Allow suppression of eviction records in certain circumstances

As Introduced

136th
General Assembly

Regular
Session
S. B. No. 204

2025-2026

Senator Reynolds

To
amend section 1923.06 and to enact section 1923.111 of the Revised
Code
to
provide for the suppression of eviction records in certain
circumstances.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
section 1923.06 be amended and section 1923.111 of the Revised Code
be enacted to read as follows:

Sec.
1923.06.
(A)
Any summons in an action, including a claim for possession, pursuant
to this chapter shall be issued, be in the form specified, and be
served and returned as provided in this section. Such service shall
be at least seven days before the day set for trial.

(B)
Every summons issued under this section to recover residential
premises shall contain
both
of
the
following
:

(1)
The following

language printed in a conspicuous manner: "A complaint to evict
you has been filed with this court. No person shall be evicted unless
the person's right to possession has ended and no person shall be
evicted in retaliation for the exercise of the person's lawful
rights. If you are depositing rent with the clerk of this court you
shall continue to deposit such rent until the time of the court
hearing. The failure to continue to deposit such rent may result in
your eviction. You may request a trial by jury. You have the right to
seek legal assistance. If you cannot afford a lawyer, you may contact
your local legal aid or legal service office. If none is available,
you may contact your local bar association."

(2)
A statement in bold-face type notifying the defendant of both of the
following:

(a)
Any records associated with the action are suppressed and not
accessible to the public until an order is entered granting the
plaintiff possession of the premises.

(b)
If the plaintiff is granted possession of the premises, the court
records may remain private if both parties agree to suppress the
records.

(C)
The clerk of the court in which a complaint to evict is filed shall
mail any summons by ordinary mail, along with a copy of the
complaint, document, or other process to be served, to the defendant
at the address set forth in the caption of the summons and to any
address set forth in any written instructions furnished to the clerk.
The mailing shall be evidenced by a certificate of mailing which the
clerk shall complete and file.

In
addition to this ordinary mail service, the clerk also shall cause
service of that process to be completed under either of the
following:

(1)
Division (D) or (E) of this section or both, depending upon which of
those two methods of service is requested by the plaintiff upon
filing the complaint to evict;

(2)
Division (F) of this section if the action relates to a deceased
manufactured home park resident.

(D)(1)
If requested, the clerk shall deliver sufficient copies of the
summons, complaint, document, or other process to be served to, and
service shall be made by, one of the following persons:

(a)
The sheriff of the county in which the premises are located when the
process issues from a court of common pleas or county court;

(b)
The bailiff of the court for service when process issues from a
municipal court;

(c)
Any person who is eighteen years of age or older, who is not a party,
and who has been designated by order of the court to make service of
process when process issues from any of the courts referred to in
divisions (D)(1)(a) and (b) of this section.

(2)
The person serving process shall effect service at the premises that
are the subject of the forcible entry and detainer action by one of
the following means:

(a)
By locating the person to be served at the premises to tender a copy
of the process and accompanying documents to that person;

(b)
By leaving a copy of the summons, complaint, document, or other
process with a person of suitable age and discretion found at the
premises if the person to be served cannot be found at the time the
person making service attempts to serve the summons pursuant to
division (D)(2)(a) of this section;

(c)
By posting a copy in a conspicuous place on the subject premises if
service cannot be made pursuant to divisions (D)(2)(a) and (b) of
this section.

(3)
Within five days after receiving the summons, complaint, document, or
other process from the clerk for service, the person making service
shall return the process to the clerk. The person shall indicate on
the process which method described in division (D)(2) of this section
was used to serve the summons. The clerk shall make the appropriate
entry on the appearance docket.

(E)
If requested, the clerk shall mail by certified mail, return receipt
requested, a copy of the summons, complaint, document, or other
process to be served to the address set forth in the caption of the
summons and to any address set forth in any written instructions
furnished to the clerk.

(F)(1)
If the person to be evicted in an action pursuant to this chapter is
a deceased manufactured home park resident, the plaintiff shall
provide to the clerk the following information:

(a)
If the plaintiff knows that a probate court has granted letters
testamentary or of administration for the estate of the deceased
resident, the name and address of the probate court, the case number
of the estate, and the name and address of the executor or
administrator appointed by the probate court;

(b)
If the plaintiff knows that a probate court has not granted letters
testamentary or of administration for the estate of the deceased
resident or does not know whether or not a probate court has granted
letters testamentary or of administration for the estate, the names
and addresses of the deceased resident's spouse and any other members
of the deceased resident's immediate family that are known to the
plaintiff;

(c)
If the plaintiff does not possess the information set forth in
division (F)(1)(a) or (b) of this section, an affidavit from the
plaintiff stating that the plaintiff does not possess the
information.

(2)(a)
Upon receipt from the plaintiff of the information set forth in
division (F)(1)(a) of this section, the clerk shall mail by certified
mail, return receipt requested, a copy of the summons, complaint,
document, or other process to be served to the address of the
executor or administrator appointed by the probate court.

(b)
Upon receipt from the plaintiff of the information set forth in
division (F)(1)(b) or (c) of this section, the clerk shall do both of
the following:

(i)
Mail by ordinary mail and by certified mail, return receipt
requested, a copy of the summons, complaint, document, or other
process to be served to the persons and addresses provided by the
plaintiff, if any. The ordinary mail mailing shall be evidenced by a
certificate of mailing that the clerk shall complete and file.

(ii)
Cause service of notice to be made by publication in a newspaper of
general circulation in the county in which the complaint is filed.
The publication shall set forth the name and address of the court,
the case number, the name and address of the plaintiff or the
plaintiff's attorney, and the name and address of the deceased
manufactured home park resident. The publication shall describe the
premises entered upon and detained, shall contain a summary statement
of the object of the eviction complaint against the deceased
resident, and shall state that the claim for restitution of the
premises shall be scheduled for a hearing in accordance with local
court rules, but in no event sooner than the seventh day from the
date service is complete. The clerk shall cause the publication to be
published at least once a week for two weeks.

(G)
Service of process shall be deemed complete on the date that any of
the following has occurred:

(1)
Service is made pursuant to division (D)(2)(a) or (b) of this
section.

(2)
Both ordinary mail service under division (C) and service by posting
pursuant to division (D)(2)(c) of this section have been made.

(3)
For service performed pursuant to division (E) or (F)(2)(a) of this
section, on the date of mailing, if on the date of the hearing either
of the following applies:

(a)
The certified mail has not been returned for any reason other than
refused or unclaimed.

(b)
The certified mail has not been endorsed, and the ordinary mail has
not been returned.

(4)
For service performed under division (F)(2)(b) of this section, on
the date of mailing under division (F)(2)(b)(i) of this section or on
the date of the last publication under division (F)(2)(b)(ii) of this
section, whichever is later, if on the date of the hearing, either of
the following applies:

(a)
The certified mail has not been returned for any reason other than
refused or unclaimed.

(b)
The certified mail has not been endorsed, and the ordinary mail has
not been returned.

(H)(1)
The claim for restitution of the premises shall be scheduled for
hearing in accordance with local court rules, but in no event sooner
than the seventh day from the date service is complete.

(2)
Answer day for any other claims filed with the claim for possession
shall be twenty-eight days from the date service is deemed complete
under this section.

(I)
As used in this section, "immediate family" means a
person's spouse, brothers and sisters of the whole or half blood,
children, including adopted children and stepchildren, parents, and
grandparents.

Sec.
1923.111.
(A)
For purposes of this section, "suppressed court record"
means a court record that is accessible only to the following:

(1)
Judges;

(2)
Court staff;

(3)
A party to the case;

(4)
A party's attorney, if applicable;

(5)
Authorized judicial department staff;

(6)
A person with a valid court order authorizing access to the court
record.

(B)
Upon the commencement of an action under this chapter, a court shall
make any court record of the action a suppressed court record.

(C)
If a plaintiff prevails on the merits in the action, the record under
division (B) of this section is no longer a suppressed court record,
and the court shall make the record available to the public unless
the parties to the action agree that the record shall remain
suppressed. If the parties agree that the record shall remain
suppressed, the record remains a suppressed court record.

(D)
Any court record of the action under division (B) of this section
shall remain a suppressed court record when either of the following
applies:

(1)
The action was dismissed.

(2)
Judgment was granted for the defendant in the action.

(E)
Nothing in this section prevents the names of the parties included in
a court record that is suppressed pursuant to this section from being
used by the court for administrative purposes. The court shall not
publish the names of the parties online.

Section
2.
That
existing section 1923.06 of the Revised Code is hereby repealed.