Ordinance 20-12RECORD OF ORDINANCES
Ordinance No. 20 -12 Passed 20
AN ORDINANCE ESTABLISHING SECTION 130.15 OF
THE DUBLIN CODIFIED ORDINANCES AUTHORIZING
THE MAYOR AND /OR MAYOR'S COURT MAGISTRATE
TO SEAL JUVENILE RECORDS UPON THE SUCCESSFUL
COMPLETION OF A JUVENILE DIVERSION PROGRAM.
WHEREAS, the City of Dublin ( "City") allows juveniles who have been
detained/arrested, but not charged, with certain criminal offenses under the Dublin
Codified Ordinances to complete a juvenile diversion program with Franklin County;
and
WHEREAS, the City desires to protect and seal the records of juveniles who
successfully complete the juvenile diversion program; and
WHEREAS, the City desires to vest the Mayor and/or Mayor's Court Magistrate with
the authority to seal the records of juveniles who successfully complete a juvenile
diversion program.
NOW, THEREFORE, BE IT ORDAINED by the Council, of the City of Dublin,
State of Ohio, of the elected member concurring that:
Section 1 . Section 130.15 of the Dublin Code of Ordinances is hereby established as
follows:
§ 130.15 JUVENILE RECORDS: AUTHORITY TO SEAL
(A) Upon the successful and satisfactory completion of a diversion program
by a juvenile who has been ordered into a diversion program specified
by the court, a Mayor or Magistrate of the Mayor's Court shall be
permitted, within the discretion of the court, to seal the records of the
juvenile pursuant to Sections 2151.356 through 2151.358 of the Ohio
Revised Code.
(B) For purposes of this Section, a juvenile shall be any person under the
age of 18 years.
Section 2 . This ordinance shall take effect on the earliest date permitted by law.
Passed this �w day of 4 L&L 2012.
ATTEST:
Clerk of Council
I CE M I L LERLLP
LEGAL COUNSEL
MEMORANDUM
TO: Dublin City Council
Marsha L Grigsby, City Manager
FROM: Stephen J. Smith, Law Director
Stephen J. Smith, Assistant Law Director
DATE: April 5, 2012
RE: Ordinance 20 -12 Enacting Provisions to Allow the Mayor /Magistrate to Seal
Juvenile Records
BACKGROUND:
The City of Dublin, with the permission of the Franklin County Juvenile Court, operates a
juvenile diversion program. Under this program, when a juvenile is detained and /or arrested, the
Dublin Police fill out the charging paperwork but it is not filed with the Court. Instead, the
juvenile is referred to the diversion program and, if the program is successfully completed, the
charging paperwork is never filed with the Court. Currently, no mechanism exists to seal the
records once the juvenile completes the program. Conversely, if the juvenile was actually
charged in Court they would be eligible to have their record sealed.
The proposed Ordinance would ensure that a juvenile who successfully completes the juvenile
diversion program would have the same opportunity to seal their record as a juvenile who is
actually charged in Court.
RECOMMENDATION:
Staff recommends approval of this Ordinance 20 -12 at the second reading /public hearing on
April 23, 2012.