Ohio Revised Code Search
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Section 2953.13 | Reversal of conviction.
...When a defendant has been committed to a state correctional institution and the judgment by virtue of which the commitment was made is reversed on appeal, and the defendant is entitled to discharge or a new trial, or when the case is remanded to the trial court for any reason, the clerk of the court reversing the judgment or remanding the case, under the seal of the court, shall forthwith certify the reversal ... |
Section 2953.14 | State may institute appeal.
...Whenever a court superior to the trial court renders judgment adverse to the state in a criminal action or proceeding, the state, through either the prosecuting attorney or the attorney general, may institute an appeal to reverse such judgment in the next higher court. If the conviction was for a violation of a municipal ordinance, such appeal may be brought by the village solicitor, city director of law, or other ch... |
Section 2953.21 | Post conviction relief petition.
...(A)(1)(a) A person in any of the following categories may file a petition in the court that imposed sentence, stating the grounds for relief relied upon, and asking the court to vacate or set aside the judgment or sentence or to grant other appropriate relief: (i) Any person who has been convicted of a criminal offense or adjudicated a delinquent child and who claims that there was such a denial or infringement of ... |
Section 2953.22 | Post conviction relief hearing.
...If a hearing is granted pursuant to section 2953.21 of the Revised Code, the petitioner shall be permitted to attend the hearing. Testimony of the prisoner or other witnesses may be offered by deposition. If the petitioner is in a state correctional institution, he may be returned for the hearing upon the warrant of the court of common pleas of the county where the hearing is to be held. The approval of the governo... |
Section 2953.23 | Post conviction relief petition - time for filing.
...(A) Whether a hearing is or is not held on a petition filed pursuant to section 2953.21 of the Revised Code, a court may not entertain a petition filed after the expiration of the period prescribed in division (A) of that section or a second petition or successive petitions for similar relief on behalf of a petitioner unless division (A)(1) or (2) of this section applies: (1) Both of the following apply: (a) Eith... |
Section 2953.25 | Certificate of qualification for employment for persons subject to collateral sanctions.
...n. (6) "Offense" means any felony or misdemeanor under the laws of this state. (7) "Political subdivision" has the same meaning as in section 2969.21 of the Revised Code. (8) "Discretionary civil impact," "licensing agency," and "mandatory civil impact" have the same meanings as in section 2961.21 of the Revised Code. (B)(1) An individual who is subject to one or more collateral sanctions as a result of b... |
Section 2953.26 | Petition for certificate of qualification for housing.
...on. (4) "Offense" means any felony or misdemeanor under the laws of this state. (5) "Tort action" means a civil action for injury, death, or loss to person or property. (B)(1) An individual who is subject to one or more collateral sanctions for housing as a result of being convicted of or pleading guilty to an offense and who has not already received a certificate of qualification for housing under section 2961... |
Section 2953.31 | Sealing or expungement of record of conviction or bail forfeiture - definitions.
...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. (3) "Official records" means all records that are possessed by any public office or agency that relate to a criminal case, including, but not limited to: the notation to the case in the criminal docket; a... |
Section 2953.32 | Sealing or expungement of record of conviction record or bail forfeiture; exceptions.
...third degree felony convictions and two misdemeanor convictions. (2) Sections 2953.32 to 2953.34 of the Revised Code apply to a conviction for a violation of section 2919.25 of the Revised Code that is a misdemeanor of the fourth degree for purposes of sealing, but not for purposes of expungement of the record of the case. (B)(1) Except as provided in section 2953.61 of the Revised Code or as otherwise provided... |
Section 2953.33 | [Former R.C. 2953.52, amended and renumbered by S.B. 288, 134th General Assembly, effective 4/4/2023] Sealing of official records after not guilty finding, dismissal of proceedings, grand jury no bill, or pardon.
... 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. |
Section 2953.35 | [Former R.C. 2953.37, amended and renumbered by S.B. 288, 134th General Assembly, effective 4/4/2023] Expungement of certain convictions relating to firearms.
...(A) Any person who is convicted of, was convicted of, pleads guilty to, or has pleaded guilty to a violation of division (B), (C), or (E) of section 2923.16 of the Revised Code as the division existed prior to September 30, 2011, or a violation of division (E)(1) or (2) of section 2923.16 of the Revised Code as the division existed prior to June 13, 2022, and who is authorized by division (H)(2)(a) of that section to... |
Section 2953.36 | [Former R.C. 2953.38, amended and renumbered by S.B. 288, 134th General Assembly, effective 4/4/2023] Expungement of certain convictions for victims of human trafficking.
...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 conv... |
Section 2953.37 | [Former R.C. 2953.56, renumbered by S.B. 288, 134th General Assembly, effective 4/4/2023] Violations of R.C. 2953.31 to 2953.61 not basis to exclude or suppress certain evidence.
...Violations of sections 2953.31 to 2953.61 of the Revised Code shall not provide the basis to exclude or suppress any of the following evidence that is otherwise admissible in a criminal proceeding, delinquent child proceeding, or other legal proceeding: (A) DNA records collected in the DNA database; (B) Fingerprints filed for record by the superintendent of the bureau of criminal identification and investigation... |
Section 2953.39 | Low-level controlled substance offense conviction record sealing or expungement, on prosecutor's motion.
...ter 2925. of the Revised Code that is a misdemeanor of the fourth degree or a minor misdemeanor or a violation of an ordinance of a municipal corporation that is substantially equivalent to a violation of any provision of Chapter 2925. of the Revised Code and that, if the violation were to be charged under the provision of Chapter 2925. of the Revised Code, would be a misdemeanor of the fourth degree or a minor misde... |
Section 2953.521 | Expungement of record of not guilty finding or dismissed charges when defendant victim of human trafficking.
...(A) 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 expunge the person's official records in the case if the complaint, indictment, information, or finding of not guilty that is the subject of the application was the result of the applicant having been a victim of human traff... |
Section 2953.57 | Timing of judgment vacating and setting aside conviction because of DNA testing.
...(A) A court that enters a judgment that vacates and sets aside the conviction of a person because of DNA testing that was performed under sections 2953.71 to 2953.81 of the Revised Code or under section 2953.82 of the Revised Code shall issue ninety days after the court vacates and sets aside the conviction an order directing that all official records pertaining to the case involving the vacated conviction be sealed ... |
Section 2953.58 | Effect of sealing order under R.C. 2953.57.
...(A) The court shall send notice of an order to seal official records issued pursuant to section 2953.57 of the Revised Code to any public office or agency that the court knows or has reason to believe may have any record of the case, whether or not it is an official record, that is the subject of the order. The notice shall be sent by certified mail, return receipt requested. (B) A person whose official records ha... |
Section 2953.59 | Law enforcement investigatory work product - sealing order under R.C. 2953.57.
...f divulging confidential information, a misdemeanor of the fourth degree. |
Section 2953.60 | Questioning regarding, or release of, records sealed under R.C. 2953.57.
...f divulging confidential information, a misdemeanor of the fourth degree. |
Section 2953.61 | Multiple charges; sealing or expungement of records.
...(A) Except as provided in division (B)(1) of this section, a person charged with two or more offenses as a result of or in connection with the same act may not apply to the court pursuant to section 2953.32, 2953.33, or 2953.521 of the Revised Code for the sealing or expungement of the person's record in relation to any of the charges, and a prosecutor may not apply to the court pursuant to section 2953.39 of the Rev... |
Section 2953.71 | Post conviction DNA testing definitions.
...As used in sections 2953.71 to 2953.83 of the Revised Code: (A) "Application" or "application for DNA testing" means a request through postconviction relief for the state to do DNA testing on biological material from the case in which the offender was convicted of the offense for which the offender is an eligible offender and is requesting the DNA testing under sections 2953.71 to 2953.81 of the Revised Code.... |
Section 2953.72 | Application for testing.
...(A) Any eligible offender who wishes to request DNA testing under sections 2953.71 to 2953.81 of the Revised Code shall submit an application for the testing to the court of common pleas specified in section 2953.73 of the Revised Code, on a form prescribed by the attorney general for this purpose. The eligible offender shall submit the application in accordance with the procedures set forth in section 2953.73 ... |
Section 2953.73 | Form and service of application.
...(A) An eligible offender who wishes to request DNA testing to be conducted under sections 2953.71 to 2953.81 of the Revised Code shall submit an application for DNA testing on a form prescribed by the attorney general for this purpose and shall submit the form to the court of common pleas that sentenced the offender for the offense for which the offender is an eligible offender and is requesting DNA testing. ... |
Section 2953.74 | Effect of prior tests.
...(A) If an eligible offender submits an application for DNA testing under section 2953.73 of the Revised Code and a prior definitive DNA test has been conducted regarding the same biological evidence that the offender seeks to have tested, the court shall reject the offender's application. If an eligible offender files an application for DNA testing and a prior inconclusive DNA test has been conducted regarding ... |
Section 2953.75 | Prosecutor to use reasonable diligence to obtain biological material for test.
...(A) If an eligible offender submits an application for DNA testing under section 2953.73 of the Revised Code, the court shall require the prosecuting attorney to use reasonable diligence to determine whether biological material was collected from the crime scene or victim of the offense for which the offender is an eligible offender and is requesting the DNA testing against which a sample from the offender can ... |