Ohio § 2151.357

§ 2151.357.

(A) If the court orders the records of a person sealed pursuant to section 2151.356 of the Revised Code , the person who is subject of the order properly may, and the court shall, reply

that no record exists with respect to the person upon any inquiry in the matter, and

the court, except as provided in division (D) of this section, shall do all of the

following: (1) Order that the proceedings in a case described in divisions (B) and (C) of section 2151.356 of the Revised Code be deemed never to have occurred; (2) Except as provided in division (C) of this section, delete all index references to

the case and the person so that the references are permanently irretrievable; (3) Order that all original records of the case maintained by any public office or agency,

except fingerprints held by a law enforcement agency, DNA specimens collected pursuant

to section 2152.74 of the Revised Code , and DNA records derived from DNA specimens pursuant to section 109.573 of the Revised Code , be delivered to the court; (4) Order each public office or agency, upon the delivering of records to the court under

division (A)(3) of this section, to expunge remaining records of the case that are

the subject of the sealing order that are maintained by that public office or agency,

except fingerprints, DNA specimens, and DNA records described under division (A)(3)

of this section; (5) Send notice of the order to seal to any public office or agency that the court has

reason to believe may have a record of the sealed record including, but not limited

to, the bureau of criminal identification and investigation; (6) Seal all of the records delivered to the court under division (A)(3) of this section,

in a separate file in which only sealed records are maintained. (B) Except as provided in division (D) of this section, an order to seal under section 2151.356 of the Revised Code applies to every public office or agency that has a record relating to the case,

regardless of whether it receives notice of the hearing on the sealing of the record

or a copy of the order.  Except as provided in division (D) of this section, upon the written request of

a person whose record has been sealed and the presentation of a copy of the order

and compliance with division (A)(3) of this section, a public office or agency shall

expunge its record relating to the case, except a record of the adjudication or arrest

or taking into custody that is maintained for compiling statistical data and that

does not contain any reference to the person who is the subject of the order. (C) The court that maintains sealed records pursuant to this section may maintain a manual

or computerized index of the sealed records and shall make the index available only

for the purposes set forth in division (E) of this section. (1) Each entry regarding a sealed record in the index of sealed records shall contain

all of the following: (a) The name of the person who is the subject of the sealed record; (b) An alphanumeric identifier relating to the person who is the subject of the sealed

record; (c) The word “sealed”; (d) The name of the court that has custody of the sealed record. (2) Any entry regarding a sealed record in the index of sealed records shall not contain

either of the following: (a) The social security number of the person who is subject of the sealed record; (b) The name or a description of the act committed. (D) Notwithstanding any provision of this section that requires otherwise, a board of

education of a city, local, exempted village, or joint vocational school district

that maintains records of an individual who has been permanently excluded under sections 3301.121 and 3313.662 of the Revised Code is permitted to maintain records regarding an adjudication that the individual is

a delinquent child that was used as the basis for the individual's permanent exclusion,

regardless of a court order to seal the record.  An order issued under section 2151.356 of the Revised Code to seal the record of an adjudication that an individual is a delinquent child does

not revoke the adjudication order of the director of education and workforce to permanently

exclude the individual who is the subject of the sealing order.  An order to seal the record of an adjudication that an individual is a delinquent

child may be presented to a district superintendent as evidence to support the contention

that the superintendent should recommend that the permanent exclusion of the individual

who is the subject of the sealing order be revoked.  Except as otherwise authorized by this division and sections 3301.121 and 3313.662 of the Revised Code , any school employee in possession of or having access to the sealed adjudication

records of an individual that were the basis of a permanent exclusion of the individual

is subject to division (F) of this section. (E) Inspection of records that have been ordered sealed under section 2151.356 of the Revised Code may be made only by the following persons or for the following purposes: (1) By the court; (2) If the records in question pertain to an act that would be an offense of violence

that would be a felony if committed by an adult, by any law enforcement officer or

any prosecutor, or the assistants of a law enforcement officer or prosecutor, for

any valid law enforcement or prosecutorial purpose; (3) Upon application by the person who is the subject of the sealed records, by the person

that is named in that application; (4) If the records in question pertain to an alleged violation of division (E)(1) of section 4301.69 of the Revised Code , by any law enforcement officer or any prosecutor, or the assistants of a law enforcement

officer or prosecutor, for the purpose of determining whether the person is eligible

for diversion under division (E)(2) of section 4301.69 of the Revised Code ; (5) At the request of a party in a civil action that is based on a case the records for

which are the subject of a sealing order issued under section 2151.356 of the Revised Code , as needed for the civil action.  The party also may copy the records as needed for the civil action.  The sealed records shall be used solely in the civil action and are otherwise confidential

and subject to the provisions of this section; (6) By the attorney general or an authorized employee of the attorney general or the

court for purposes of determining whether a child is a public registry-qualified juvenile

offender registrant, as defined in section 2950.01 of the Revised Code , for purposes of Chapter 2950. of the Revised Code. (F) No officer or employee of the state or any of its political subdivisions shall knowingly

release, disseminate, or make available for any purpose involving employment, bonding,

licensing, or education to any person or to any department, agency, or other instrumentality

of the state or of any of its political subdivisions any information or other data

concerning any arrest, taking into custody, complaint, indictment, information, trial,

hearing, adjudication, or correctional supervision, the records of which have been

sealed pursuant to section 2151.356 of the Revised Code and the release, dissemination, or making available of which is not expressly permitted

by this section.  Whoever violates this division is guilty of divulging confidential information,

a misdemeanor of the fourth degree. (G) In any application for employment, license, or other right or privilege, any appearance

as a witness, or any other inquiry, a person may not be questioned with respect to

any arrest or taking into custody for which the records were sealed.  If an inquiry is made in violation of this division, the person may respond as if

the sealed arrest or taking into custody did not occur, and the person shall not be

subject to any adverse action because of the arrest or taking into custody or the

response. (H) The judgment rendered by the court under this chapter shall not impose any of the

civil disabilities ordinarily imposed by conviction of a crime in that the child is

not a criminal by reason of the adjudication, and no child shall be charged with or

convicted of a crime in any court except as provided by this chapter.  The disposition of a child under the judgment rendered or any evidence given in

court shall not operate to disqualify a child in any future civil service examination,

appointment, or application.  Evidence of a judgment rendered and the disposition of a child under the judgment

is not admissible to impeach the credibility of the child in any action or proceeding.  Otherwise, the disposition of a child under the judgment rendered or any evidence

given in court is admissible as evidence for or against the child in any action or

proceeding in any court in accordance with the Rules of Evidence and also may be considered

by any court as to the matter of sentence or to the granting of probation, and a court

may consider the judgment rendered and the disposition of a child under that judgment

for purposes of determining whether the child, for a future criminal conviction or

guilty plea, is a repeat violent offender, as defined in section 2929.01 of the Revised Code .