Ohio Revised Code Search
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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.
...(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 t... |
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Section 2953.34 | Effect of sealing or expungement order under R.C. 2953.32 or 2953.33.
... exclusive use of the officer in supervising the person while on parole or under a community control sanction or a post-release control sanction, and in making inquiries and written reports as requested by the court or adult parole authority; (3) Upon application by the person who is the subject of the records or a legal representative of that person, by the persons named in the application; (4) By a law enforc... |
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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... |
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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.
...(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 a... |
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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.
...irect result of divulging or otherwise using the records described in divisions (A) and (B) of this section. |
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Section 2953.39 | Low-level controlled substance offense conviction record sealing or expungement, on prosecutor's motion.
...(A) As used in this section: (1) "Applicant prosecutor" means the prosecutor who applies under division (B)(1) of this section for the sealing or expungement of the record of a case that pertains to a conviction of a person of a low-level controlled substance offense. (2) "Low-level controlled substance offense" means a violation of any provision of Chapter 2925. of the Revised Code that is a misdemeanor of the... |
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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... |
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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 ... |
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Section 2953.58 | Effect of sealing order under R.C. 2953.57.
... officer's defense of a civil action arising out of the officer's involvement in that case. |
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Section 2953.59 | Law enforcement investigatory work product - sealing order under R.C. 2953.57.
...(1) Every law enforcement officer possessing records or reports pertaining to the case that are the officer's specific investigatory work product and that are excepted from the definition of "official records" contained in section 2953.31 of the Revised Code shall immediately deliver the records and reports to the officer's employing law enforcement agency. Except as provided in division (A)(3) of this section, no su... |
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Section 2953.60 | Questioning regarding, or release of, records sealed under R.C. 2953.57.
...se 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, complaint, indictment, information, trial, adjudication, or correctional supervision, the records of which have been sealed pursuant to section 2953.57 of the Revised Code, is gu... |
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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... |
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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.... |
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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 ... |
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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. ... |
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Section 2953.74 | Effect of prior tests.
...ave been tampered with or contaminated since they were collected. (D) If an eligible offender submits an application for DNA testing under section 2953.73 of the Revised Code, the court, in determining whether the "outcome determinative" criterion described in divisions (B)(1) and (2) of this section has been satisfied, shall consider all available admissible evidence related to the subject offender's case. (... |
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Section 2953.75 | Prosecutor to use reasonable diligence to obtain biological material for test.
...till exists at that point in time. In using reasonable diligence to make those determinations, the prosecuting attorney shall rely upon all relevant sources, including, but not limited to, all of the following: (1) All prosecuting authorities in 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 and in the appeals of, a... |
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Section 2953.76 | Prosecutor to consult with testing authority.
...have been tampered with or contaminated since they were collected. Upon making its determination under this division, the court shall prepare and retain a written document that contains its determination and the reasoning and rationale for that determination. |
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Section 2953.77 | Chain of custody.
...(A) If an eligible offender submits an application for DNA testing under section 2953.73 of the Revised Code and if the application is accepted and DNA testing is to be performed, the court shall require that the chain of custody remain intact and that all of the applicable following precautions are satisfied to ensure that the parent sample of the biological material collected from the crime scene or the victi... |
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Section 2953.78 | Selection of testing authority.
...(A) If an eligible offender submits an application for DNA testing under section 2953.73 of the Revised Code and if the application is accepted and DNA testing is to be performed, the court shall select the testing authority to be used for the testing. A court shall not select or use a testing authority for DNA testing unless the attorney general approves or designates the testing authority pursuant to division... |
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Section 2953.79 | Obtaining sample from applicant.
... DNA testing is to be performed is refusing to submit to the collection of a sample of biological material from the offender or is hindering the state from obtaining a sample of biological material from the offender at the time and date of the scheduled collection of the sample. If the extracting personnel determine that an offender is refusing to submit to the collection of a sample or is hindering the state ... |
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Section 2953.80 | Criteria for testing authority.
...(A) The attorney general shall not approve or designate a testing authority for conducting DNA testing under section 2953.78 of the Revised Code, and a court shall not select or use a testing authority for DNA testing under that section, unless the testing authority satisfies all of the following criteria: (1) It is in compliance with nationally accepted quality assurance standards for forensic DNA testing or advanc... |
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Section 2953.81 | Test results.
...If an eligible offender submits an application for DNA testing under section 2953.73 of the Revised Code and if DNA testing is performed based on that application, upon completion of the testing, all of the following apply: (A) The court or a designee of the court shall require the state to maintain the results of the testing and to maintain and preserve both the parent sample of the biological material used ... |
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Section 2953.83 | Rules of criminal procedure applicable.
...In any court proceeding under sections 2953.71 to 2953.81 of the Revised Code, the Rules of Criminal Procedure apply, except to the extent that sections 2953.71 to 2953.81 of the Revised Code provide a different procedure or to the extent that the Rules would by their nature be clearly inapplicable. |
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Section 2953.84 | Statutory post-conviction DNA testing not exclusive.
...The provisions of sections 2953.71 to 2953.81 of the Revised Code by which an offender may obtain postconviction DNA testing are not the exclusive means by which an offender may obtain postconviction DNA testing, and the provisions of those sections do not limit or affect any other means by which an offender may obtain postconviction DNA testing. |