Ohio Rev. Code » Chapter 2953
Ohio Revised Code

Ohio Rev. Code § 2953.81 (2026)

Test results

✓ current as of May 2026
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Effective:
July 6, 2010
Latest Legislation:
Senate Bill 77 - 128th General Assembly
PDF:
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If an eligible offender submits an application for DNA testing under section 2953.73 of the Revised Code and if DNA testing is performed based on that application, upon completion of the testing, all of the following apply:

(A) The court or a designee of the court shall require the state to maintain the results of the testing and to maintain and preserve both the parent sample of the biological material used and the offender sample of the biological material used. The testing authority may be designated as the person to maintain the results of the testing or to maintain and preserve some or all of the samples, or both. The results of the testing remain state's evidence. The samples shall be preserved during the entire period of time for which the offender is imprisoned or confined relative to the sentence in question, is on parole or probation relative to that sentence, is under post-release control or a community control sanction relative to that sentence, or has a duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code relative to that sentence. Additionally, if the prison term or confinement under the sentence in question expires, if the sentence in question is a sentence of death and the offender is executed, or if the parole or probation period, the period of post-release control, the community control sanction, or the duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code under the sentence in question ends, the samples shall be preserved for a reasonable period of time of not less than twenty-four months after the term or confinement expires, the offender is executed, or the parole or probation period, the period of post-release control, the community control sanction, or the duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code ends, whichever is applicable. The court shall determine the period of time that is reasonable for purposes of this division, provided that the period shall not be less than twenty-four months after the term or confinement expires, the offender is executed, or the parole or probation period, the period of post-release control, the community control sanction, or the duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code ends, whichever is applicable.

(B) The results of the testing are a public record.

(C) The court or the testing authority shall provide a copy of the results of the testing to the prosecuting attorney, the attorney general, and the subject offender.

(D) If the postconviction proceeding in question is pending at that time in a court of this state, the court of common pleas that decided the DNA application or the testing authority shall provide a copy of the results of the testing to any court of this state, and, if it is pending in a federal court, the court of common pleas that decided the DNA application or the testing authority shall provide a copy of the results of the testing to that federal court.

(E) The testing authority shall provide a copy of the results of the testing to the court of common pleas that decided the DNA application.

(F) The offender or the state may enter the results of the testing into any proceeding.
Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 2007–2024 · leading case: State v. Noling (Slip Opinion), 2018 Ohio 795 (Ohio 2018).
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State v. Noling (Slip Opinion), 2018 Ohio 795 (Ohio 2018). · cites it 49× “Background {¶ 68} R.C. 2953.81 provides: If an eligible offender submits an application for DNA testing under section 2953.”
State v. King, 2017 Ohio 181 (Ohio Ct. App. 2017). · cites it 7× “{¶52} King further argues that disclosure of the results and records is mandatory pursuant to R.C. 2953.81(), which provides that if DNA testing is performed based on an application for DNA testing under R.”
State v. Sterling, 864 N.E.2d 630 (Ohio 2007). · cites it 2× “{¶ 16} “(2) Upon completion of the DNA testing, section 2953.81 of the Revised Code applies.”
State v. Reed, 2024 Ohio 5412 (Ohio Ct. App. 2024). “71 to R.C. 2953.81 based solely on a failure to show the test would be outcome determinative.”
State v. Daniels, 2020 Ohio 3810 (Ohio Ct. App. 2020). “71 to §2953.81, within the judgment and order. {¶34} R.”
State v. Nieves, 2016 Ohio 5090 (Ohio Ct. App. 2016). “Accordingly, we remand this case to the trial court to clarify its basis as to the rejection of the application for DNA testing of the shoes and clothing as applied to the criteria and procedures set forth in R.”
State v. Richard, 2013 Ohio 3918 (Ohio Ct. App. 2013). “” R.C. 2953.81 governs the maintenance of DNA test results.”
Widmer v. Warden, Corr. Reception Ctr. (S.D. Ohio 2023). · cites it 3× “71 through § 2953.81 is not the “exclusive means by which an inmate may obtain postconviction testing.”
Ohio Rev. Code § 2953.81(A): 1 case
State v. Noling (Slip Opinion), 2018 Ohio 795 (Ohio 2018). “Background {¶ 68} R.C. 2953.81 provides: If an eligible offender submits an application for DNA testing under section 2953.”
Ohio Rev. Code § 2953.81(B): 1 case
State v. King, 2017 Ohio 181 (Ohio Ct. App. 2017). “{¶52} King further argues that disclosure of the results and records is mandatory pursuant to R.C. 2953.81(), which provides that if DNA testing is performed based on an application for DNA testing under R.”
Ohio Rev. Code § 2953.81(C): 1 case
State v. Noling (Slip Opinion), 2018 Ohio 795 (Ohio 2018). “Background {¶ 68} R.C. 2953.81 provides: If an eligible offender submits an application for DNA testing under section 2953.”
Ohio Rev. Code § 2953.81(E): 1 case
State v. Noling (Slip Opinion), 2018 Ohio 795 (Ohio 2018). “Background {¶ 68} R.C. 2953.81 provides: If an eligible offender submits an application for DNA testing under section 2953.”
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