Ohio Revised Code
Chapter 2953 | Appeals; Other Postconviction Remedies
Section 2953.31 | Sealing of Record of Conviction Definitions.

Effective: September 30, 2021
Latest Legislation: House Bill 110 - 134th General Assembly
As used in sections 2953.31 to 2953.36 of the Revised Code:
(A)(1) "Eligible offender" means either of the following:
(a) Anyone who has been convicted of one or more offenses in this state or any other jurisdiction, if all of the offenses in this state are felonies of the fourth or fifth degree or misdemeanors and none of those offenses are an offense of violence or a felony sex offense and all of the offenses in another jurisdiction, if committed in this state, would be felonies of the fourth or fifth degree or misdemeanors and none of those offenses would be an offense of violence or a felony sex offense;
(b) Anyone who has been convicted of an offense in this state or any other jurisdiction, to whom division (A)(1)(a) of this section does not apply, and who has not more than two felony convictions, has not more than four misdemeanor convictions, or, if the person has exactly two felony convictions, has not more than those two felony convictions and two misdemeanor convictions in this state or any other jurisdiction. The conviction that is requested to be sealed shall be a conviction that is eligible for sealing as provided in section 2953.36 of the Revised Code. When two or more convictions result from or are connected with the same act or result from offenses committed at the same time, they shall be counted as one conviction. When two or three convictions result from the same indictment, information, or complaint, from the same plea of guilty, or from the same official proceeding, and result from related criminal acts that were committed within a three-month period but do not result from the same act or from offenses committed at the same time, they shall be counted as one conviction, provided that a court may decide as provided in division (C)(1)(a) of section 2953.32 of the Revised Code that it is not in the public interest for the two or three convictions to be counted as one conviction.
(2) For purposes of, and except as otherwise provided in, division (A)(1)(b) of this section, a conviction for a minor misdemeanor, for a violation of any section in Chapter 4507., 4510., 4511., 4513., or 4549. of the Revised Code, or for a violation of a municipal ordinance that is substantially similar to any section in those chapters is not a conviction. However, a conviction for a violation of section 4511.19, 4511.251, 4549.02, 4549.021, 4549.03, 4549.042, or 4549.62 or sections 4549.41 to 4549.46 of the Revised Code, for a violation of section 4510.11 or 4510.14 of the Revised Code that is based upon the offender's operation of a vehicle during a suspension imposed under section 4511.191 or 4511.196 of the Revised Code, for a violation of a substantially equivalent municipal ordinance, for a felony violation of Title XLV of the Revised Code, or for a violation of a substantially equivalent former law of this state or former municipal ordinance shall be considered a conviction.
(B) "Prosecutor" means the county prosecuting attorney, city director of law, village solicitor, or similar chief legal officer, who has the authority to prosecute a criminal case in the court in which the case is filed.
(C) "Bail forfeiture" means the forfeiture of bail by a defendant who is arrested for the commission of a misdemeanor, other than a defendant in a traffic case as defined in Traffic Rule 2, if the forfeiture is pursuant to an agreement with the court and prosecutor in the case.
(D) "Official records" has the same meaning as in division (D) of section 2953.51 of the Revised Code, except that it also includes all records that are possessed by any public office or agency that relate to an application for, or the issuance or denial of, a certificate of qualification for employment under section 2953.25 of the Revised Code.
(E) "Official proceeding" has the same meaning as in section 2921.01 of the Revised Code.
(F) "Community control sanction" has the same meaning as in section 2929.01 of the Revised Code.
(G) "Post-release control" and "post-release control sanction" have the same meanings as in section 2967.01 of the Revised Code.
(H) "DNA database," "DNA record," and "law enforcement agency" have the same meanings as in section 109.573 of the Revised Code.
(I) "Fingerprints filed for record" means any fingerprints obtained by the superintendent of the bureau of criminal identification and investigation pursuant to sections 109.57 and 109.571 of the Revised Code.
Last updated July 30, 2021 at 4:02 PM

Structure Ohio Revised Code

Ohio Revised Code

Title 29 | Crimes-Procedure

Chapter 2953 | Appeals; Other Postconviction Remedies

Section 2953.01 | Appeals and Post-Conviction Remedies Definitions.

Section 2953.02 | Review of Judgments on Appeal.

Section 2953.03 | Motion for New Trial - Notice of Appeal Filed.

Section 2953.07 | Powers of Appellate Court.

Section 2953.08 | Appeal as a Matter of Right - Grounds.

Section 2953.09 | Execution of the Sentence or Judgment Suspended.

Section 2953.10 | Power and Authority to Suspend Execution of Sentence.

Section 2953.11 | Custody of Defendant Under Suspended Sentence Pending Appeal.

Section 2953.13 | Reversal of Conviction.

Section 2953.14 | State May Institute Appeal.

Section 2953.21 | Post Conviction Relief Petition.

Section 2953.22 | Post Conviction Relief Hearing.

Section 2953.23 | Post Conviction Relief Petition - Time for Filing.

Section 2953.25 | Certificate of Qualification for Employment for Persons Subject to Collateral Sanctions.

Section 2953.31 | Sealing of Record of Conviction Definitions.

Section 2953.32 | Sealing of Conviction Record or Bail Forfeiture Record.

Section 2953.321 | [Repealed Effective 4/4/2023 by s.b. 288, 134th General Assembly] Divulging Confidential Investigatory Work Product.

Section 2953.33 | [Repealed Effective 4/4/2023 by s.b. 288, 134th General Assembly] Restoration of Rights and Privileges.

Section 2953.34 | Sealing Record Not to Affect Appeal Rights of Eligible Offender.

Section 2953.35 | [Repealed Effective 4/4/2023 by s.b. 288, 134th General Assembly] Divulging Confidential Information.

Section 2953.36 | [Repealed Effective 4/4/2023 by s.b. 288, 134th General Assembly] Sealing of Record of Conviction Exceptions.

Section 2953.37 | Expungement of Certain Convictions Relating to Firearms.

Section 2953.38 | Expungement of Certain Crimes for Victims of Human Trafficking.

Section 2953.51 | [Repealed Effective 4/4/2023 by s.b. 288, 134th General Assembly] Sealing of Records After Not Guilty or Dismissal Definitions.

Section 2953.52 | Sealing of Records After Not Guilty Finding, Dismissal of Proceedings or No Bill by Grand Jury.

Section 2953.521 | Application for Order to Expunge Records.

Section 2953.53 | [Repealed Effective 4/4/2023 by s.b. 288, 134th General Assembly] Order to Seal Records; Index.

Section 2953.54 | [Repealed Effective 4/4/2023 by s.b. 288, 134th General Assembly] Officer's Specific Investigatory Work Product - Divulging Confidential Information.

Section 2953.55 | [Repealed Effective 4/4/2023 by s.b. 288, 134th General Assembly] Inquiries as Records Sealed After Not Guilty Finding - Divulging Confidential Information.

Section 2953.56 | Violations of Secs. 2953.31-2953.61 Not Basis to Exclude or Suppress Certain Evidence.

Section 2953.57 | Timing of Judgment Vacating and Setting Aside Conviction Because of DNA Testing.

Section 2953.58 | Orders to Seal Official Records.

Section 2953.59 | Dissemination of Confidential Information From Sealed Records by Law Enforcement Officers or Agencies.

Section 2953.60 | Questioning With Respect to Sealed Records; Release or Dissemination of Information From Sealed Records by State Officer or Employee.

Section 2953.61 | Multiple Charges; Sealing of Records.

Section 2953.71 | Post Conviction DNA Testing Definitions.

Section 2953.72 | Application for Testing.

Section 2953.73 | Form and Service of Application.

Section 2953.74 | Effect of Prior Tests.

Section 2953.75 | Prosecutor to Use Reasonable Diligence to Obtain Biological Material for Test.

Section 2953.76 | Prosecutor to Consult With Testing Authority.

Section 2953.77 | Chain of Custody.

Section 2953.78 | Selection of Testing Authority.

Section 2953.79 | Obtaining Sample From Applicant.

Section 2953.80 | Criteria for Testing Authority.

Section 2953.81 | Test Results.

Section 2953.83 | Rules of Criminal Procedure Applicable.

Section 2953.84 | Statutory Post-Conviction DNA Testing Not Exclusive.