Enact the Grow Act

As Introduced

136th
General Assembly

Regular
Session
S. B. No. 418

2025-2026

Senator Reynolds

To
amend
sections

2953.32

and 2953.34

and to enact sections 2953.322 and 2953.323 of the Revised Code
to
enact the Grow Act to allow for the expedited sealing of certain
criminal records.

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

Section
1.
That

sections

2953.32

and 2953.34

be amended and sections 2953.322 and 2953.323 of the Revised Code be
enacted to read as follows:

Sec.
2953.32.
(A)(1)
Sections 2953.32 to 2953.34 of the Revised Code do not apply to any
of the following:

(a)
Convictions under Chapter 4506., 4507., 4510., 4511., or 4549. of the
Revised Code, or a conviction for a violation of a municipal
ordinance that is substantially similar to any section contained in
any of those chapters;

(b)
Convictions of a felony offense of violence that is not a sexually
oriented offense;

(c)
Convictions of a sexually oriented offense when the offender is
subject to the requirements of Chapter 2950. of the Revised Code or
Chapter 2950. of the Revised Code as it existed prior to January 1,
2008;

(d)
Convictions of an offense in circumstances in which the victim of the
offense was less than thirteen years of age, except for convictions
under section 2919.21 of the Revised Code;

(e)
Convictions of a felony of the first or second degree;

(f)
Except as provided in division (A)(2) of this section, convictions
for a violation of section 2919.25 or 2919.27 of the Revised Code or
a conviction for a violation of a municipal ordinance that is
substantially similar to either section;

(g)
Convictions of a felony of the third degree if the offender has more
than one other conviction of any felony or, if the person has exactly
two convictions of a felony of the third degree, has more convictions
in total than those two third degree felony convictions and two
misdemeanor convictions.

(2)
Sections 2953.32 to 2953.34 of the Revised Code apply to a conviction
for a violation of section 2919.25 of the Revised Code that is a
misdemeanor of the fourth degree for purposes of sealing, but not for
purposes of expungement of the record of the case.

(B)(1)
Except as provided in section 2953.61 of the Revised Code or as
otherwise provided in division (B)(1)(a)(iii) of this section, an
eligible offender may apply to the sentencing court if convicted in
this state, or to a court of common pleas if convicted in another
state or in a federal court, for the sealing or expungement of the
record of the case that pertains to the conviction, except for
convictions listed in division (A)(1) of this section. Application
may be made at whichever of the following times is applicable
regarding the offense:

(a)
An application for sealing under this section may be made at
whichever of the following times is applicable regarding the offense:

(i)
Except as otherwise provided in division (B)(1)(a)(iv) of this
section, at the expiration of three years after the offender's final
discharge if convicted of one or two felonies of the third degree, so
long as none of the offenses is a violation of section 2921.43 of the
Revised Code;

(ii)
Except as otherwise provided in division (B)(1)(a)(iv) of this
section, at the expiration of one year after the offender's final
discharge if convicted of one or more felonies of the fourth or fifth
degree or one or more misdemeanors, so long as none of the offenses
is a violation of section 2921.43 of the Revised Code or a felony
offense of violence;

(iii)
At the expiration of seven years after the offender's final discharge
if the record includes one or more convictions of soliciting improper
compensation in violation of section 2921.43 of the Revised Code;

(iv)
If the offender was subject to the requirements of Chapter 2950. of
the Revised Code or Chapter 2950. of the Revised Code as it existed
prior to January 1, 2008, at the expiration of five years after the
requirements have ended under section 2950.07 of the Revised Code or
section 2950.07 of the Revised Code as it existed prior to January 1,
2008, or are terminated under section 2950.15 or 2950.151 of the
Revised Code;

(v)
At the expiration of six months after the offender's final discharge
if convicted of a minor misdemeanor.

(b)
An application for expungement under this section may be made at
whichever of the following times is applicable regarding the offense:

(i)
Except as otherwise provided in division (B)(1)(b)(ii) of this
section, if the offense is a misdemeanor, at the expiration of one
year after the offender's final discharge;

(ii)
If the offense is a minor misdemeanor, at the expiration of six
months after the offender's final discharge;

(iii)
If the offense is a felony, at the expiration of ten years after the
time specified in division (B)(1)(a) of this section at which the
person may file an application for sealing with respect to that
felony offense.

(2)
Any person who has been arrested for any misdemeanor offense and who
has effected a bail forfeiture for the offense charged may apply to
the court in which the misdemeanor criminal case was pending when
bail was forfeited for the sealing or expungement of the record of
the case that pertains to the charge. Except as provided in section
2953.61 of the Revised Code, the application may be filed at
whichever of the following times is applicable regarding the offense:

(a)
An application for sealing under this section may be made at any time
after the date on which the bail forfeiture was entered upon the
minutes of the court or the journal, whichever entry occurs first.

(b)
An application for expungement under this section may be made at
whichever of the following times is applicable regarding the offense:

(i)
Except as provided in division (B)(2)(b)(ii) of this section, at any
time after the expiration of one year from the date on which the bail
forfeiture was entered upon the minutes of the court or the journal,
whichever entry occurs first;

(ii)
If the offense is a minor misdemeanor, at any time after the
expiration of six months from the date on which the bail forfeiture
was entered upon the minutes of the court or the journal, whichever
entry occurs first.

(C)
Upon the filing of an application under this section, the court shall
set a date for a hearing and shall notify the prosecutor for the case
of the hearing on the application not less than sixty days prior to
the hearing. Pursuant to the Ohio Constitution, the prosecutor shall
provide timely notice of the application and the date and time of the
hearing to a victim and victim's representative, if applicable, if
the victim or victim's representative requested notice of the
proceedings in the underlying case. The court shall hold the hearing
not less than forty-five days and not more than ninety days from the
date of the filing of the application. The prosecutor may object to
the granting of the application by filing a written objection with
the court not later than thirty days prior to the date set for the
hearing. The prosecutor shall specify in the objection the reasons
for believing a denial of the application is justified. The victim,
victim's representative, and victim's attorney, if applicable, may be
present and heard orally, in writing, or both at any hearing under
this section. The court shall direct its regular probation officer, a
state probation officer, or the department of probation of the county
in which the applicant resides to make inquiries and written reports
as the court requires concerning the applicant. The probation officer
or county department of probation that the court directs to make
inquiries and written reports as the court requires concerning the
applicant shall determine whether or not the applicant was
fingerprinted at the time of arrest or under section 109.60 of the
Revised Code. If the applicant was so fingerprinted, the probation
officer or county department of probation shall include with the
written report a record of the applicant's fingerprints. If the
applicant was convicted of or pleaded guilty to a violation of
division (A)(2) or (B) of section 2919.21 of the Revised Code, the
probation officer or county department of probation that the court
directed to make inquiries concerning the applicant shall contact the
child support enforcement agency enforcing the applicant's
obligations under the child support order to inquire about the
offender's compliance with the child support order.

(D)(1)
At the hearing held under division (C) of this section, the court
shall do each of the following:

(a)
Determine whether the applicant is pursuing sealing or expunging a
conviction of an offense that is prohibited under division (A) of
this section or whether the forfeiture of bail was agreed to by the
applicant and the prosecutor in the case, and determine whether the
application was made at the time specified in division (B)(1)(a) or
(b) or division (B)(2)(a) or (b) of this section that is applicable
with respect to the application and the subject offense;

(b)
Determine whether criminal proceedings are pending against the
applicant;

(c)
Determine whether the applicant has been rehabilitated to the
satisfaction of the court;

(d)
If the prosecutor has filed an objection in accordance with division
(C) of this section, consider the reasons against granting the
application specified by the prosecutor in the objection;

(e)
If the victim objected, pursuant to the Ohio Constitution, consider
the reasons against granting the application specified by the victim
in the objection;

(f)
Weigh the interests of the applicant in having the records pertaining
to the applicant's conviction or bail forfeiture sealed or expunged
against the legitimate needs, if any, of the government to maintain
those records;

(g)
Consider the oral or written statement of any victim, victim's
representative, and victim's attorney, if applicable;

(h)
If the applicant was an eligible offender of the type described in
division (A)(3) of section 2953.36 of the Revised Code as it existed
prior to the effective date of this amendment, determine whether the
offender has been rehabilitated to a satisfactory degree. In making
the determination, the court may consider all of the following:

(i)
The age of the offender;

(ii)
The facts and circumstances of the offense;

(iii)
The cessation or continuation of criminal behavior;

(iv)
The education and employment of the offender;

(v)
Any other circumstances that may relate to the offender's
rehabilitation.

(2)
If the court determines, after complying with division (D)(1) of this
section, that the offender is not pursuing sealing or expunging a
conviction of an offense that is prohibited under division (A) of
this section or that the forfeiture of bail was agreed to by the
applicant and the prosecutor in the case, that the application was
made at the time specified in division (B)(1)(a) or (b) or division
(B)(2)(a) or (b) of this section that is applicable with respect to
the application and the subject offense, that no criminal proceeding
is pending against the applicant, that the interests of the applicant
in having the records pertaining to the applicant's conviction or
bail forfeiture sealed or expunged are not outweighed by any
legitimate governmental needs to maintain those records, and that the
rehabilitation of the applicant has been attained to the satisfaction
of the court, both of the following apply:

(a)
The court, except as provided in division (D)(4) or (5) of this
section or division (D), (F), or (G) of section 2953.34 of the
Revised Code, shall order all official records of the case that
pertain to the conviction or bail forfeiture sealed if the
application was for sealing or expunged if the application was for
expungement and, except as provided in division (C) of section
2953.34 of the Revised Code, all index references to the case that
pertain to the conviction or bail forfeiture deleted and, in the case
of bail forfeitures, shall dismiss the charges in the case.

(b)
The proceedings in the case that pertain to the conviction or bail
forfeiture shall be considered not to have occurred and the
conviction or bail forfeiture of the person who is the subject of the
proceedings shall be sealed if the application was for sealing or
expunged if the application was for expungement, except that upon
conviction of a subsequent offense, a sealed record of prior
conviction or bail forfeiture may be considered by the court in
determining the sentence or other appropriate disposition, including
the relief provided for in sections 2953.31, 2953.32, and 2953.34 of
the Revised Code.

(3)
An applicant may request the sealing or expungement of the records of
more than one case in a single application under this section. Upon
the filing of an application under this section, the applicant,
unless the applicant presents a poverty affidavit showing that the
applicant is indigent, shall pay an application fee of fifty dollars
and may pay a local court fee of not more than fifty dollars,
regardless of the number of records the application requests to have
sealed or expunged. If the applicant pays a fee, the court shall pay
three-fifths of the fee collected into the state treasury, with half
of that amount credited to the attorney general reimbursement fund
created by section 109.11 of the Revised Code. If the applicant pays
a fee, the court shall pay two-fifths of the fee collected into the
county general revenue fund if the sealed or expunged conviction or
bail forfeiture was pursuant to a state statute, or into the general
revenue fund of the municipal corporation involved if the sealed or
expunged conviction or bail forfeiture was pursuant to a municipal
ordinance.

(4)
If the court orders the official records pertaining to the case
sealed or expunged, the court shall do one of the following:

(a)
If the applicant was fingerprinted at the time of arrest or under
section 109.60 of the Revised Code and the record of the applicant's
fingerprints was provided to the court under division (C) of this
section, forward a copy of the sealing or expungement order and the
record of the applicant's fingerprints to the bureau of criminal
identification and investigation.

(b)
If the applicant was not fingerprinted at the time of arrest or under
section 109.60 of the Revised Code, or the record of the applicant's
fingerprints was not provided to the court under division (C) of this
section, but fingerprinting was required for the offense, order the
applicant to appear before a sheriff to have the applicant's
fingerprints taken according to the fingerprint system of
identification on the forms furnished by the superintendent of the
bureau of criminal identification and investigation. The sheriff
shall forward the applicant's fingerprints to the court. The court
shall forward the applicant's fingerprints and a copy of the sealing
or expungement order to the bureau of criminal identification and
investigation.

Failure
of the court to order fingerprints at the time of sealing or
expungement does not constitute a reversible error.

(5)
Notwithstanding any other provision of the Revised Code to the
contrary, when the bureau of criminal identification and
investigation receives notice from a court that the record of a
conviction or bail forfeiture has been expunged under this section,
the bureau of criminal identification and investigation shall
maintain a record of the expunged conviction record for the limited
purpose of determining an individual's qualification or
disqualification for employment in law enforcement. The bureau of
criminal identification and investigation shall not be compelled by
the court to destroy, delete, or erase those records so that the
records are permanently irretrievable. These records may only be
disclosed or provided to law enforcement for the limited purpose of
determining an individual's qualification or disqualification for
employment in law enforcement.

When
any other entity other than the bureau of criminal identification and
investigation receives notice from a court that the record of a
conviction or bail forfeiture has been expunged under this section,
the entity shall destroy, delete, and erase the record as appropriate
for the record's physical or electronic form or characteristic so
that the record is permanently irretrievable.

(6)
In a civil action or administrative proceeding alleging negligence or
other fault, no case that has been sealed or expunged shall be
considered as evidence against an employer for negligent hiring or
negligent supervision, and the sealing or expungement provides
immunity for the employer to the extent that a sealed or expunged
record is the basis of a claim against the employer for negligent
hiring or negligent supervision.

Sec.
2953.322.
(A)
At least once every calendar month, beginning three years after the
effective date of this section, the bureau of criminal identification
and investigation shall, for purposes of state-initiated sealing
under this section, identify records that, except as provided in
division (G) of this section, are eligible for sealing under sections
2953.32 to 2953.521 of the Revised Code. The bureau shall provide to
each prosecuting attorney and each court a list of those cases over
which the prosecutor or court has jurisdiction. The prosecutor in
each case shall provide timely notice of state-initiated sealing to
any victim of an offense identified by the bureau.

(B)
A prosecutor may object to the sealing of a record identified in
division (A) of this section for any of the following reasons:

(1)
After reviewing the records of the case, the prosecutor determines
that the records are not eligible for sealing under section 2953.32
of the Revised Code.

(2)
The prosecutor determines that the subject of the criminal records
has not paid court-ordered restitution to the victim.

(3)
The prosecutor has a reasonable belief, grounded in supporting facts,
that the subject of the criminal record is continuing to engage in
criminal activity, whether or not the individual has been charged
with an offense, and whether or not the activity in question takes
place within or outside of the state.

(4)
The subject of the criminal records is the defendant in a pending
criminal case.

(5)
The interests of the government in maintaining the criminal records
outweigh the interests of the individual who is the subject of the
records in having those records sealed.

(C)
If, ninety days after a record has been identified on a list provided
to the court and prosecutor under division (A) of this section, the
court has not received an objection to the sealing of the record from
the prosecutor, the court with jurisdiction over the record shall
determine whether the interests of the subject of the records in
having the records pertaining to the case sealed are outweighed by
any legitimate governmental needs to maintain such records. If the
court does not determine that a legitimate governmental need to
maintain the records outweighs the interests of the subject of the
records in having the records pertaining to the case sealed, the
court shall order all official records that pertain to the conviction
sealed and, except as provided in section 2953.34 of the Revised
Code, shall order all index references to the case that pertain to
the conviction deleted.

(D)
If, within ninety days after a record has been identified on a list
provided to the court and prosecutor under division (A) of this
section, the prosecutor objects to the sealing of a record identified
in the list, in accordance with division (B) of this section, that
record shall not be sealed under this section.

(E)
At least once each calendar year, beginning the year that is three
years after the effective date of this section, the bureau shall
submit a report to the general assembly identifying every case for
which a record included on a list for sealing under division (A) of
this section was not sealed because of an objection by the prosecutor
under division (B) of this section. The report shall identify the
records not sealed under this section by the county with jurisdiction
over the matter and by the objection raised for each record that was
not sealed.

(F)
The attorney general may adopt rules, in accordance with Chapter 119.
of the Revised Code, governing the procedures to be followed by the
superintendent of the bureau of criminal identification and
investigation in carrying out the superintendent's duties under this
section.

(G)
For purposes of identifying records that are eligible for
state-initiated sealing under this section, the bureau of criminal
identification and investigation shall consider an offender's final
discharge to be the point at which all nonmonetary sanctions imposed
on the offender have been completed.

(H)
Nothing in this section shall be construed to do either of the
following:

(1)
Prohibit an individual from applying for sealing or expungement of
records under section 2953.32 of the Revised Code;

(2)
Create an individual cause of action for the bureau of criminal
identification and investigation failing to identify records that are
eligible for sealing under division (C) of this section.

Sec.
2953.323.
To
the extent practicable, the bureau of criminal identification and
investigation, prosecutors, and courts shall use or adapt existing
technology and interagency information sharing services to comply
with the requirements of section 2953.322 of the Revised Code,
including the Ohio law enforcement gateway established under section
109.57 of the Revised Code and the Ohio courts network.

Sec.
2953.34.
(A)
Inspection of the sealed records included in a sealing order may be
made only by the following persons or for the following purposes:

(1)
By a law enforcement officer or prosecutor, or the assistants of
either, to determine whether the nature and character of the offense
with which a person is to be charged would be affected by virtue of
the person's previously having been convicted of a crime;

(2)
By the parole or probation officer of the person who is the subject
of the records, for the 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 enforcement officer who was involved in the case, for use in
the officer's defense of a civil action arising out of the officer's
involvement in that case;

(5)
By a prosecuting attorney or the prosecuting attorney's assistants,
to determine a defendant's eligibility to enter a pre-trial diversion
program established pursuant to section 2935.36 of the Revised Code;

(6)
By any law enforcement agency or any authorized employee of a law
enforcement agency or by the department of rehabilitation and
correction or department of youth services as part of a background
investigation of a person who applies for employment with the agency
or with the department;

(7)
By any law enforcement agency or any authorized employee of a law
enforcement agency, for the purposes set forth in, and in the manner
provided in, division (I) of section 2953.34 of the Revised Code;

(8)
By the bureau of criminal identification and investigation or any
authorized employee of the bureau for the purpose of providing
information to a board or person pursuant to division (F) or (G) of
section 109.57 of the Revised Code;

(9)
By the bureau of criminal identification and investigation or any
authorized employee of the bureau for the purpose of performing a
criminal history records check on a person to whom a certificate as
prescribed in section 109.77 of the Revised Code is to be awarded;

(10)
By the bureau of criminal identification and investigation or any
authorized employee of the bureau for the purpose of conducting a
criminal records check of an individual pursuant to division (B) of
section 109.572 of the Revised Code that was requested pursuant to
any of the sections identified in division (B)(1) of that section;

(11)
By the bureau of criminal identification and investigation, an
authorized employee of the bureau, a sheriff, or an authorized
employee of a sheriff in connection with a criminal records check
described in section 311.41 of the Revised Code;

(12)
By the attorney general or an authorized employee of the attorney
general or a court for purposes of determining a person's
classification pursuant to Chapter 2950. of the Revised Code;

(13)
By a court, the registrar of motor vehicles, a prosecuting attorney
or the prosecuting attorney's assistants, or a law enforcement
officer for the purpose of assessing points against a person under
section 4510.036 of the Revised Code or for taking action with regard
to points assessed.

When
the nature and character of the offense with which a person is to be
charged would be affected by the information, it may be used for the
purpose of charging the person with an offense.

(B)
In any criminal proceeding, proof of any otherwise admissible prior
conviction may be introduced and proved, notwithstanding the fact
that for any such prior conviction an order of sealing or expungement
previously was issued pursuant to sections 2953.31 to 2953.34 of the
Revised Code.

(C)
The person or governmental agency, office, or department that
maintains sealed records pertaining to convictions or bail
forfeitures that have been sealed pursuant to section 2953.32

or 2953.322

of the Revised Code may maintain a manual or computerized index to
the sealed records. The index shall contain only the name of, and
alphanumeric identifiers that relate to, the persons who are the
subject of the sealed records, the word "sealed," and the
name of the person, agency, office, or department that has custody of
the sealed records, and shall not contain the name of the crime
committed. The index shall be made available by the person who has
custody of the sealed records only for the purposes set forth in
divisions (A), (B), and (D) of this section.

(D)
Notwithstanding any provision of this section

or
,

section
2953.32
,
or section 2953.322

of the Revised Code that requires otherwise, a board of education of
a city, local, exempted village, or joint vocational school district
that maintains records of an individual who has been permanently
excluded under sections 3301.121 and 3313.662 of the Revised Code is
permitted to maintain records regarding a conviction that was used as
the basis for the individual's permanent exclusion, regardless of a
court order to seal or expunge the record. An order issued under
section 2953.32

or 2953.322

of the Revised Code to seal or expunge the record of a conviction
does not revoke the adjudication order of the director of education
and workforce to permanently exclude the individual who is the
subject of the sealing or expungement order. An order issued under
section 2953.32

or 2953.322

of the Revised Code to seal or expunge the record of a conviction of
an individual may be presented to a district superintendent as
evidence to support the contention that the superintendent should
recommend that the permanent exclusion of the individual who is the
subject of the sealing or expungement order be revoked. Except as
otherwise authorized by this division and sections 3301.121 and
3313.662 of the Revised Code, any school employee in possession of or
having access to the sealed or expunged conviction records of an
individual that were the basis of a permanent exclusion of the
individual is subject to division (J) of this section.

(E)
Notwithstanding any provision of this section

or
,

section
2953.32
,
or section 2953.322

of the Revised Code that requires otherwise, if the auditor of state
or a prosecutor maintains records, reports, or audits of an
individual who has been forever disqualified from holding public
office, employment, or a position of trust in this state under
sections 2921.41 and 2921.43 of the Revised Code, or has otherwise
been convicted of an offense based upon the records, reports, or
audits of the auditor of state, the auditor of state or prosecutor is
permitted to maintain those records to the extent they were used as
the basis for the individual's disqualification or conviction, and
shall not be compelled by court order to seal or expunge those
records.

(F)
For purposes of sections 2953.31 and 2953.34 of the Revised Code, DNA
records collected in the DNA database and fingerprints filed for
record by the superintendent of the bureau of criminal identification
and investigation shall not be sealed or expunged unless the
superintendent receives a certified copy of a final court order
establishing that the offender's conviction has been overturned. For
purposes of this section, a court order is not "final" if
time remains for an appeal or application for discretionary review
with respect to the order.

(G)(1)
The court shall send notice of any order to seal or expunge official
records issued pursuant to section 2953.32 of the Revised Code to the
bureau of criminal identification and investigation and to any public
office or agency that the court knows or has reason to believe may
have any record of the case, whether or not it is an official record,
that is the subject of the order.

(2)
The sealing of a record under section 2953.32

or 2953.322

of the Revised Code does not affect the assessment of points under
section 4510.036 of the Revised Code and does not erase points
assessed against a person as a result of the sealed record.

(H)(1)
The court shall send notice of any order to seal or expunge official
records issued pursuant to division (B)(3) of section 2953.33 of the
Revised Code to the bureau of criminal identification and
investigation and shall send notice of any order issued pursuant to
division (B)(4) of that section to any public office or agency that
the court knows or has reason to believe may have any record of the
case, whether or not it is an official record, that is the subject of
the order.

(2)
A person whose official records have been sealed or expunged pursuant
to an order issued pursuant to section 2953.33 of the Revised Code
may present a copy of that order and a written request to comply with
it, to a public office or agency that has a record of the case that
is the subject of the order.

(3)
An order to seal or expunge official records issued pursuant to
section 2953.33 of the Revised Code applies to every public office or
agency that has a record of the case that is the subject of the
order, regardless of whether it receives notice of the hearing on the
application for the order to seal or expunge the official records or
receives a copy of the order to seal the official records pursuant to
division (H)(1) or (2) of this section.

(4)
Upon receiving a copy of an order to seal or expunge official records
pursuant to division (H)(1) or (2) of this section or upon otherwise
becoming aware of an applicable order to seal or expunge official
records issued pursuant to section 2953.33 of the Revised Code, a
public office or agency shall comply with the order and, if
applicable, with division (K) of this section, except that if the
order is a sealing order, the office or agency may maintain a record
of the case that is the subject of the order if the record is
maintained for the purpose of compiling statistical data only and
does not contain any reference to the person who is the subject of
the case and the order.

(5)
A public office or agency to which division (H)(4) of this section
applies also may maintain an index of sealed official records that
are the subject of a sealing order, in a form similar to that for
sealed records of conviction as set forth in division (C) of this
section, access to which may not be afforded to any person other than
the person who has custody of the sealed official records. The sealed
official records to which such an index pertains shall not be
available to any person, except that the official records of a case
that have been sealed may be made available to the following persons
for the following purposes:

(a)
To the person who is the subject of the records upon written
application, and to any other person named in the application, for
any purpose;

(b)
To a law enforcement officer who was involved in the case, for use in
the officer's defense of a civil action arising out of the officer's
involvement in that case;

(c)
To a prosecuting attorney or the prosecuting attorney's assistants to
determine a defendant's eligibility to enter a pre-trial diversion
program established pursuant to section 2935.36 of the Revised Code;

(d)
To a prosecuting attorney or the prosecuting attorney's assistants to
determine a defendant's eligibility to enter a pre-trial diversion
program under division (E)(2)(b) of section 4301.69 of the Revised
Code.

(I)(1)
Upon the issuance of an order by a court pursuant to division (D)(2)
of section 2953.32

or division (C) of section 2953.322

of the Revised Code directing that all official records of a case
pertaining to a conviction or bail forfeiture be sealed or expunged
or an order by a court pursuant to division (E) of section 2151.358,
division (C)(2) of section 2953.35, or division (E) of section
2953.36 of the Revised Code directing that all official records of a
case pertaining to a conviction or delinquent child adjudication be
expunged:

(a)
Every law enforcement officer who possesses investigatory work
product immediately shall deliver that work product to the law
enforcement officer's employing law enforcement agency.

(b)
Except as provided in divisions (I)(1)(c) and (d) of this section,
every law enforcement agency that possesses investigatory work
product shall close that work product to all persons who are not
directly employed by the law enforcement agency and shall treat that
work product, in relation to all persons other than those who are
directly employed by the law enforcement agency, as if it did not
exist and never had existed.

(c)
A law enforcement agency that possesses investigatory work product
may permit another law enforcement agency to use that work product in
the investigation of another offense if the facts incident to the
offense being investigated by the other law enforcement agency and
the facts incident to an offense that is the subject of the case are
reasonably similar. The agency that permits the use of investigatory
work product may provide the other agency with the name of the person
who is the subject of the case if it believes that the name of the
person is necessary to the conduct of the investigation by the other
agency.

(d)
The auditor of state may provide to or discuss with other parties
investigatory work product maintained pursuant to Chapter 117. of the
Revised Code by the auditor of state.

(2)(a)
Except as provided in divisions (I)(1)(c) and (d) of this section, no
law enforcement officer or other person employed by a law enforcement
agency shall knowingly release, disseminate, or otherwise make the
investigatory work product or any information contained in that work
product available to, or discuss any information contained in it
with, any person not employed by the employing law enforcement
agency.

(b)
No law enforcement agency, or person employed by a law enforcement
agency, that receives investigatory work product pursuant to
divisions (I)(1)(c) and (d) of this section shall use that work
product for any purpose other than the investigation of the offense
for which it was obtained from the other law enforcement agency, or
disclose the name of the person who is the subject of the work
product except when necessary for the conduct of the investigation of
the offense, or the prosecution of the person for committing the
offense, for which it was obtained from the other law enforcement
agency.

(3)
Whoever violates division (I)(2)(a) or (b) of this section is guilty
of divulging confidential investigatory work product, a misdemeanor
of the fourth degree.

(J)(1)
Except as authorized by divisions (A) to (C) of this section or by
Chapter 2950. of the Revised Code and subject to
division
divisions

(J)(2) and (3) of this section, any officer or employee of the state,
or a political subdivision of the state, who releases or otherwise
disseminates or makes available for any purpose involving employment,
bonding, or licensing in connection with any business, trade, or
profession to any person, or to any department, agency, or other
instrumentality of the state, or any political subdivision of the
state, any information or other data concerning any law enforcement
or justice system matter the records with respect to which the
officer or employee had knowledge of were sealed by an existing order
issued pursuant to section 2953.32 of the Revised Code, division (E)
of section 2151.358, section 2953.35, or section 2953.36 of the
Revised Code, or were expunged by an order issued pursuant to section
2953.42 of the Revised Code as it existed prior to June 29, 1988, is
guilty of divulging confidential information, a misdemeanor of the
fourth degree.

(2)
Division (J)(1) of this section does not apply to an officer or
employee of the state, or a political subdivision of the state, who
releases or otherwise disseminates or makes available for any purpose
specified in that division any information or other data concerning a
law enforcement or justice system matter the records of which the
officer had knowledge were sealed or expunged by an order of a type
described in that division, if all of the following apply:

(a)
The officer or employee released, disseminated, or made available the
information or data from the sealed or expunged records together with
information or data concerning another law enforcement or justice
system matter.

(b)
The records of the other law enforcement or justice system matter
were not sealed or expunged by any order of a type described in
division (J)(1) of this section.

(c)
The law enforcement or justice system matter covered by the
information or data from the sealed or expunged records and the other
law enforcement or justice system matter covered by the information
or data from the records that were not sealed or expunged resulted
from or were connected to the same act.

(d)
The officer or employee made a good faith effort to not release,
disseminate, or make available any information or other data
concerning any law enforcement or justice system matter from the
sealed or expunged records, and the officer or employee did not
release, disseminate, or make available the information or other data
from the sealed or expunged records with malicious purpose, in bad
faith, or in a wanton or reckless manner.

(3)
Division (J)(1) of this section does not apply to an officer or
employee of the state, or a political subdivision of the state, who
releases or otherwise disseminates or makes available for any purpose
specified in that division any information or other data concerning a
law enforcement or justice system matter the records of which the
officer had knowledge were sealed or expunged by an order of a type
described in that division, if the records are released or
disseminated or access is provided pursuant to an application by the
person who is the subject of the information or data or by a legal
representative of that person.

(4)
Any person who, in violation of this section, uses, disseminates, or
otherwise makes available any index prepared pursuant to division (C)
of this section is guilty of a misdemeanor of the fourth degree.

(K)(1)
Except as otherwise provided in Chapter 2950. of the Revised Code,
upon the issuance of an order by a court under division (B) of
section 2953.33 of the Revised Code directing that all official
records pertaining to a case be sealed or expunged and that the
proceedings in the case be deemed not to have occurred:

(a)
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 shall immediately deliver the records and reports to the
officer's employing law enforcement agency. Except as provided in
division (K)(1)(c) or (d) of this section, no such officer shall
knowingly release, disseminate, or otherwise make the records and
reports or any information contained in them available to, or discuss
any information contained in them with, any person not employed by
the officer's employing law enforcement agency.

(b)
Every law enforcement agency that possesses records or reports
pertaining to the case that are its specific investigatory work
product and that are excepted from the definition of official
records, or that are the specific investigatory work product of a law
enforcement officer it employs and that were delivered to it under
division (K)(1)(a) of this section shall, except as provided in
division (K)(1)(c) or (d) of this section, close the records and
reports to all persons who are not directly employed by the law
enforcement agency and shall, except as provided in division
(K)(1)(c) or (d) of this section, treat the records and reports, in
relation to all persons other than those who are directly employed by
the law enforcement agency, as if they did not exist and had never
existed. Except as provided in division (K)(1)(c) or (d) of this
section, no person who is employed by the law enforcement agency
shall knowingly release, disseminate, or otherwise make the records
and reports in the possession of the employing law enforcement agency
or any information contained in them available to, or discuss any
information contained in them with, any person not employed by the
employing law enforcement agency.

(c)
A law enforcement agency that possesses records or reports pertaining
to the case that are its specific investigatory work product and that
are excepted from the definition of official records, or that are the
specific investigatory work product of a law enforcement officer it
employs and that were delivered to it under division (K)(1)(a) of
this section may permit another law enforcement agency to use the
records or reports in the investigation of another offense, if the
facts incident to the offense being investigated by the other law
enforcement agency and the facts incident to an offense that is the
subject of the case are reasonably similar. The agency that provides
the records and reports may provide the other agency with the name of
the person who is the subject of the case, if it believes that the
name of the person is necessary to the conduct of the investigation
by the other agency.

No
law enforcement agency, or person employed by a law enforcement
agency, that receives from another law enforcement agency records or
reports pertaining to a case the records of which have been ordered
sealed or expunged pursuant to division (B) of section 2953.33 of the
Revised Code shall use the records and reports for any purpose other
than the investigation of the offense for which they were obtained
from the other law enforcement agency, or disclose the name of the
person who is the subject of the records or reports except when
necessary for the conduct of the investigation of the offense, or the
prosecution of the person for committing the offense, for which they
were obtained from the other law enforcement agency.

(d)
The auditor of state may provide to or discuss with other parties
records, reports, or audits maintained by the auditor of state
pursuant to Chapter 117. of the Revised Code pertaining to the case
that are the auditor of state's specific investigatory work product
and that are excepted from the definition of "official records"
contained in
division
(C) of
section
2953.31 of the Revised Code, or that are the specific investigatory
work product of a law enforcement officer the auditor of state
employs and that were delivered to the auditor of state under
division (K)(1)(a) of this section.

(2)
Whoever violates division (K)(1) of this section is guilty of
divulging confidential information, a misdemeanor of the fourth
degree.

(L)(1)
In any application for employment, license, or any other right or
privilege, any appearance as a witness, or any other inquiry, a
person may not be questioned with respect to any record that has been
sealed or expunged pursuant to section 2953.33 of the Revised Code.
If an inquiry is made in violation of this division, the person whose
official record was sealed may respond as if the arrest underlying
the case to which the sealed official records pertain and all other
proceedings in that case did not occur, and the person whose official
record was sealed shall not be subject to any adverse action because
of the arrest, the proceedings, or the person's response.

(2)(a)
Except as provided in division (L)(2)(b) of this section, an officer
or employee of the state or any of its political subdivisions who
knowingly releases, disseminates, or makes available for any purpose
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, knowing the records
of which have been sealed or expunged pursuant to section 2953.33 of
the Revised Code, is guilty of divulging confidential information, a
misdemeanor of the fourth degree.

(b)
Division (L)(2)(a) of this section does not apply to any release,
dissemination, or access to information or data if the records are
released or disseminated or access is provided pursuant to an
application by the person who is the subject of the information or
data or by a legal representative of that person.

(M)
It is not a violation of division (I), (J), (K), or (L) of this
section for the bureau of criminal identification and investigation
or any authorized employee of the bureau participating in the
investigation of criminal activity to release, disseminate, or
otherwise make available to, or discuss with, a person directly
employed by a law enforcement agency DNA records collected in the DNA
database or fingerprints filed for record by the superintendent of
the bureau of criminal identification and investigation.

(N)(1)
An order issued under section 2953.35 of the Revised Code to expunge
the record of a person's conviction or, except as provided in
division (D) of this section, an order issued under that section 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.

(2)(a)
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 (B) of this section and in section 3319.292
of the Revised Code and subject to division (N)(2)(c) of this
section, 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.

(b)
In any application for a certificate of qualification for employment
under section 2953.25 of the Revised Code, a person may be questioned
only with respect to convictions not sealed and bail forfeitures not
sealed.

(c)
A person may not be questioned in any application, appearance, or
inquiry of a type described in division (N)(2)(a) of this section
with respect to any conviction expunged under section 2953.35 of the
Revised Code.

(O)
Nothing in section 2953.32

or
,
2953.322, or
2953.34
of the Revised Code precludes an offender from taking an appeal or
seeking any relief from the offender's conviction or from relying on
it in lieu of any subsequent prosecution for the same offense.

Section
2.
That
existing
sections

2953.32

and 2953.34

of the Revised Code
are

hereby
repealed.

Section
3.
The
General Assembly, in enacting this act, encourages the Supreme Court
to do both of the following:

(A)
Review the Rules of Superintendence for the Courts of Ohio and to
update the Rules to facilitate state-initiated sealing under section
2953.322 of the Revised Code.

(B)
Create a form for courts to use when taking objections to
state-initiated sealing under section 2953.322 of the Revised Code
that specifies the objection the prosecutor is raising to prevent a
record from being sealed under that section so that the reasons for
objection may be tracked and aggregated.

Section
4.
This
act shall be known as the Grow Act.