Ohio Revised Code
Chapter 2953 | Appeals; Other Postconviction Remedies
Section 2953.36 | [Repealed Effective 4/4/2023 by s.b. 288, 134th General Assembly] Sealing of Record of Conviction Exceptions.

Effective: April 12, 2021
Latest Legislation: Senate Bill 10, House Bill 431 - 133rd General Assembly
(A) Except as otherwise provided in division (B) of this section, sections 2953.31 to 2953.35 of the Revised Code do not apply to any of the following:
(1) Convictions when the offender is subject to a mandatory prison term;
(2) Convictions under section 2907.02, 2907.03, 2907.05, 2907.06, 2907.321, 2907.322, or 2907.323, former section 2907.12, or Chapter 4506., 4507., 4510., 4511., or 4549. of the Revised Code, or a conviction for a violation of a municipal ordinance that is substantially similar to any section contained in any of those chapters, except as otherwise provided in section 2953.61 of the Revised Code;
(3) Convictions under section 2907.04 of the Revised Code, unless a court has issued an order pursuant to section 2950.151 of the Revised Code to terminate the offender's duty to comply with sections 2950.04, 2950.05, and 2950.06 of the Revised Code;
(4) Convictions of an offense of violence when the offense is a misdemeanor of the first degree or a felony and when the offense is not a violation of section 2917.03 of the Revised Code and is not a violation of section 2903.13, 2917.01, or 2917.31 of the Revised Code that is a misdemeanor of the first degree;
(5) Convictions on or after October 10, 2007, under section 2907.07 of the Revised Code or a conviction on or after October 10, 2007, for a violation of a municipal ordinance that is substantially similar to that section;
(6) Convictions on or after October 10, 2007, under section 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.31, 2907.311, 2907.32, or 2907.33 of the Revised Code when the victim of the offense was under eighteen years of age;
(7) Convictions of an offense in circumstances in which the victim of the offense was less than sixteen years of age when the offense is a misdemeanor of the first degree or a felony, except for convictions under section 2919.21 of the Revised Code;
(8) Convictions of a felony of the first or second degree;
(9) Bail forfeitures in a traffic case as defined in Traffic Rule 2;
(9) Convictions of theft in office in violation of section 2921.41 of the Revised Code.
(B) Sections 2953.31 to 2953.35 of the Revised Code apply to a conviction listed in this section if, on the date of the conviction, those sections did not apply to the conviction, but after the date of the conviction, the penalty for or classification of the offense was changed so that those sections apply to the conviction.
The Legislative Service Commission presents the text of this section as a composite of the section as amended by multiple acts of the General Assembly. This presentation recognizes the principle stated in R.C. 1.52(B) that amendments are to be harmonized if reasonably capable of simultaneous operation.
Last updated January 11, 2023 at 5:28 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.