State v. Raber
2014 Ohio 249
Ohio Ct. App.2014Background
- Kyle Raber pleaded guilty to one count of sexual imposition (R.C. 2907.06), a third‑degree misdemeanor, after an indictment for sexual battery; the sentencing entry made no sex‑offender classification.
- More than a year later the trial court sua sponte held a separate hearing and classified Raber as a Tier I sex offender; Raber successfully challenged that classification at the Ohio Supreme Court on Double Jeopardy grounds.
- Raber then filed a motion under R.C. 2953.32 to expunge/seal his conviction record; the trial court denied the motion citing R.C. 2953.36(B).
- R.C. 2953.36(B) expressly bars sealing of convictions under R.C. 2907.06 (sexual imposition).
- Raber argued (1) R.C. 2950.01(B)(2) — excluding certain consensual offenses from the definition of “sex offender” — controls over R.C. 2953.36, making his conviction sealable; and (2) the court had inherent authority to expunge records in extraordinary circumstances.
- The appellate court affirmed: R.C. 2953.36(B)’s plain language makes convictions under R.C. 2907.06 ineligible for sealing, and Raber waived any claim to inherent‑authority relief by failing to raise it below.
Issues
| Issue | Raber’s Argument | State’s Argument | Held |
|---|---|---|---|
| Whether R.C. 2953.36(B) or R.C. 2950.01(B)(2) controls sealing eligibility for Raber’s conviction | 2950.01(B)(2) excludes consensual offenses from “sex offender,” so Raber (not being classified) should be eligible to seal | R.C. 2953.36(B) unambiguously bars sealing of convictions under R.C. 2907.06 regardless of classification | R.C. 2953.36(B) controls; conviction under 2907.06 is ineligible for sealing |
| Whether the trial court could exercise inherent judicial authority to expunge Raber’s record | Trial court should use inherent authority in extraordinary circumstances to protect privacy and prevent injustice | No inherent‑authority relief was requested below; issue is forfeited | Forfeited on appeal; court will not consider inherent‑authority claim |
Key Cases Cited
- State v. Raber, 134 Ohio St.3d 350 (Ohio 2012) (Ohio Supreme Court held trial court’s post‑sentence classification hearing violated Double Jeopardy)
- State v. Pariag, 137 Ohio St.3d 81 (Ohio 2013) (R.C. 2953.32 et seq. set limits on sealing jurisdiction)
- State v. Simon, 87 Ohio St.3d 531 (Ohio 1999) (convictions listed in R.C. 2953.36 are ineligible for sealing)
- State v. Lester, 130 Ohio St.3d 303 (Ohio 2011) (distinguishing conviction and sentence/classification)
- Pepper Pike v. Doe, 66 Ohio St.2d 374 (Ohio 1981) (trial courts possess inherent authority to expunge in unusual, exceptional circumstances)