Does a Judge Have Discretion in Granting an Expungement in Ohio?
Full Question:
Answer:
Yes, the court has discretion and sealing of records isn’t mandatory. If the court determines that the applicant is a first offender or the subject of a bail forfeiture, that no criminal proceeding is pending against the applicant, and that the interests of the applicant in having the records pertaining to the applicant's conviction or bail forfeiture sealed are not outweighed by any legitimate governmental needs to maintain those records, and that the rehabilitation of an applicant who is a first offender has been attained to the satisfaction of the court, the court can order the case sealed.
In Ohio, expungement is a court process that allows you to have any and all reference to a prior criminal conviction cleared and your court file sealed. Once your record is expunged, nothing will show up when your record is checked. 2907.03 Convictions are excluded from being sealed under the statutes below. However, even if your record is sealed law enforcement agencies, prosecutors, and other agencies can look at your sealed record; if you commit another crime, your sealed record can still be used against you in sentencing; and your sealed record may be used to show character or credibility in court proceedings. All official records pertaining to the case may be ordered sealed and, except that an index of sealed records may be maintained, all index references to the case deleted and, in the case of bail forfeitures, the court may dismiss the charges in the case.
A person is eligible for expungement if the conviction he or she is trying to expunge is not one of several listed offenses, including all driver’s license violations; motor vehicle violations; misdemeanors of first degree or felonies where victim is under the age of 18; felonies of the first or second degree; and offenses of violence that are misdemeanors of first degree or felonies, except convictions for riot and misdemeanor convictions for assault, inciting to violence, and inducing panic. A person must not have been subject to a mandatory prison term for the conviction he or she is seeking to expunge. It must be the person’s first and only conviction and he or she must not have been convicted of the same crime or any other crime in any state, unless the person was convicted of two or more crimes based upon the same action or if the person’s other convictions are for minor misdemeanors. Minor misdemeanors, including most traffic offenses, do not count as criminal convictions. For a person that was convicted of a misdemeanor, more than one year must have passed since the “final discharge,” or completion of jail time and/or probation, or if the person was convicted of a felony, more than three years must have passed since the final disharge. The person must not currently have any criminal or traffic proceedings pending against him or her and must not have had any other case expunged.
The process of expungement involves obtaining a copy from the clerk of the court where the person was convicted of the final order of the conviction the person wishes to have sealed, completing and filing an application for sealing of a criminal record, completing a judgment entry for sealing and paying a fee to the court. The case will be set for hearing where a person must convince a judge that he or she has been rehabilitated and that it is fair to seal his or her record.
The expungement process in Ohio applies to criminal records, rather than medical records. Records of hospitalization are governed by confidentiality laws.
Steps You Must Follow to Get Your Record Sealed
1) You need a copy of the final order of the conviction you wish to have sealed. Contact the Clerk of the Court in which you were convicted. Remember your case was “criminal,” so be sure to go to the appropriate part of the Clerk’s office. Request a certified copy of the Judgment Order of Conviction(s). You will need to give the Clerk your case number. If you do not have the number, ask the Clerk to use the computer to look it up. For a small fee (one or two dollars), the Clerk will give you a certified copy. Make sure it is certified (stamped with court seal).
2) Fill two forms, (a) “Application for Sealing of a Criminal Record Pursuant to ORC§2953.32"; and (b) “Judgment Entry for Sealing.”
3) To apply to have your record sealed, you will have to pay $50 to the Court. If you cannot pay the fee, fill out the “Poverty Affidavit” form. If you do not complete this form, be prepared to pay the $50 fee.
4) After the forms are filled out, attach the “Judgment Order ofConviction” to the “Application for Sealing of a Criminal Record”. Make three copies of everything. Take the original and the three copies of the “Application for Sealing of a Criminal Record” and the “Poverty Affidavit” or the $50 fee to the Clerk of Courts in the Court where you were convicted. (Do NOT file the “Judgment Entry”—bring this completed form with you to the hearing. If you are successful at the hearing, the Judge will sign it.) Tell the Clerk that you would like to file your documents. The Clerk will take all copies, stamp them, and give one copy back to you. KEEP THIS COPY! You will need it later.
5) The Court will set your case for a hearing. You will be notified by mail of the date set for the hearing. Mark the date on your calendar.
6) Before the hearing date, prepare what you will say to the Judge. You must convince the Judge that you are no longer someone who would commit a crime (you have been rehabilitated). Explain that you are sorry for what you did and explain how you have changed since that time.
7) On the day of your hearing, the Bailiff will call your name and ask you to present your case. Tell the Judge that you want to have your criminal record sealed, explain the charges you wish to erase from your record and that the proper time has passed. Explain to the Judge that you have been rehabilitated and why it is important to have your record sealed. The Prosecutor will be given the chance to object to your request.
8) The Judge must make a decision weighing your interests in having the records sealed against the government’s need to keep these records. The Judge may give a decision in Court or take time to think about the case and make a decision later. If no decision is made in Court, a copy of the decision will be mailed to you. Make sure the Court has your current address!
Persons seeking expungement of juvenile records under ORC § 2151.358 may file an application for expungement at any time after being found not guilty or the charges against the person are dismissed. The court will give notice to the prosecuting attorney of any hearing on the application. The court may also initiate the expungement proceedings on its own motion. If the order is granted and the person or their guardian don’t sign a waiver releasing their right to sue regarding the charges contained in the expunged records, the court will retain a sealed copy of all expunged records until the time to sue has expired.
Please see the statutes below to determine applicability.
The following are Ohio statutes:
1347.08 Rights of person who are subject of personal information.
(A) Every state or local agency that maintains a personal information system, upon the request and the proper identification of any person who is the subject of personal information in the system, shall:
(1) Inform the person of the existence of any personal information in the system of which the person is the subject;
(2) Except as provided in divisions (C) and (E)(2) of this section, permit the person, the person’s legal guardian, or an attorney who presents a signed written authorization made by the person, to inspect all personal information in the system of which the person is the subject;
(3) Inform the person about the types of uses made of the personal information, including the identity of any users usually granted access to the system.
(B) Any person who wishes to exercise a right provided by this section may be accompanied by another individual of the person’s choice.
(C)
(1) A state or local agency, upon request, shall disclose medical, psychiatric, or psychological information to a person who is the subject of the information or to the person’s legal guardian, unless a physician, psychiatrist, or psychologist determines for the agency that the disclosure of the information is likely to have an adverse effect on the person, in which case the information shall be released to a physician, psychiatrist, or psychologist who is designated by the person or by the person’s legal guardian.
(2) Upon the signed written request of either a licensed attorney at law or a licensed physician designated by the inmate, together with the signed written request of an inmate of a correctional institution under the administration of the department of rehabilitation and correction, the department shall disclose medical information to the designated attorney or physician as provided in division (C) of section 5120.21 of the Revised Code.
(D) If an individual who is authorized to inspect personal information that is maintained in a personal information system requests the state or local agency that maintains the system to provide a copy of any personal information that the individual is authorized to inspect, the agency shall provide a copy of the personal information to the individual. Each state and local agency may establish reasonable fees for the service of copying, upon request, personal information that is maintained by the agency.
(E)
(1) This section regulates access to personal information that is maintained in a personal information system by persons who are the subject of the information, but does not limit the authority of any person, including a person who is the subject of personal information maintained in a personal information system, to inspect or have copied, pursuant to section 149.43 of the Revised Code, a public record as defined in that section.
(2) This section does not provide a person who is the subject of personal information maintained in a personal information system, the person’s legal guardian, or an attorney authorized by the person, with a right to inspect or have copied, or require an agency that maintains a personal information system to permit the inspection of or to copy, a confidential law enforcement investigatory record or trial preparation record, as defined in divisions (A)(2) and (4) of section 149.43 of the Revised Code.
(F) This section does not apply to any of the following:
(1) The contents of an adoption file maintained by the department of health under section 3705.12 of the Revised Code;
(2) Information contained in the putative father registry established by section 3107.062 of the Revised Code, regardless of whether the information is held by the department of job and family services or, pursuant to section 3111.69 of the Revised Code, the office of child support in the department or a child support enforcement agency;
(3) Papers, records, and books that pertain to an adoption and that are subject to inspection in accordance with section 3107.17 of the Revised Code;
(4) Records listed in division (A) of section 3107.42 of the Revised Code or specified in division (A) of section 3107.52 of the Revised Code;
(5) Records that identify an individual described in division (A)(1) of section 3721.031 of the Revised Code, or that would tend to identify such an individual;
(6) Files and records that have been expunged under division (D)(1) of section 3721.23 of the Revised Code;
(7) Records that identify an individual described in division (A)(1) of section 3721.25 of the Revised Code, or that would tend to identify such an individual;
(8) Records that identify an individual described in division (A)(1) of section 5111.61 of the Revised Code, or that would tend to identify such an individual;
(9) Test materials, examinations, or evaluation tools used in an examination for licensure as a nursing home administrator that the board of examiners of nursing home administrators administers under section 4751.04 of the Revised Code or contracts under that section with a private or government entity to administer;
(10) Information contained in a database established and maintained pursuant to section 5101.13 of the Revised Code.
5122.31 Confidentiality.
(A) All certificates, applications, records, and reports made for the purpose of this chapter and sections 2945.38, 2945.39, 2945.40, 2945.401, and 2945.402 of the Revised Code, other than court journal entries or court docket entries, and directly or indirectly identifying a patient or former patient or person whose hospitalization has been sought under this chapter, shall be kept confidential and shall not be disclosed by any person except:
(1) If the person identified, or the person’s legal guardian, if any, or if the person is a minor, the person’s parent or legal guardian, consents, and if the disclosure is in the best interests of the person, as may be determined by the court for judicial records and by the chief clinical officer for medical records;
(2) When disclosure is provided for in this chapter or section 5123.60 of the Revised Code;
(3) That hospitals, boards of alcohol, drug addiction, and mental health services, and community mental health agencies may release necessary medical information to insurers and other third-party payers, including government entities responsible for processing and authorizing payment, to obtain payment for goods and services furnished to the patient;
(4) Pursuant to a court order signed by a judge;
(5) That a patient shall be granted access to the patient’s own psychiatric and medical records, unless access specifically is restricted in a patient’s treatment plan for clear treatment reasons;
(6) That hospitals and other institutions and facilities within the department of mental health may exchange psychiatric records and other pertinent information with other hospitals, institutions, and facilities of the department, and with community mental health agencies and boards of alcohol, drug addiction, and mental health services with which the department has a current agreement for patient care or services. Records and information that may be released pursuant to this division shall be limited to medication history, physical health status and history, financial status, summary of course of treatment in the hospital, summary of treatment needs, and a discharge summary, if any.
(7) That a patient’s family member who is involved in the provision, planning, and monitoring of services to the patient may receive medication information, a summary of the patient’s diagnosis and prognosis, and a list of the services and personnel available to assist the patient and the patient’s family, if the patient’s treating physician determines that the disclosure would be in the best interests of the patient. No such disclosure shall be made unless the patient is notified first and receives the information and does not object to the disclosure.
(8) That community mental health agencies may exchange psychiatric records and certain other information with the board of alcohol, drug addiction, and mental health services and other agencies in order to provide services to a person involuntarily committed to a board. Release of records under this division shall be limited to medication history, physical health status and history, financial status, summary of course of treatment, summary of treatment needs, and discharge summary, if any.
(9) That information may be disclosed to the executor or the administrator of an estate of a deceased patient when the information is necessary to administer the estate;
(10) That records in the possession of the Ohio historical society may be released to the closest living relative of a deceased patient upon request of that relative;
(11) That information may be disclosed to staff members of the appropriate board or to staff members designated by the director of mental health for the purpose of evaluating the quality, effectiveness, and efficiency of services and determining if the services meet minimum standards. Information obtained during such evaluations shall not be retained with the name of any patient.
(12) That records pertaining to the patient’s diagnosis, course of treatment, treatment needs, and prognosis shall be disclosed and released to the appropriate prosecuting attorney if the patient was committed pursuant to section 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code, or to the attorney designated by the board for proceedings pursuant to involuntary commitment under this chapter.
(13) That the department of mental health may exchange psychiatric hospitalization records, other mental health treatment records, and other pertinent information with the department of rehabilitation and correction to ensure continuity of care for inmates who are receiving mental health services in an institution of the department of rehabilitation and correction. The department shall not disclose those records unless the inmate is notified, receives the information, and does not object to the disclosure. The release of records under this division is limited to records regarding an inmate’s medication history, physical health status and history, summary of course of treatment, summary of treatment needs, and a discharge summary, if any.
(14) That a community mental health agency that ceases to operate may transfer to either a community mental health agency that assumes its caseload or to the board of alcohol, drug addiction, and mental health services of the service district in which the patient resided at the time services were most recently provided any treatment records that have not been transferred elsewhere at the patient’s request.
(B) Before records are disclosed pursuant to divisions (A)(3), (6), and (8) of this section, the custodian of the records shall attempt to obtain the patient’s consent for the disclosure. No person shall reveal the contents of a medical record of a patient except as authorized by law.
(C) The managing officer of a hospital who releases necessary medical information under division (A)(3) of this section to allow an insurance carrier or other third party payor to comply with section 5121.43 of the Revised Code shall neither be subject to criminal nor civil liability.
§ 2953.31. As used in sections 2953.31 to 2953.36 of the Revised Code:
As used in sections 2953.31 to 2953.36 of the Revised Code:
(A) "First offender" means anyone who has been convicted of an offense
in this state or any other jurisdiction and who previously or
subsequently has not been convicted of the same or a different offense in
this state or any other jurisdiction. When two or more convictions result
from or are connected with the same act or result from offenses committed
at the same time, they shall be counted as one conviction. When two or
three convictions result from the same indictment, information, or
complaint, from the same plea of guilty, or from the same official
proceeding, and result from related criminal acts that were committed
within a three-month period but do not result from the same act or from
offenses committed at the same time, they shall be counted as one
conviction, provided that a court may decide as provided in division
(C)(1)(a) of section 2953.32 of the Revised Code that it is not in the
public interest for the two or three convictions to be counted as one
conviction.
For purposes of, and except as otherwise provided in, this division, a
conviction for a minor misdemeanor, for a violation of any section in
Chapter 4507., 4510., 4511., 4513., or 4549. of the Revised Code, or for
a violation of a municipal ordinance that is substantially similar to any
section in those chapters is not a previous or subsequent conviction.
However, a conviction for a violation of section 4511.19, 4511.251,
4549.02, 4549.021, 4549.03, 4549.042, or 4549.62 or sections 4549.41 to
4549.46 of the Revised Code, for a violation of section 4510.11 or 4510.14
of the Revised Code that is based upon the offender's operation of a
vehicle during a suspension imposed under section 4511.191 or 4511.196 of
the Revised Code, for a violation of a substantially equivalent municipal
ordinance, for a felony violation of Title XLV of the Revised Code, or
for a violation of a substantially equivalent former law of this state or
former municipal ordinance shall be considered a previous or subsequent
conviction.
(B) "Prosecutor" means the county prosecuting attorney, city director
of law, village solicitor, or similar chief legal officer, who has the
authority to prosecute a criminal case in the court in which the case
is filed.
(C) "Bail forfeiture" means the forfeiture of bail by a defendant who
is arrested for the commission of a misdemeanor, other than a defendant
in a traffic case as defined in Traffic Rule 2, if the forfeiture is
pursuant to an agreement with the court and prosecutor in the case.
(D) "Official records" has the same meaning as in division (D) of
section 2953.51 of the Revised Code.
(E) "Official proceeding" has the same meaning as in section 2921.01
of the Revised Code.
(F) "Community control sanction" has the same meaning as in section
2929.01 of the Revised Code.
(G) "Post-release control" and "post-release control sanction" have
the same meanings as in section 2967.01 of the Revised Code.
§ 2953.32. (A)(1) Except as provided in section 2953.61 of the Revised
Code,....
(A)
(1) Except as provided in section 2953.61 of the Revised Code, a
first 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 of the conviction record.
Application may be made at the expiration of three years after the
offender's final discharge if convicted of a felony, or at the
expiration of one year after the offender's final discharge if
convicted of a misdemeanor.
(2) Any person who has been arrested for any misdemeanor offense and
who has effected a bail forfeiture may apply to the court in which the
misdemeanor criminal case was pending when bail was forfeited for the
sealing of the record of the case. Except as provided in
section 2953.61 of the Revised Code, the application may be filed 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.
(B) 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. The prosecutor may object to
the granting of the application by filing an objection with the court
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 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.
(C)
(1) The court shall do each of the following:
(a) Determine whether the applicant is a first offender or whether the
forfeiture of bail was agreed to by the applicant and the prosecutor
in the case. If the applicant applies as a first offender pursuant to
division (A)(1) of this section and has two or three convictions that
result from the same indictment, information, or complaint, from the
same plea of guilty, or from the same official proceeding, and result
from related criminal acts that were committed within a three-month
period but do not result from the same act or from offenses committed
at the same time, in making its determination under this division, the
court initially shall determine whether it is not in the public
interest for the two or three convictions to be counted as one
conviction. If the court determines that it is not in the public
interest for the two or three convictions to be counted as one
conviction, the court shall determine that the applicant is not a
first offender; if the court does not make that determination, the
court shall determine that the offender is a first offender.
(b) Determine whether criminal proceedings are pending against the
applicant;
(c) If the applicant is a first offender who applies pursuant to
division (A)(1) of this section, 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 (B) of this section, consider the reasons against granting
the application specified by the prosecutor in the objection;
(e) Weigh the interests of the applicant in having the records
pertaining to the applicant's conviction sealed against the legitimate
needs, if any, of the government to maintain those records.
(2) If the court determines, after complying with division (C)(1) of
this section, that the applicant is a first offender or the subject of
a bail forfeiture, that no criminal proceeding is pending against the
applicant, and that the interests of the applicant in having the
records pertaining to the applicant's conviction or bail forfeiture
sealed are not outweighed by any legitimate governmental needs to
maintain those records, and that the rehabilitation of an applicant
who is a first offender applying pursuant to division (A)(1) of this
section has been attained to the satisfaction of the court, the court,
except as provided in division (G) of this section, shall order all
official records pertaining to the case sealed and, except as provided
in division (F) of this section, all index references to the case
deleted and, in the case of bail forfeitures, shall dismiss the
charges in the case. The proceedings in the case 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, except
that upon conviction of a subsequent offense, the 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 to 2953.33 of the Revised
Code.
(3) Upon the filing of an application under this section, the
applicant, unless indigent, shall pay a fee of fifty dollars. The
court shall pay thirty dollars of the fee into the state treasury. It
shall pay twenty dollars of the fee into the county general revenue
fund if the sealed conviction or bail forfeiture was pursuant to a
state statute, or into the general revenue fund of the municipal
corporation involved if the sealed conviction or bail forfeiture was
pursuant to a municipal ordinance.
(D) Inspection of the sealed records included in the 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 postrelease 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,
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 as part of a background investigation of a person who
applies for employment with the agency as a law enforcement officer or
with the department as a corrections officer;
(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, section 2953.321 [2953.32.1] 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 [109.57.2] of the Revised Code;
(11) By the bureau of criminal identification and investigation, an
authorized employee of the bureau, a sheriff, or an authorized
employee of the 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.
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.
(E) 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 previously
was issued pursuant to sections 2953.31 to 2953.36 of the Revised
Code.
(F) The person or governmental agency, office, or department that
maintains sealed records pertaining to convictions or bail forfeitures
that have been sealed pursuant to this section 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 (C), (D), and (E) of this section.
(G) Notwithstanding any provision of this section or section 2953.33
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 [3301.12.1] and 3313.662 [3313.66.2]
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 the record. An order
issued under this section to seal the record of a conviction does not
revoke the adjudication order of the superintendent of public
instruction to permanently exclude the individual who is the subject
of the sealing order. An order issued under this section to seal 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 order be revoked. Except
as otherwise authorized by this division and sections 3301.121
[3301.12.1] and 3313.662 [3313.66.2] of the Revised Code, any school
employee in possession of or having access to the sealed conviction
records of an individual that were the basis of a permanent exclusion
of the individual is subject to section 2953.35 of the Revised Code.
§ 2953.33. (A) Except as provided in division (G) of section 2953.32 of
the....
(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.
§ 2953.34. Nothing in sections 2953.31 to 2953.33 of the Revised Code
precludes a....
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.
§ 2953.36. Sections 2953.31 to 2953.35 of the Revised Code do not apply
to....
Sections 2953.31 to 2953.35 of the Revised Code do not apply to any of
the following:
(A) Convictions when the offender is subject to a mandatory prison
term;
(B) Convictions under section 2907.02, 2907.03, 2907.04, 2907.05,
2907.06, 2907.321, 2907.322, or 2907.323, former section 2907.12, or
Chapter 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;
(C) Convictions of an offense of violence when the offense is a
misdemeanor of the first degree or a felony and when the offense is
not a violation of section 2917.03 of the Revised Code and is not a
violation of section 2903.13, 2917.01 or 2917.31 of the Revised Code
that is a misdemeanor of the first degree;
(D) Convictions on or after the effective date of this amendment under
section 2907.07 of the Revised Code or a conviction on or after the
effective date of this amendment for a violation of a municipal
ordinance that is substantially similar to that section;
(E) Convictions on or after the effective date of this amendment under
section 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.31, 2907.311
[2907.31.1], 2907.32, or 2907.33 of the Revised Code when the victim
of the offense was under eighteen years of age;
(F) Convictions of an offense in circumstances in which the victim of
the offense was under eighteen years of age when the offense is a
misdemeanor of the first degree or a felony;
(G) Convictions of a felony of the first or second degree;
(H) Bail forfeitures in a traffic case as defined in Traffic Rule 2.
