In re Childress
2016 Ohio 814
Ohio Ct. App.2016Background
- Childress was convicted in 1987 of marijuana trafficking, a fourth-degree misdemeanor, with no firearm involved.
- His expungement of that case was granted in 2013.
- On April 30, 2014, Childress filed for relief from disability under R.C. 2923.14 to qualify for a hospital peace officer position requiring a weapon.
- A hearing was held April 13, 2015 after the state objected and sought unsealing for prosecutorial review.
- Childress has since led a law-abiding life, pursued education, held steady employment, and raised children; the record shows no substantive risk evidence.
- The trial court denied relief solely on the basis that Childress was a “bad risk,” without further explanation, and the court of appeals reversed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion denying relief from disability | Childress | State | Yes; the court abused its discretion and reversed |
Key Cases Cited
- State v. Brown, 2011-Ohio-5676 (8th Dist. Cuyahoga No. 96615) (discretionary relief under R.C. 2923.14 may be denied without abuse of discretion)
- In re Dozanti, 2015-Ohio-2276 (8th Dist. Cuyahoga No. 102158) (factors considered; expungement and rehabilitation support reversal when record shows exemplary life)
- Strongsville v. J.M.B., 2014-Ohio-3144 (8th Dist. Cuyahoga No. 100680) (expungement standards; rehabilitation interests outweigh government record-keeping)