SB 418: Enact the Grow Act
The bill aims to allow for the sealing of certain criminal records in Ohio. This includes convictions for non-violent offenses, such as misdemeanors and certain types of felonies. The bill also allows for the expungement of records for individuals who have completed their sentences and have no outstanding warrants or other convictions. Eligible offenders can apply to seal or expunge their records at specific times after their final discharge. For misdemeanors, the application can be made at the expiration of one year after the offender's final discharge. For felonies, the application can be made at the expiration of a certain number of years, depending on the severity of the offense. The court will hold a hearing to review the application, and the prosecutor can object to the granting of the application. The victim and victim's representative can also be notified and heard at the hearin…
| Apr. 15, 2026 | Referred to committee: Judiciary |
| Apr. 02, 2026 | Introduced |
S. B. No. 418
As Introduced
136th General Assembly
Regular Session
Senator Reynolds
To amend sections 2953.32 and 2953.34 and to enact ..... 1
sections 2953.322 and 2953.323 of the Revised ..... 2
Code to enact the Grow Act to allow for the ..... 3
expedited sealing of certain criminal records. ..... 4
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1.
That sections 2953.32 and 2953.34 be amended ..... 5
and sections 2953.322 and 2953.323 of the Revised Code be ..... 6
enacted to read as follows: ..... 7
Sec. 2953.32.
(A) (1) Sections 2953.32 to 2953.34 of the ..... 8
Revised Code do not apply to any of the following: ..... 9
(a) Convictions under Chapter 4506., 4507., 4510., 4511., ..... 10
or 4549. of the Revised Code, or a conviction for a violation of ..... 11
a municipal ordinance that is substantially similar to any ..... 12
section contained in any of those chapters; ..... 13
(b) Convictions of a felony offense of violence that is ..... 14
not a sexually oriented offense; ..... 15
(c) Convictions of a sexually oriented offense when the ..... 16
offender is subject to the requirements of Chapter 2950. of the ..... 17
Revised Code or Chapter 2950. of the Revised Code as it existed ..... 18
prior to January 1, 2008; ..... 19
(d) Convictions of an offense in circumstances in which ..... 20
the victim of the offense was less than thirteen years of age, ..... 21
except for convictions under section 2919.21 of the Revised ..... 22
Code; ..... 23
(e) Convictions of a felony of the first or second degree; ..... 24
(f) Except as provided in division (A) (2) of this section, ..... 25
convictions for a violation of section 2919.25 or 2919.27 of the ..... 26
Revised Code or a conviction for a violation of a municipal ..... 27
ordinance that is substantially similar to either section; ..... 28
(g) Convictions of a felony of the third degree if the ..... 29
offender has more than one other conviction of any felony or, if ..... 30
the person has exactly two convictions of a felony of the third ..... 31
degree, has more convictions in total than those two third ..... 32
degree felony convictions and two misdemeanor convictions. ..... 33
(2) Sections 2953.32 to 2953.34 of the Revised Code apply ..... 34
to a conviction for a violation of section 2919.25 of the ..... 35
Revised Code that is a misdemeanor of the fourth degree for ..... 36
purposes of sealing, but not for purposes of expungement of the ..... 37
record of the case. ..... 38
(B) (1) Except as provided in section 2953.61 of the ..... 39
Revised Code or as otherwise provided in division (B) (1) (a) (iii) ..... 40
of this section, an eligible offender may apply to the ..... 41
sentencing court if convicted in this state, or to a court of ..... 42
common pleas if convicted in another state or in a federal ..... 43
court, for the sealing or expungement of the record of the case ..... 44
that pertains to the conviction, except for convictions listed ..... 45
in division (A) (1) of this section. Application may be made at ..... 46
whichever of the following times is applicable regarding the ..... 47
offense: ..... 48
(a) An application for sealing under this section may be ..... 49
made at whichever of the following times is applicable regarding ..... 50
(i) Except as otherwise provided in division (B) (1) (a) (iv) ..... 52
of this section, at the expiration of three years after the ..... 53
offender's final discharge if convicted of one or two felonies ..... 54
of the third degree, so long as none of the offenses is a ..... 55
violation of section 2921.43 of the Revised Code; ..... 56
(ii) Except as otherwise provided in division (B) (1) (a) ..... 57
(iv) of this section, at the expiration of one year after the ..... 58
offender's final discharge if convicted of one or more felonies ..... 59
of the fourth or fifth degree or one or more misdemeanors, so ..... 60
long as none of the offenses is a violation of section 2921.43 ..... 61
of the Revised Code or a felony offense of violence; ..... 62
(iii) At the expiration of seven years after the ..... 63
offender's final discharge if the record includes one or more ..... 64
convictions of soliciting improper compensation in violation of ..... 65
section 2921.43 of the Revised Code; ..... 66
(iv) If the offender was subject to the requirements of ..... 67
Chapter 2950. of the Revised Code or Chapter 2950. of the ..... 68
Revised Code as it existed prior to January 1, 2008, at the ..... 69
expiration of five years after the requirements have ended under ..... 70
section 2950.07 of the Revised Code or section 2950.07 of the ..... 71
Revised Code as it existed prior to January 1, 2008, or are ..... 72
terminated under section 2950.15 or 2950.151 of the Revised ..... 73
Code; ..... 74
(v) At the expiration of six months after the offender's ..... 75
final discharge if convicted of a minor misdemeanor. ..... 76
(b) An application for expungement under this section may ..... 77
be made at whichever of the following times is applicable ..... 78
regarding the offense: ..... 79
(i) Except as otherwise provided in division (B) (1) (b) (ii) ..... 80
of this section, if the offense is a misdemeanor, at the ..... 81
expiration of one year after the offender's final discharge; ..... 82
(ii) If the offense is a minor misdemeanor, at the ..... 83
expiration of six months after the offender's final discharge; ..... 84
(iii) If the offense is a felony, at the expiration of ten ..... 85
years after the time specified in division (B) (1) (a) of this ..... 86
section at which the person may file an application for sealing ..... 87
with respect to that felony offense. ..... 88
(2) Any person who has been arrested for any misdemeanor ..... 89
offense and who has effected a bail forfeiture for the offense ..... 90
charged may apply to the court in which the misdemeanor criminal ..... 91
case was pending when bail was forfeited for the sealing or ..... 92
expungement of the record of the case that pertains to the ..... 93
charge. Except as provided in section 2953.61 of the Revised ..... 94
Code, the application may be filed at whichever of the following ..... 95
times is applicable regarding the offense: ..... 96
(a) An application for sealing under this section may be ..... 97
made at any time after the date on which the bail forfeiture was ..... 98
entered upon the minutes of the court or the journal, whichever ..... 99
entry occurs first. ..... 100
(b) An application for expungement under this section may ..... 101
be made at whichever of the following times is applicable ..... 102
regarding the offense: ..... 103
(i) Except as provided in division (B) (2) (b) (ii) of this ..... 104
section, at any time after the expiration of one year from the ..... 105
date on which the bail forfeiture was entered upon the minutes ..... 106
of the court or the journal, whichever entry occurs first; ..... 107
(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. ..... 108
(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 ..... 138
section 109.60 of the Revised Code. If the applicant was so ..... 139
fingerprinted, the probation officer or county department of ..... 140
probation shall include with the written report a record of the ..... 141
applicant's fingerprints. If the applicant was convicted of or ..... 142
pleaded guilty to a violation of division (A) (2) or (B) of ..... 143
section 2919.21 of the Revised Code, the probation officer or ..... 144
county department of probation that the court directed to make ..... 145
inquiries concerning the applicant shall contact the child ..... 146
support enforcement agency enforcing the applicant's obligations ..... 147
under the child support order to inquire about the offender's ..... 148
compliance with the child support order. ..... 149
(D) (1) At the hearing held under division (C) of this ..... 149
section, the court shall do each of the following: ..... 150
(a) Determine whether the applicant is pursuing sealing or ..... 151
expunging a conviction of an offense that is prohibited under ..... 152
division (A) of this section or whether the forfeiture of bail ..... 153
was agreed to by the applicant and the prosecutor in the case, ..... 154
and determine whether the application was made at the time ..... 155
specified in division (B) (1) (a) or (b) or division (B) (2) (a) or ..... 156
(b) of this section that is applicable with respect to the ..... 157
application and the subject offense; ..... 158
(b) Determine whether criminal proceedings are pending ..... 159
against the applicant; ..... 160
(c) Determine whether the applicant has been rehabilitated ..... 161
to the satisfaction of the court; ..... 162
(d) If the prosecutor has filed an objection in accordance ..... 163
with division (C) of this section, consider the reasons against ..... 164
granting the application specified by the prosecutor in the ..... 165
objection; ..... 166
(e) If the victim objected, pursuant to the Ohio ..... 167
Constitution, consider the reasons against granting the ..... 168
application specified by the victim in the objection; ..... 169
(f) Weigh the interests of the applicant in having the ..... 170
records pertaining to the applicant's conviction or bail ..... 171
forfeiture sealed or expunged against the legitimate needs, if ..... 172
any, of the government to maintain those records; ..... 173
(g) Consider the oral or written statement of any victim, ..... 174
victim's representative, and victim's attorney, if applicable; ..... 175
(h) If the applicant was an eligible offender of the type ..... 176
described in division (A) (3) of section 2953.36 of the Revised ..... 177
Code as it existed prior to the effective date of this ..... 178
amendment, determine whether the offender has been rehabilitated ..... 179
to a satisfactory degree. In making the determination, the court ..... 180
may consider all of the following: ..... 181
(i) The age of the offender; ..... 182
(ii) The facts and circumstances of the offense; ..... 183
(iii) The cessation or continuation of criminal behavior; ..... 184
(iv) The education and employment of the offender; ..... 185
(v) Any other circumstances that may relate to the ..... 186
offender's rehabilitation. ..... 187
(2) If the court determines, after complying with division ..... 188
(D) (1) of this section, that the offender is not pursuing ..... 189
sealing or expunging a conviction of an offense that is ..... 190
prohibited under division (A) of this section or that the ..... 191
forfeiture of bail was agreed to by the applicant and the ..... 192
prosecutor in the case, that the application was made at the ..... 193
time specified in division (B) (1) (a) or (b) or division (B) (2) ..... 194
(a) or (b) of this section that is applicable with respect to ..... 195
the application and the subject offense, that no criminal ..... 196
proceeding is pending against the applicant, that the interests ..... 197
of the applicant in having the records pertaining to the ..... 198
applicant's conviction or bail forfeiture sealed or expunged are ..... 199
not outweighed by any legitimate governmental needs to maintain ..... 200
those records, and that the rehabilitation of the applicant has ..... 201
been attained to the satisfaction of the court, both of the ..... 202
following apply: ..... 203
(a) The court, except as provided in division (D) (4) or ..... 204
(5) of this section or division (D), (F), or (G) of section ..... 205
2953.34 of the Revised Code, shall order all official records of ..... 206
the case that pertain to the conviction or bail forfeiture ..... 207
sealed if the application was for sealing or expunged if the ..... 208
application was for expungement and, except as provided in ..... 209
division (C) of section 2953.34 of the Revised Code, all index ..... 210
references to the case that pertain to the conviction or bail ..... 211
forfeiture deleted and, in the case of bail forfeitures, shall ..... 212
dismiss the charges in the case. ..... 213
(b) The proceedings in the case that pertain to the ..... 214
conviction or bail forfeiture shall be considered not to have ..... 215
occurred and the conviction or bail forfeiture of the person who ..... 216
is the subject of the proceedings shall be sealed if the ..... 217
application was for sealing or expunged if the application was ..