State v. C.R.
2017 Ohio 2676
| Ohio Ct. App. | 2017Background
- Defendant C.R. filed to seal the record of a 4th-degree felony conviction for attempted robbery under R.C. 2953.32.
- The State objected, arguing attempted robbery is an "offense of violence" and thus ineligible for sealing under R.C. 2953.36(A)(3).
- The trial court granted C.R.'s application, reasoning that "attempted robbery is a legal fiction."
- The State appealed the trial court's grant of the sealing order.
- The Tenth District reviewed the issue de novo to the extent it presented questions of law and reversed the trial court, holding attempted robbery is a crime of violence and renders the conviction ineligible for sealing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether conviction for attempted robbery is an "offense of violence" making the record ineligible for sealing under R.C. 2953.36(A)(3) | Attempted robbery qualifies as an offense of violence; conviction is ineligible for sealing | Attempted robbery should not render the conviction ineligible (trial court called it a "legal fiction") | Court held attempted robbery is an offense of violence; sealing was improper |
| Whether statutory waiting period had elapsed for filing sealing application | State argued waiting period had not elapsed | Not reached on merits because court found ineligibility | Court found issue moot after ruling ineligibility |
Key Cases Cited
- State v. V.M.D., 148 Ohio St.3d 450 (2016) (Supreme Court holds attempted robbery is a crime of violence and ineligible for sealing under R.C. 2953.36)
- State v. Simon, 87 Ohio St.3d 531 (1999) (expungement is a statutory privilege, not a right)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (abuse of discretion standard defined)