(A) Except as provided in division (B)(1) of this section, a person charged with two or more offenses as a result of or in connection with the same act may not apply to the court pursuant to section 2953.32, 2953.33, or 2953.521 of the Revised Code for the sealing or expungement of the person's record in relation to any of the charges, and a prosecutor may not apply to the court pursuant to section 2953.39 of the Revised Code for the sealing or expungement of the record of a person in relation to any of the charges if the person was charged with two or more offenses as a result of or in connection with the same act, when at least one of the charges has a final disposition that is different from the final disposition of the other charges until such time as the person, or prosecutor, would be able to apply to the court and have all of the records pertaining to all of those charges sealed or expunged pursuant to section 2953.32, 2953.33, 2953.39, or 2953.521 of the Revised Code.
(B)(1) When a person is charged with two or more offenses as a result of or in connection with the same act and the final disposition of one, and only one, of the charges is a conviction under any section of Chapter 4507., 4510., 4511., or 4549., other than section 4511.19 or 4511.194 of the Revised Code, or under a municipal ordinance that is substantially similar to any section other than section 4511.19 or 4511.194 of the Revised Code contained in any of those chapters, and if the records pertaining to all the other charges would be eligible for sealing or expungement under section 2953.33, 2953.39, or 2953.521 of the Revised Code in the absence of that conviction, the court may order that the records pertaining to all the charges be sealed or expunged. In such a case, the court shall not order that only a portion of the records be sealed or expunged.
(2) Division (B)(1) of this section does not apply if the person convicted of the offenses currently holds a commercial driver's license or commercial driver's license temporary instruction permit.
Last updated March 8, 2023 at 4:13 PM
Notes of Decisions
Cited in 94
cases (29 in the last 5 years), 1989–2025 · leading case: State v. Pariag, 2013-Ohio-4010, 998 N.E.2d 401.
State v. Pariag, 2013-Ohio-4010, 998 N.E.2d 401. · cites it 69ד36, regardless of whether the charges are filed under separate case numbers.”
In re K.J., 2014-Ohio-3472. · cites it 32ד{¶ 2} Because the trial court erred, in part, in its application of R.C. 2953.61 and because K.J. cannot seal the records of the dismissed charges, we reverse.”
State v. C.A., 2015-Ohio-3437. · cites it 12ד14AP-738 and 14AP-746 7 {¶ 10} Once an applicant has been found to be an eligible offender, the statutes require a court to use its discretion to weigh a number of factors that vary, depending on whether the person seeks to seal records of convictions and bail forfeitures or…”
State v. Futrall, 2009-Ohio-5590, 918 N.E.2d 497. · cites it 4ד) {¶ 17} Second, although R.C. 2953.61 is not directly applicable to this case, it, too, is instructive on the issue of how sealing of multicount convictions should be handled.”
State v. G.K., 2022-Ohio-2858, 203 N.E.3d 701. · cites it 6דR.C. 2953.61 (“the multicount-sealing provision”) addresses the 4 January Term, 2022 sealing of related charges that had different dispositions.”
State v. G.K., 2020-Ohio-5083, 161 N.E.3d 824. · cites it 38דBoth sealing statutes are subject to R.C. 2953.61, which provides, in relevant part: Except as provided in division (B)(1) of this section, a person charged with two or more offenses as a result of or in connection with the same act may not apply to the court pursuant to section…”
State ex rel. Cincinnati Enquirer v. Lyons, 2014-Ohio-2354, 14 N.E.3d 989. · cites it 4דExcept as provided in section 2953.61 of the Revised Code [relating to multiple cases], the application may be filed at any time after the finding of not guilty or the dismissal of the complaint, indictment, 10 January Term, 2014 or information is entered upon the minutes of the…”
Stow v. S.B., 2015-Ohio-4473. · cites it 12דAn exception contained in R.C. 2953.61, however, could restrict the offender’s ability to obtain the sealing.”
State v. Davis, 886 N.E.2d 916 (Ohio Ct. App. 2d Dist. 2008). · cites it 6דExcept as provided in section 2953.61 of the Revised Code, the application may be filed at any time after the finding of not guilty or the dismissal of the complaint, indictment, or information is entered upon the minutes of the court or the journal, whichever entry occurs first.”
State v. Widder, 766 N.E.2d 1018 (Ohio Ct. App. 9th Dist. 2001). · cites it 4דExcept as provided in section 2953.61 of the Revised Code, the application may be filed at any time after the expiration of two years after the date on which the foreman or deputy foreman of the grand jury reports to the court that the grand jury has reported a no bill.”
State v. LaSalle, 96 Ohio St. 3d 178 (2002). · cites it 2ד32 currently provides: {¶ b} “(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…”
State v. LaSalle, 2002-Ohio-4009, 772 N.E.2d 1172. · cites it 2ד32 currently provides: {¶b} “(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…”
State v. G.K., 2022-Ohio-2858, 203 N.E.3d 701. “R.C. 2953.61 (“the multicount-sealing provision”) addresses the 4 January Term, 2022 sealing of related charges that had different dispositions.”
State v. G.K., 2020-Ohio-5083, 161 N.E.3d 824. “Both sealing statutes are subject to R.C. 2953.61, which provides, in relevant part: Except as provided in division (B)(1) of this section, a person charged with two or more offenses as a result of or in connection with the same act may not apply to the court pursuant to section…”
Ohio Rev. Code § 2953.61(B): 2 cases
State v. C.A., 2015-Ohio-3437. “14AP-738 and 14AP-746 7 {¶ 10} Once an applicant has been found to be an eligible offender, the statutes require a court to use its discretion to weigh a number of factors that vary, depending on whether the person seeks to seal records of convictions and bail forfeitures or…”
State v. G.K., 2020-Ohio-5083, 161 N.E.3d 824. “Both sealing statutes are subject to R.C. 2953.61, which provides, in relevant part: Except as provided in division (B)(1) of this section, a person charged with two or more offenses as a result of or in connection with the same act may not apply to the court pursuant to section…”
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