2006 Ohio Revised Code - [2151.35.8] 2151.358.Expungement of records.

[§ 2151.35.8] § 2151.358. Expungement of records.
 

(A)  The juvenile court shall expunge all records sealed under section 2151.356 [2151.35.6] of the Revised Code five years after the court issues a sealing order or upon the twenty-third birthday of the person who is the subject of the sealing order, whichever date is earlier. 

(B)  Notwithstanding division (A) of this section, upon application by the person who has had a record sealed under section 2151.356 [2151.35.6] of the Revised Code, the juvenile court may expunge a record sealed under section 2151.356 [2151.35.6] of the Revised Code. In making the determination whether to expunge records, all of the following apply: 

(1) The court may require a person filing an application for expungement to submit any relevant documentation to support the application. 

(2) The court may cause an investigation to be made to determine if the person who is the subject of the proceedings has been rehabilitated to a satisfactory degree. 

(3) The court shall promptly notify the prosecuting attorney of any proceedings to expunge records. 

(4) (a) The prosecuting attorney may file a response with the court within thirty days of receiving notice of the expungement proceedings. 

(b) If the prosecuting attorney does not file a response with the court or if the prosecuting attorney files a response but indicates that the prosecuting attorney does not object to the expungement of the records, the court may order the records of the person that are under consideration to be expunged without conducting a hearing on the application. If the court decides in its discretion to conduct a hearing on the application, the court shall conduct the hearing within thirty days after making that decision and shall give notice, by regular mail, of the date, time, and location of the hearing to the prosecuting attorney and to the person who is the subject of the records under consideration. 

(c) If the prosecuting attorney files a response with the court that indicates that the prosecuting attorney objects to the expungement of the records, the court shall conduct a hearing on the application within thirty days after the court receives the response. The court shall give notice, by regular mail, of the date, time, and location of the hearing to the prosecuting attorney and to the person who is the subject of the records under consideration. 

(5) After conducting a hearing in accordance with division (B)(4) of this section or after due consideration when a hearing is not conducted, the court may order the records of the person that are the subject of the application to be expunged if it finds that the person has been rehabilitated to a satisfactory degree. In determining whether the person has been rehabilitated to a satisfactory degree, the court may consider all of the following: 

(a) The age of the person; 

(b) The nature of the case; 

(c) The cessation or continuation of delinquent, unruly, or criminal behavior; 

(d) The education and employment history of the person; 

(e) Any other circumstances that may relate to the rehabilitation of the person who is the subject of the records under consideration. 

(C)  If the juvenile court is notified by any party in a civil action that a civil action has been filed based on a case the records for which are the subject of a sealing order, the juvenile court shall not expunge a record sealed under section 2151.356 [2151.35.6] of the Revised Code until the civil action has been resolved and is not subject to further appellate review, at which time the records shall be expunged pursuant to division (A) of this section. 

(D)  After the records have been expunged, the person who is the subject of the expunged records properly may, and the court shall, reply that no record exists with respect to the person upon any inquiry in the matter. 
 

HISTORY: 151 v H 137, § 1, eff. 10-12-06.
 

The effective date is set by § 6 of 151 v H 137. 

Analogous in part to former RC § 2151.358 (133 v H 320 (Eff 11-19-69); 137 v H 315 (Eff 3-15-78); 139 v H 440 (Eff 11-23-81); 140 v H 37 (Eff 6-22-84); 144 v H 27 (Eff 10-10-91); 144 v H 154 (Eff 7-31-92); 146 v H 1 (Eff 1-1-96); 146 v S 2 (Eff 7-1-96); 148 v S 181 (Eff 9-4-2000); 148 v S 179, § 3 (Eff 1-1-2002); 149 v H 17. Eff 10-11-2002), repealed 151 v H 137, § 2, eff 10-12-06.