquire into or consider the criminal record	485
or criminal history of an applicant for employment until the	486
applicant has been selected for an interview by the employer. At	487
an initial interview, an employer may ask an applicant about the	488
applicant's criminal record or criminal history but may not	489
require the applicant to respond. An employer may not request a	490
criminal records check of an applicant until after the initial	491
interview.	492

(2) Division (C)(1) of this section does not apply to the	493
department of rehabilitation and correction or to any employer	494
that has a statutory duty to conduct a criminal records check or	495
otherwise take into consideration a potential employee's criminal	496
history during the hiring process.	497

(3) Division (C)(1) of this section does not prohibit an	498
employer from notifying applicants that law or the employer's	499
policy will disqualify an individual with a particular criminal	500
history background from employment in particular positions.	501

(4) Except as otherwise provided in this division, no	502
employer may refuse to hire an applicant for employment solely	503
because of the applicant's criminal history unless the applicant	504
has been convicted of or pleaded guilty to an offense that is	505
directly related to the position for which the applicant has	506
applied. Division (C)(4) of this section does not apply to the	507
department of rehabilitation and correction or to any employer	508
that has a statutory right or obligation to refuse to hire a	509
person because of the person's criminal history.	510

Sec. 2953.35.  (A) Except as authorized by divisions (D),	511
(E), and (F) of section 2953.32 of the Revised Code, by divisions	512
(F), (G), and (H) of section 2953.322 of the Revised Code, or by	513
Chapter 2950. of the Revised Code, any officer or employee of the	514
state, or a political subdivision of the state, who releases or	515
otherwise disseminates or makes available for any purpose	516
involving employment, bonding, or licensing in connection with any	517
business, trade, or profession to any person, or to any	518
department, agency, or other instrumentality of the state, or any	519
political subdivision of the state, any information or other data	520
concerning any arrest, complaint, indictment, trial, hearing,	521
adjudication, conviction, or correctional supervision the records	522
with respect to which the officer or employee had knowledge of	523
were sealed by an existing order issued pursuant to sections	524
2953.31 to 2953.36 of the Revised Code, or were expunged by an	525
order issued pursuant to section 2953.42 of the Revised Code as it	526
existed prior to June 29, 1988, is guilty of divulging	527
confidential information, a misdemeanor of the fourth degree.	528

(B) Any person who, in violation of section 2953.32 of the	529
Revised Code, uses, disseminates, or otherwise makes available any	530
index prepared pursuant to division (F) of section 2953.32 or	531
division (H) of section 2953.322 of the Revised Code is guilty of	532
a misdemeanor of the fourth degree.	533

(C)(1) Within thirty days after the entry of an order sealing	534
official records issued pursuant to section 2953.32, 2953.322, or	535
2953.52 of the Revised Code, any private individual, business	536
organization, or other nongovernmental entity having records that	537
include information concerning any arrest, complaint, indictment,	538
trial, hearing, adjudication, conviction, or correctional	539
supervision derived from or in substance identical to information	540
in the official records that have been ordered sealed shall delete	541
the information from the records or destroy the records.	542

(2) No private individual, business organization, or other	543
nongovernmental entity, more than thirty days after the entry of	544
an order sealing official records issued pursuant to section	545
2953.32, 2953.322, or 2953.52 of the Revised Code, shall knowingly	546
release or otherwise disseminate or make available for any purpose	547
information concerning any arrest, complaint, indictment, trial,	548
hearing, adjudication, conviction, or correctional supervision	549
that is included in the official records that have been ordered	550
sealed.	551

(3)(a) Whoever violates division (C)(1) of this section is	552
guilty of releasing sealed records and shall be fined two hundred	553
fifty thousand dollars.	554

(b) Except as provided in division (C)(3)(c) of this section,	555
whoever violates division (C)(2) of this section is guilty of	556
releasing sealed records and shall be fined five hundred thousand	557
dollars.	558

(c) Whoever violates division (C)(2) of this section by	559
knowingly releasing or otherwise disseminating or making available	560
information over the internet is guilty of releasing sealed	561
records and shall be fined one million dollars.	562

(D) It is not a violation of this section for the bureau of	563
criminal identification and investigation or any authorized	564
employee of the bureau participating in the investigation of	565
criminal activity to release, disseminate, or otherwise make	566
available to, or discuss with, a person directly employed by a law	567
enforcement agency DNA records collected in the DNA database or	568
fingerprints filed for record by the superintendent of the bureau	569
of criminal identification and investigation.	570

Sec. 2953.36.  Sections 2953.31 to 2953.35 of the Revised	571
Code do not apply to any of the following:	572

(A) Convictions when the offender is subject to a mandatory	573
prison term;	574

(B) Convictions under section 2907.02, 2907.032905.05,	575
2907.04, 2907.05, 2907.06, 2907.21, 2907.321, 2907.322, or	576
2907.323, 2909.09, 2909.10, 2909.101, 2923.131, 2923.162, or	577
2927.24, division (B) of section 2907.24, division (B) of section	578
2907.25, division (B) of section 2909.26, division (B) of section	579
2919.22, or former section 2907.12, or Chapter 4507., 4510.,	580
4511., or 4549. of the Revised Code, or a conviction for a	581
violation of a municipal ordinance that is substantially similar	582
to any section contained in any of those chapters;	583

(C)(B) Convictions of an offense of violence when the offense	584
is a misdemeanor of the first degree or a felony and when the	585
offense is not a violation of section 2917.03 of the Revised Code	586
and is not a violation of section 2903.13, 2917.01, or 2917.31 of	587
the Revised Code that is a misdemeanor of the first degree;	588

(D)(C) Convictions on or after the effective date of this	589
amendmentOctober 10, 2007, under section 2907.07 of the Revised	590
Code or a conviction on or after the effective date of this	591
amendment for a violation of a municipal ordinance that is	592
substantially similar to that section;	593

(E)(D) Convictions on or after the effective date of this	594
amendmentOctober 10, 2007, under section 2907.08, 2907.09,	595
2907.21, 2907.22, 2907.23, 2907.31, 2907.311, 2907.32, or 2907.33	596
of the Revised Code when the victim of the offense was under	597
eighteen years of age;	598

(F) Convictions of an offense in circumstances in which the	599
victim of the offense was under eighteen years of age when the	600
offense is a misdemeanor of the first degree or a felony;	601

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

602

(H) Bail forfeitures in a traffic case as defined in Traffic	603
Rule 2.	604

Sec. 2953.52.  (A)(1) AnyExcept as otherwise provided in	605
this section or in section 2953.61 of the Revised Code, the court	606
shall issue an order sealing the official records in the case of	607
any person, who is found not guilty of an offense by a jury or a	608
court or, who is the defendant named in a dismissed complaint,	609
indictment, or information, may apply to the court for an order to	610
seal his official records in the case. Except as provided in	611
section 2953.61 of the Revised Code, the application may be filed	612
at any time after the finding of not guilty or the dismissal of	613
the complaint, indictment, or information is entered upon the	614
minutes of the court or the journal, whichever entry occurs first.	615

(2) Any person,or against whom a no bill is entered by a	616
grand jury, may apply to the court for an order to seal his	617
official records in the case. Except as provided in section	618
2953.61 of the Revised Code, the application may be filed at any	619
time after the expiration of two years after the date on which the	620
foreman or deputy foreman of the grand jury reports to the court	621
that the grand jury has reported a no bill. Except in a case in	622
which the complaint, indictment, or information is dismissed	623
without prejudice, the court shall issue the order upon the	624
expiration of the time to take an appeal in the case if an appeal	625
is not taken or upon final determination of the appeal sustaining	626
a finding of not guilty or a dismissal in the case if an appeal is	627
taken. In a case in which the complaint, indictment, or	628
information is dismissed without prejudice, the court shall not	629
issue the order with regard to the dismissed complaint,	630
indictment, or information if the complaint or information is	631
refiled or the person is reindicted before the expiration of the	632
period of limitation for the offense that is the basis of the	633
case.	634

(B)(1) Upon the filing of an application pursuant to division	635
(A) of this section, the court shall set a date for a hearing and	636
shall notify the prosecutor in the case of the hearing on the	637
application. The prosecutor may object to the granting of the	638
application by filing an objection with the court prior to the	639
date set for the hearing. The prosecutor shall specify in the	640
objection the reasons he believes justify a denial of the	641
application.	642

(2) The court shall do each of the following:

643

(a) Determine whether the person was found not guilty in the	644
case, or the complaint, indictment, or information in the case was	645
dismissed, or a no bill was returned in the case and a period of	646
two years or a longer period as required by section 2953.61 of the	647
Revised Code has expired from the date of the report to the court	648
of that no bill by the foreman or deputy foreman of the grand	649
jury;	650

(b) Determine whether criminal proceedings are pending	651
against the person;	652

(c) If the prosecutor has filed an objection in accordance	653
with division (B)(1) of this section, consider the reasons against	654
granting the application specified by the prosecutor in the	655
objection;	656

(d) Weigh the interests of the person in having the official	657
records pertaining to the case sealed against the legitimate	658
needs, if any, of the government to maintain those records.	659

(3) If the court determines, after complying with division	660
(B)(2) of this section, that the person was found not guilty in	661
the case, that the complaint, indictment, or information in the	662
case was dismissed, or that a no bill was returned in the case and	663
that the appropriate period of time has expired from the date of	664
the report to the court of the no bill by the foreman or deputy	665
foreman of the grand jury; that no criminal proceedings are	666
pending against the person; and the interests of the person in	667
having the records pertaining to the case sealed are not	668
outweighed by any legitimate governmental needs to maintain such	669
records, or if division (E)(2)(b) of section 4301.69 of the	670
Revised Code applies, the court shall issue an order directing	671
that all official records pertaining to the case be sealed and	672
that, exceptDivision (A) of this section does not apply to either	673
of the following:	674

(1) Any record pertaining to a case in which the defendant	675
was found not guilty by reason of insanity;	676

(2) Any record pertaining to a case in which there was an	677
intervention in lieu of conviction under section 2951.041 of the	678
Revised Code.	679

(C) Except as provided in section 2953.53 of the Revised	680
Code, the proceedings in thea case in which the official records	681
have been sealed pursuant to this section shall be deemed not to	682
have occurred.	683

(D) Any person who before the effective date of this	684
amendment was found not guilty in a case, was the defendant named	685
in a complaint, indictment, or information in a case that was	686
dismissed, or was the person against whom a no bill was entered in	687
a case by a grand jury may at any time apply to the court for an	688
order to seal the person's official records in the case. The	689
person shall make the application in writing, shall sign and	690
acknowledge it before a notary public, and shall include in the	691
application a case number or other information from which the	692
court may readily identify the case to which the application	693
pertains. Upon receipt of an application that complies with this	694
division, a determination that the applicant is authorized by this	695
division to file the application, and a determination that the	696
applicant would have been entitled to an order sealing the	697
official records in the case if the applicant had been found not	698
guilty, the complaint, indictment, or information had been	699
dismissed, or the grand jury had entered a no bill after the	700
effective date of this amendment, the court shall issue an order	701
sealing the applicant's official records in the case.	702

Sec. 2953.53.  (A) The court shall send notice of any order	703
to seal the official records of a person in a case that was issued	704
pursuant to section 2953.52 of the Revised Code to any public	705
office or agency that the court knows or has reason to believe may	706
have any record of the case, whether or not it is an official	707
record, that is the subject of the order. The court shall send the	708
notice shall be sent by certified mail, return receipt requested.	709

(B) A person whose official records have been sealed pursuant	710
to an order issued pursuant to section 2953.52 of the Revised Code	711
may present a copy of thatthe order issued under that section and	712
a written request to comply with it,that section to a public	713
office or agency that has a record of the case that is the subject	714
of the order.	715

(C) An order to sealThe requirement that the official	716
records issuedof a person in a case be sealed pursuant to section	717
2953.52 of the Revised Code applies to every public office or	718
agency that has a record of the case that is the subject of the	719
order, regardless of whether it receives notice of the hearing on	720
the application for the order to sealsealing of the official	721
records or receives a copy of the order to seal the official	722
recordswritten request to comply with section 2953.52 of the	723
Revised Code pursuant to division (A) or (B) of this section.	724

(D) Upon receiving a copy of an order to seal official	725
records pursuant to division (A) or (B) of this section or upon	726
otherwise becoming aware of an applicable order to sealthat the	727
official records issuedin a case have been sealed pursuant to	728
section 2953.52 of the Revised Code, a public office or agency	729
shall comply with the order and, if applicable, with the	730
provisions of section 2953.52 and, if applicable, section 2953.54	731
of the Revised Code, except that it may maintain a record of the	732
case that is the subject of the order if the record is maintained	733
for the purpose of compiling statistical data only and does not	734
contain any reference to the person who is the subject of the case	735
and the order.	736

A public office or agency also may maintain an index of	737
sealed official records, in a form similar to that for sealed	738
records of conviction as set forth in division (F) of section	739
2953.32 of the Revised Code, access to which may not be afforded	740
to any person other than the person who has custody of the sealed	741
official records. The sealed official records to which such an	742
index pertains shall not be available to any person, except that	743
the official records of a case that have been sealed may be made	744
available to the following persons for the following purposes:	745

(1) To the person who is the subject of the records upon	746
written application, and to any other person named in the	747
application, for any purpose;	748

(2) To a law enforcement officer who was involved in the	749
case, for use in the officer's defense of a civil action arising	750
out of the officer's involvement in that case;	751

(3) To aIn a case in which the complaint, indictment, or	752
information is dismissed without prejudice, to the complainant,	753
the prosecuting attorney, or the prosecuting attorney's assistants	754
to determine a defendant's eligibility to enter a pre-trial	755
diversion program established pursuant to section 2935.36 of the	756
Revised Code;	757

(4) To a prosecuting attorney or the prosecuting attorney's	758
assistants to determine a defendant's eligibility to enter a	759
pre-trial diversion program under division (E)(2)(b) of section	760
4301.69 of the Revised Codefor the purpose of refiling the	761
complaint or information or reindicting the person.	762

Sec. 2953.54.  (A) Except as otherwise provided in Chapter	763
2950. of the Revised Code, upon the issuance of an order by a	764
court under division (B)(A) or (D) of section 2953.52 of the	765
Revised Code directing that all official records pertaining to a	766
case be sealed and that the proceedings in the case be deemed not	767
to have occurred:	768

(1) Every law enforcement officer possessing records or	769
reports pertaining to the case that are the officer's specific	770
investigatory work product and that are excepted from the	771
definition of "official records" contained in section 2953.51 of	772
the Revised Code shall immediately deliver the records and reports	773
to the officer's employing law enforcement agency. Except as	774
provided in division (A)(3) of this section, no such officer shall	775
knowingly release, disseminate, or otherwise make the records and	776
reports or any information contained in them available to, or	777
discuss any information contained in them with, any person not	778
employed by the officer's employing law enforcement agency.	779

(2) Every law enforcement agency that possesses records or	780
reports pertaining to the case that are its specific investigatory	781
work product and that are excepted from the definition of	782
"official records" contained in section 2953.51 of the Revised	783
Code, or that are the specific investigatory work product of a law	784
enforcement officer it employs and that were delivered to it under	785
division (A)(1) of this section shall, except as provided in	786
division (A)(3) of this section, close the records and reports to	787
all persons who are not directly employed by the law enforcement	788
agency and shall, except as provided in division (A)(3) of this	789
section, treat the records and reports, in relation to all persons	790
other than those who are directly employed by the law enforcement	791
agency, as if they did not exist and had never existed. Except as	792
provided in division (A)(3) of this section, no person who is	793
employed by the law enforcement agency shall knowingly release,	794
disseminate, or otherwise make the records and reports in the	795
possession of the employing law enforcement agency or any	796
information contained in them available to, or discuss any	797
information contained in them with, any person not employed by the	798
employing law enforcement agency.	799

(3) A law enforcement agency that possesses records or	800
reports pertaining to the case that are its specific investigatory	801
work product and that are excepted from the definition of	802
"official records" contained in division (D) of section 2953.51 of	803
the Revised Code, or that are the specific investigatory work	804
product of a law enforcement officer it employs and that were	805
delivered to it under division (A)(1) of this section may permit	806
another law enforcement agency to use the records or reports in	807
the investigation of another offense, if the facts incident to the	808
offense being investigated by the other law enforcement agency and	809
the facts incident to an offense that is the subject of the case	810
are reasonably similar. The agency that provides the records and	811
reports may provide the other agency with the name of the person	812
who is the subject of the case, if it believes that the name of	813
the person is necessary to the conduct of the investigation by the	814
other agency.	815

No law enforcement agency, or person employed by a law	816
enforcement agency, that receives from another law enforcement	817
agency records or reports pertaining to a case the records of	818
which have been ordered sealed pursuant to division (B) of section	819
2953.52 of the Revised Code shall use the records and reports for	820
any purpose other than the investigation of the offense for which	821
they were obtained from the other law enforcement agency, or	822
disclose the name of the person who is the subject of the records	823
or reports except when necessary for the conduct of the	824
investigation of the offense, or the prosecution of the person for	825
committing the offense, for which they were obtained from the	826
other law enforcement agency.	827

(B) Whoever violates division (A)(1), (2), or (3) of this	828
section is guilty of divulging confidential information, a	829
misdemeanor of the fourth degree.	830

(C) It is not a violation of this section for the bureau of	831
criminal identification and investigation or any authorized	832
employee of the bureau participating in the investigation of	833
criminal activity to release, disseminate, or otherwise make	834
available to, or discuss with, a person directly employed by a law	835
enforcement agency DNA records collected in the DNA database or	836
fingerprints filed for record by the superintendent of the bureau	837
of criminal identification and investigation.	838

Sec. 2953.61.  When a person is charged with two or more	839
offenses as a result of or in connection with the same act and at	840
least one of the charges has a final disposition that is different	841
than the final disposition of the other charges, the person may	842
not apply to the court for the sealing of hisperson's official	843
record shall not be sealed in any of the cases until such time as	844
he would be able to apply to the court and have all of the records	845
in alleach of the cases pertaining to those charges may be or	846
would otherwise be required to be sealed pursuant to divisions	847
(A)(1) and (2) of section 2953.32 and divisions (A)(1) and (2) of	848
section 2953.52 of the Revised Code.	849

Section 2.  That existing sections 2937.06, 2947.07, 2953.32,	850
2953.321, 2953.33, 2953.35, 2953.36, 2953.52, 2953.53, 2953.54,	851
and 2953.61 of the Revised Code are hereby repealed.	852