We have before us two questions. The first question posed is whether a public official convicted of bribery in office under R.C. 2921.02(B) may obtain expungement of his record. The second question is whether an order of expungement may restore the privilege to hold public office to an individual convicted of bribery in office. We answer the first question in the affirmative and the second in thе negative.
I
We conclude that both the trial court and the court of appeals correctly held that a conviction of bribery in office may be expunged. The applicable statutory framework with respect to the sealing of conviction records, R.C. 2953.31 through 2953.36, clearly applies to all convictions, limited only by R.C. 2953.36, which provides:
“Sections 2953.31 to 2953.35 of the Revised Cоde do not apply to convictions when the offender is not eligible for probation, [or] convictions under Chapter 4507 * * * [driver’s licenses], 4511 * * * [traffic laws and operation of motor vehicles], or 4549 * * * [motor vehicle crimes] of the Revised Code.”
Bissantz’s conviction for bribery in office pursuant to R.C. 2921.02(B) is a probationable offense, see R.C. 2951.02(F) and (G), and thus is not excepted by R.C. 2953.36. Howevеr, the state argues that R.C. 2921.02(F), which provides that a public servant convicted of bribery is “forever disqualified” from holding public office, is mandatory in nature and prohibits Bissantz from having the record of his conviction expunged or sealed pursuant to R.C. 2953.31 et seg. Under the expungement statutes, R.C. 2953.32 (C)(2) provides in pertinent part:
“If the court determines * * * that
The state points to State v. Harris (1982),
Accordingly, we hold that, as a matter of law, a conviction of bribery in office under R.C. 2921.02(B) may be expunged pursuant to R.C. 2953.31 et seq. The court below reviewed the record to determine whether expungement was properly granted. Following such a review, the Court of Appeals for Clermont County concluded that the trial court’s order granting expungement was neither against the weight of the evidence nor an abuse of discretion. We will not disturb that finding.
II
As stated above, the court of appeals concluded thаt despite its finding that an expungement was proper, such a finding did not have the effect of restoring the privilege of holding public office to an individual convicted of bribery in office. We аgree with this conclusion for the reasons that follow.
This issue focuses upon the effect of the expungement of Bissantz’s criminal record. There appears to be a conflict bеtween R.C. 2921.02(F) and 2953.33. This first statutory section states specifically that a public official convicted of bribery “* * * is forever disqualified from holding any public office, employment, or position of trust in this state.” R.C. 2953.33(A) provides the general effect of sealing a conviction record in the following terms:
“An order to seal the record of a person’s conviction restores the person who is the subject of the order to all rights and privileges not otherwise restored by termination of sentence or probation or by final release on parole.”
However, the effеct of said ex-pungement is limited by division (B), which provides:
Bissantz suggests that expungement of a public official’s criminal record would in all сases prohibit the use of that record to block a future candidacy. This argument is based on the faulty assumption that once a record of conviction is sealed it is never again subjеct to inspection. There is no question that even a sealed record of conviction may be inspected by a limited group of individuals, which includes law enforcement officers or prosecutors, parole and probation officers, and the person who is the subject of the records. See R.C. 2953.32(D). Obviously, these interested parties could act to bar an individual’s futurе effort to run for election to public office.
In In re Application of Davis (1980),
“Under the provisions of R.C. 2953.33, a person who has obtained the expungement of his record of conviсtion may nonetheless be questioned with respect to that conviction if the questioning bears a ‘direct and substantial relationship’ to the position for which the person is being considered. Such a situation exists in this cause.” Id. at 372, 15 O.O. 3d at 448,
A like view was expressed in Ohio State Bd. of Pharmacy v. Friendly Drugs (1985),
The record reflects that Bissantz has twice sought public office since his conviction, and we hold that a conviction for bribery in office most cеrtainly bears a “direct and substantial relationship to the position” he sought and still seeks. In our view, the expungement of this particular offense would not prevent his conviction from being cоnsidered in determining his eligibility for public office, notwithstanding the general language of R.C. 2953.33 (A). Thus, we uphold the clear mandate of R.C. 2921.02(F) to the effect that Bissantz is forever barred from holding office in this state.
As stated by the court of appeals, historically, a convicted felon is incompetent to be an elector or juror or to hold an office of honor, trust or profit. See R.C. 2961.01. Thе right to vote is restored when such a person is granted probation, parole, or a conditional pardon. Id. In depriving a convicted felon of his right to hold public office, the primary aim of this statute is to impose an additional penalty for the commission of a felony. State, ex rel. Corrigan, v. Barnes (1982),
Finally, we would point out that it is a well-established rule of construction that specific statutory provisions prevail over general provisions. R.C. 1.51. R.C. 2921.02(F), being a specific provision, therefore prevails over the more general provisions of R.C. 2953.33. While R.C. 2953.33 provides the general effect of expungement, it cannot prevail over the compelling public policy specifically declared in R.C. 2921.02(F).
Thus, we conclude that a conviction of bribery in office may be expunged and in this case the trial court correctly held that Bissantz is entitled to expungement. However, we also conclude that, in light of the specific mandate of R.C. 2921.02(F), a person convicted of bribery in office under R.C. 2921.02(B) is forever barred from holding public offiсe in this state, even where such conviction is subsequently expunged pursuant to R.C. 2953.31 et seq. Accordingly, the judgment of the court of appeals is affirmed.
Judgment affirmed.