Ohio § 2953.36

§ 2953.36.

(A)(1) Any person who is or was convicted of a violation of section 2907.24 , 2907.241 , or 2907.25 of the Revised Code may apply to the sentencing court for the expungement of the record of conviction

of any offense, other than a record of conviction of a violation of section 2903.01 , 2903.02 , or 2907.02 of the Revised Code , the person's participation in which was a result of the person having been a victim

of human trafficking. (2) Any person who is or was convicted of a misdemeanor or a felony of the fourth or

fifth degree may apply to the sentencing court for the expungement of the record of

conviction of that offense, the person's participation in which was a result of the

person having been a victim of human trafficking. (3) The person may file the application at any time.  The application may request an order to expunge the record of conviction for more

than one offense, but if it does, the court shall consider the request for each offense

separately as if a separate application had been made for each offense and all references

in divisions (A) to (G) of this section to “ the offense ” or “ that offense ” mean each of those offenses that are the subject of the application.  The application shall do all of the following: (a) Identify the applicant, the offense for which the expungement is sought, the date

of the conviction of that offense, and the court in which the conviction occurred; (b) Describe the evidence and provide copies of any documentation showing that the person

is entitled to relief under this section; (c) Include a request for expungement of the record of conviction of that offense under

this section. (B) The court may deny an application made under division (A) of this section if it finds

that the application fails to assert grounds on which relief may be granted. (C) If the court does not deny an application under division (B) of this section, it

shall set a date for a hearing and shall notify the prosecutor for the case from which

the record of conviction resulted of the hearing on the application.  The prosecutor may object to the granting of the application by filing an objection

with the court prior to the date set for the hearing.  The prosecutor shall specify in the objection the reasons for believing a denial

of the application is justified.  The court may direct its regular probation officer, a state probation officer, or

the department of probation of the county in which the applicant resides to make inquiries

and written reports as the court requires concerning the applicant. (D)(1) At the hearing held under division (C) of this section, the court shall do both of

the following: (a) If the prosecutor has filed an objection, consider the reasons against granting the

application specified by the prosecutor in the objection; (b) Determine whether the applicant, for an application submitted under division (A)(1)

of this section, has demonstrated by a preponderance of the evidence, or for an application

submitted under division (A)(2) of this section, has demonstrated by clear and convincing

evidence, that the applicant's participation in the offense that is the subject of

the application was a result of the applicant having been a victim of human trafficking. (2) If the court at the hearing held under division (C) of this section determines that

the applicant's participation in the offense that is the subject of the application

was a result of the applicant having been a victim of human trafficking and if that

subject offense is a felony of the first or second degree, the court at the hearing

also shall consider all of the following factors and, upon consideration of the factors,

shall determine whether the interests of the applicant in having the record of the

conviction of that offense expunged are outweighed by any legitimate needs of the

government to maintain that record of conviction: (a) The degree of duress under which the applicant acted in committing the subject offense,

including, but not limited to, the history of the use of force or threatened use of

force against the applicant or another person, whether the applicant's judgment or

control was impaired by the administration to the applicant of any intoxicant, drug,

or controlled substance, and the threat of withholding from the applicant food, water,

or any drug; (b) The seriousness of the subject offense; (c) The relative degree of physical harm done to any person in the commission of the

subject offense; (d) The length of time that has expired since the commission of the subject offense; (e) Whether the prosecutor represents to the court that criminal proceedings are likely

to still be initiated against the applicant for a felony offense for which the period

of limitations has not expired; (f) Whether the applicant at the time of the hearing is subject to supervision as a result

of the subject offense. (E) If after a hearing held under division (C) of this section the court finds that the

applicant has demonstrated by a preponderance of the evidence for an application made

under division (A)(1) of this section, or by clear and convincing evidence for an

application made under division (A)(2) of this section, that the applicant's participation

in the offense that is the subject of the application was the result of the applicant

having been a victim of human trafficking, and, if the offense that is the subject

of the application is a felony of the first or second degree, after consideration

of the factors required under division (D)(2) of this section, it finds that the interests

of the applicant in having the record of the conviction of that offense expunged are

not outweighed by any legitimate needs of the government to maintain that record of

conviction, the court shall grant the application and order that the record of conviction

be expunged. (F)(1) The court shall send notice of the order of expungement issued under division (E)

of this section to each public office or agency that the court has reason to believe

may have an official record pertaining to the case. (2) The proceedings in the case that is the subject of an order of expungement issued

under division (E) of this section shall be considered not to have occurred and the

conviction of the person who is the subject of the proceedings shall be expunged.  The record of the conviction shall not be used for any purpose, including, but not

limited to, a criminal records check under section 109.572 of the Revised Code .  The applicant may, and the court shall, reply that no record exists with respect

to the applicant upon any inquiry into the matter. (G) Upon the filing of an application under this section, the applicant, unless indigent,

shall pay a fee of fifty dollars.  The court shall pay thirty dollars of the fee into the state treasury and shall

pay twenty dollars of the fee into the county general revenue fund.