Ohio § 2953.33

§ 2953.33.

(A)(1) Any person, who is found not guilty of an offense by a jury or a court or who is

the defendant named in a dismissed complaint, indictment, or information, may apply

to the court for an order to seal or, except as provided in division (C) of this section,

expunge the person's official records in the case.  Except as provided in section 2953.61 of the Revised Code , the application may be filed at any time after the finding of not guilty or the

dismissal of the complaint, indictment, or information is entered upon the minutes

of the court or the journal, whichever entry occurs first. (2) Any person, against whom a no bill is entered by a grand jury, may apply to the court

for an order to seal or, except as provided in division (C) of this section, expunge

the person's official records in the case.  Except as provided in section 2953.61 of the Revised Code , the application may be filed at any time after the expiration of two years after

the date on which the foreperson or deputy foreperson of the grand jury reports to

the court that the grand jury has reported a no bill. (3) Any person who is granted by the governor under division (B) of section 2967.02 of the Revised Code an absolute and entire pardon, a partial pardon, or a pardon upon conditions precedent

or subsequent may apply to the court for an order to seal the person's official records

in the case in which the person was convicted of the offense for which any of those

types of pardons are granted.  The application may be filed at any time after an absolute and entire pardon or

a partial pardon is granted or at any time after all of the conditions precedent or

subsequent to the pardon are met. (B)(1) Upon the filing of an application pursuant to division (A) of this section, the court

shall set a date for a hearing and shall notify the prosecutor in the case of the

hearing on the application.  The court shall hold the hearing not less than forty-five days and not more than

ninety days from the date of the filing of the application.  The prosecutor may object to the granting of the application by filing a written

objection with the court not later than thirty days prior to the date set for the

hearing.  The prosecutor shall specify in the objection the reasons the prosecutor believes

justify a denial of the application. (2) The court shall do each of the following, except as provided in division (B)(3) of

this section: (a)(i) Determine whether the person was found not guilty in the case, or the complaint,

indictment, or information in the case was dismissed, or a no bill was returned in

the case and a period of two years or a longer period as required by section 2953.61 of the Revised Code has expired from the date of the report to the court of that no bill by the foreperson

or deputy foreperson of the grand jury; (ii) If the complaint, indictment, or information in the case was dismissed, determine

whether it was dismissed with prejudice or without prejudice and, if it was dismissed

without prejudice, determine whether the relevant statute of limitations has expired; (b) Determine whether criminal proceedings are pending against the person; (c) If the prosecutor has filed an objection in accordance with division (B)(1) of this

section, consider the reasons against granting the application specified by the prosecutor

in the objection; (d) If the person was granted a pardon upon conditions precedent or subsequent for the

offense for which the person was convicted, determine whether all of those conditions

have been met; (e) Weigh the interests of the person in having the official records pertaining to the

case sealed or expunged, as applicable, against the legitimate needs, if any, of the

government to maintain those records. (3) If the court determines after complying with division (B)(2)(a) of this section that

the person was found not guilty in the case, that the complaint, indictment, or information

in the case was dismissed with prejudice, that the complaint, indictment, or information

in the case was dismissed without prejudice and that the relevant statute of limitations

has expired, or the individual was granted by the governor an absolute and entire

pardon, a partial pardon, or a pardon upon conditions precedent or subsequent that

have been met, the court shall issue an order to the superintendent of the bureau

of criminal identification and investigation directing that the superintendent expunge

or seal or cause to be sealed, as applicable, the official records in the case consisting

of DNA specimens that are in the possession of the bureau and all DNA records and

DNA profiles.  The determinations and considerations described in divisions (B)(2)(b), (c), and

(e) of this section do not apply with respect to a determination of the court described

in this division. (4) The determinations described in this division are separate from the determination

described in division (B)(3) of this section.  If the court determines, after complying with division (B)(2) of this section, that

the person was found not guilty in the case, that the complaint, indictment, or information

in the case was dismissed, the individual was granted by the governor an absolute

and entire pardon, a partial pardon, or a pardon upon conditions precedent or subsequent

that have been met, or that a no bill was returned in the case and that the appropriate

period of time has expired from the date of the report to the court of the no bill

by the foreperson or deputy foreperson of the grand jury;  that no criminal proceedings

are pending against the person;  and the interests of the person in having the records

pertaining to the case sealed or expunged, as applicable, are not outweighed by any

legitimate governmental needs to maintain such records, or if division (E)(2)(b) of section 4301.69 of the Revised Code applies, in addition to the order required under division (B)(3) of this section,

the court shall issue an order directing that all official records pertaining to the

case be sealed or expunged, as applicable, and that, except as provided in section 2953.34 of the Revised Code , the proceedings in the case be deemed not to have occurred. (5) Any DNA specimens, DNA records, and DNA profiles ordered to be sealed or expunged

under this section shall not be sealed or expunged if the person with respect to whom

the order applies is otherwise eligible to have DNA records or a DNA profile in the

national DNA index system. (C)(1) A person who is the defendant named in a dismissed complaint, indictment, or information

or against whom a no bill is entered by a grand jury is not entitled to have records

of the case expunged under this section if the case involves any of the following

offenses: (a) A violation of any section contained in Chapter 4506., 4507., 4510., 4511., or 4549.

of the Revised Code, or a violation of a municipal ordinance that is substantially

similar to any section contained in any of those chapters; (b) A felony offense of violence that is not a sexually oriented offense; (c) A sexually oriented offense when the offender is subject to the requirements of Chapter

2950. of the Revised Code or Chapter 2950. of the Revised Code as it existed prior

to January 1, 2008; (d) An offense involving a victim who is less than thirteen years of age, except for

an offense under section 2919.21 of the Revised Code ; (e) A felony of the first or second degree; (f) A violation of section 2919.25 or 2919.27 of the Revised Code or a violation of a municipal ordinance that is substantially similar to either section; (g) A violation that is a felony of the third degree if the person has more than one

prior conviction of any felony or, if the person has exactly one prior conviction

of a felony of the third degree, the person has more prior convictions in total than

a third degree felony conviction and two misdemeanor convictions. (2) As used in division (C) of this section, “sexually oriented offense” has the same

meaning as in section 2950.01 of the Revised Code .