2006 Ohio Revised Code - 2953.33. Rights and privileges restored; answering questions.

§ 2953.33. Rights and privileges restored; answering questions.
 

(A)  Except as provided in division (G) of section 2953.32 of the Revised Code, an order to seal the record of a person's conviction restores the person who is the subject of the order to all rights and privileges not otherwise restored by termination of the sentence or community control sanction or by final release on parole or post-release control. 

(B)  In any application for employment, license, or other right or privilege, any appearance as a witness, or any other inquiry, except as provided in division (E) of section 2953.32 of the Revised Code, a person may be questioned only with respect to convictions not sealed, bail forfeitures not expunged under section 2953.42 of the Revised Code as it existed prior to June 29, 1988, and bail forfeitures not sealed, unless the question bears a direct and substantial relationship to the position for which the person is being considered. 
 

HISTORY: 135 v S 5 (Eff 1-1-74); 138 v H 105 (Eff 10-25-79); 142 v H 175 (Eff 6-29-88); 144 v H 154. Eff 7-31-92; 149 v H 490, § 1, eff. 1-1-04.
 

The effective date is set by section 4 of H.B. 490. 

The provisions of § 7 of S.B. 123 (149 v  - ) read as follows: 

SECTION 7. (A) If, on or after March 31, 1999, a person filed an application in a court that requested the sealing of a conviction record under sections 2953.31 to 2953.36 of the Revised Code, if at the time the application was filed section 2953.36 did not make sections 2953.31 to 2953.35 of the Revised Code inapplicable to the conviction that was the subject of the application, if the person withdrew the application prior to March 31, 2001, and if the person refiles an application in the appropriate court within ninety days after the effective date of this section that requests the sealing of the same conviction record under sections 2953.31 to 2953.36 of the Revised Code, all of the following apply: 

(1) Divisions (C), (D), and (E) of section 2953.36 of the Revised Code, as they have existed since March 23, 2000, do not apply regarding the application or the determination of whether it should be accepted or granted, and the court may accept and grant the application regardless of whether the conviction that is the subject of the application is a conviction to which any of those divisions, but for the operation of this division, makes sections 2953.31 to 2953.35 of the Revised Code inapplicable. 

(2) Except as provided in division (A)(1) of this section, the provisions of sections 2953.31 to 2953.36 of the Revised Code that are in effect at the time of the refiling of the application apply regarding the application and the determination of whether it should be granted. 

(B) This section shall expire one year after this act becomes law. 

 

Effect of Amendments

H.B. 490, Acts 2002, effective January 1, 2004, in (A), substituted "community control sanction" for "probation", and inserted "or post-release control".