2016 Ohio 6970
Ohio Ct. App.2016Background
- In 1997 Mario D. Kirk pleaded guilty to multiple drug- and traffic-related offenses; the trial court imposed sentence.
- Kirk sought sealing of his record under R.C. 2953.32: first in 2008 (denied as ineligible) and again in 2013 (denied on October 11, 2013 as ineligible).
- Kirk did not appeal the October 11, 2013 denial; instead he filed a January 17, 2014 motion requesting reconsideration and/or clarification of the 2013 denial.
- On November 17, 2015 the trial court entered a journal entry purporting to deny a “motion to expunge records,” which in substance addressed Kirk’s motion for reconsideration/clarification.
- The Court of Appeals determined the November 17, 2015 entry was a nullity because a motion to reconsider filed after a final judgment is a nullity; the court vacated that November 17, 2015 judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court’s denial of sealing violated equal protection / allowed selective sealing | Kirk: trial court’s statutory interpretation produced unconstitutional unequal treatment and permitted identical conduct to be sealed for some but not him | State/trial court: Kirk was statutorily ineligible to have his record sealed | Court did not reach merits; held the Nov. 17, 2015 entry was a nullity and vacated it |
Key Cases Cited
- Pitts v. Ohio Dept. of Transp., 67 Ohio St.2d 378 (Ohio 1981) (motion for reconsideration filed after a final judgment is a nullity)