State v. Lindsay
2021 Ohio 2469
| Ohio Ct. App. | 2021Background
- In July 1996 Lindsay pleaded guilty to attempted robbery (third-degree felony) and received a suspended 2–10 year sentence with three years probation; probation ended November 1998.
- Lindsay first moved to seal her record in 2002; the State objected and the trial court denied the motion; she voluntarily dismissed the appeal.
- On December 13, 2020 Lindsay filed a second application to seal; the State again objected and the trial court denied the application.
- The trial court concluded attempted robbery is an "offense of violence" under Ohio law, making Lindsay statutorily ineligible for record sealing.
- Lindsay argued that pleading to a lesser included offense should not disqualify her and that the three-year post-discharge period had elapsed under earlier law; the court rejected these arguments and the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Lindsay's conviction (attempted robbery) renders her ineligible for sealing under R.C. 2953.32/2953.36 | State: Attempted robbery is an "offense of violence," which statutorily precludes sealing | Lindsay: Plea to a lesser included offense should not disqualify her from sealing | Held: Attempted robbery is an offense of violence; Lindsay is ineligible; sealing denied |
| Whether earlier law or the passage of three years since discharge makes Lindsay eligible; which law controls | State: Current law at time of application controls eligibility | Lindsay: Three years elapsed and prior law would have allowed sealing | Held: The law in effect when the R.C. 2953.32 application is filed controls; current law applies retroactively and bars sealing |
Key Cases Cited
- State v. LaSalle, 96 Ohio St.3d 178 (law in effect at time of filing controls R.C. 2953.32 applications)
- State v. Davenport, 116 Ohio App.3d 6 (changes to expungement law may be applied retroactively)