2006 Ohio Revised Code - 2953.34. First offender may still take appeal or seek relief.
§ 2953.34. First offender may still take appeal or seek relief.
Nothing in
sections 2953.31 to
2953.33 of the Revised Code precludes a first offender from taking an appeal or seeking any relief from his conviction or from relying on it in lieu of any subsequent prosecution for the same offense.
HISTORY: 135 v S 5, § 2. Eff 1-1-74.
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.
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