2014 Ohio 2187
Ohio Ct. App.2014Background
- A.S. was convicted in 1995 of contributing to unruliness or delinquency of a child, a misdemeanor first degree under R.C. 2919.24; the victim was a minor under 18.
- Initial trials: rape charged; acquittal on rape; mistrial on gross sexual imposition; indictment amended to the lesser offense; A.S. pled guilty to the amended charge and was sentenced to time served.
- A.S. filed a motion for expungement on October 3, 2002; the court ordered probation reports in 2002 and 2004 and the state objected in 2005.
- On August 23, 2013, the trial court granted expungement, finding eligibility under R.C. 2953.31(A), that the time deadline had expired, no pending proceedings, rehabilitation, and that the offense was not precluded from sealing; the court ordered sealing of all official records.
- The state appealed, arguing (1) lack of jurisdiction to seal a record for an offense where the victim was under 18 under R.C. 2953.36(F), and (2) no hearing was held before ruling on expungement; the appellate court held the first issue was sustained and remanded to deny expungement and unseal the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Authority to seal given minor victim and statute | A.S.’s conviction falls under R.C. 2953.36(F) and is ineligible | AS sought expungement under 2953.32 (pre-2002 law) | Trial court had no authority to seal; ineligible under 2953.36(D) as victim under 18 |
| Hearing requirement for expungement ruling | Appeal argues no hearing required by statute | Hearing required before expungement ruling | Moot since first issue sustains reversal; no need to address hearing requirement |
Key Cases Cited
- State v. Simon, 87 Ohio St.3d 531 (2000) (expungement is a privilege; eligibility requirements govern jurisdiction)
- State v. LaSalle, 96 Ohio St.3d 178 (2002) (controlling law for sealing at time of filing)
- State v. Widener, 2014-Ohio-333 (2014) (R.C. 2953.36(F) applies to some child-offense convictions; sealing not allowed)
- State v. Ninness, 2013-Ohio-974 (2013) (child endangering falls under exclusion from expungement)
- State v. Menzie, 2006-Ohio-6990 (2006) (eligibility criteria govern expungement jurisdiction)
- State v. M.R., 2010-Ohio-6025 (2010) (R.C. 2953.36 applicability to expungement)
- In re Fuller, 2011-Ohio-6673 (2011) (de novo review of statutory applicability to expungement)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (abuse of discretion standard for appellate review)