Ohio Revised Code 109.38 - Removing sealed or expunged records from databases

Ohio Revised Code 109.38 - criminal record update

Summary: The legislature created O.R.C. 109 to direct the Ohio Attorney General to select a qualified third party to execute a pilot program that would take court ordered sealing or expungement orders, and update them with private background check databases. The law also sets requirements the third party must meet in order to be considered qualified, and directs the attorney general to oversee the program.

Ohio Revised Code 109.38 Full Statute

109.38 Removing sealed or expunged records from databases; pilot project.

(A) As used in this section and section 109.381 of the Revised Code:

(B) The attorney general shall develop a pilot program comprised of the provisions of sections 109.38 and 109.381 of the Revised Code, as enacted by this act, and the amendments to sections 2953.32, 2953.37, 2953.38, and 2953.53 of the Revised Code made by this act. The pilot program shall end one year after the effective date of this section. Within three months after the pilot program ends, the attorney general shall submit a report of its findings and recommendations to the general assembly.

(C) The attorney general shall select a private entity as a qualified third party for the purpose of receiving notices of court orders of sealed or expunged records under section 2953.32, 2953.37, 2953.38, or 2953.53 of the Revised Code. A qualified third party selected by the attorney general shall have the following qualifications:


(E) The attorney general shall have oversight of the functions and activities of the qualified third party under section 109.381 of the Revised Code.

(F) The attorney general shall promulgate rules pursuant to Chapter 119. of the Revised Code to implement this section and section 109.381 of the Revised Code.

Added by 132nd General Assembly File No. TBD, HB 49, ยง101.01, eff. 9/29/2017.