State v. Ricks, 2012 Ohio 3851

Defendant Jessie Lee Ricks appeals after remand from this Court regarding sealing of his 1971 conviction.
He originally pled guilty in 1971 to a reduced charge; probation followed and was completed.
In 2010, he sought to seal the 1971 conviction under R.C. 2953.32(A)(1); trial court denied.
This Court reversed, holding the offense is an offense of violence but not a first-degree misdemeanor under 2953.36(C), and remanded for merits review.
On remand, the trial court again denied sealing, finding he was not a “first offender.”
Ricks challenges due process/equal protection in the second hearing and the admissibility of certain convictions as unauthenticated/hearsay documents.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Due process and notice at second expungement hearing	Ricks contends lack of fair warning and discovery violated due process/equal protection.	Ricks claims improper notice and discovery prevented full challenge to prior convictions.	No reversible error; notice and process not constitutionally required as to expungement.
Admissibility of prior convictions and representation at time of those convictions	State offered convictions to defeat eligibility; documents unverified and hearsay.	Defense objections; no proof of counsel presence at those convictions; reliability concerns.	Trial court properly allowed evidence; defendant not a first offender.

State v. Stephens, 195 Ohio App.3d 724 (2d Dist. 2011) (expungement is discretionary; eligibility strictly governed by statute)
State v. Simon, 87 Ohio St.3d 531 (Ohio 2000) (expungement statutory framework; right not guaranteed)
Dayton v. Salmon, 108 Ohio App.3d 671 (2d Dist. 1996) (first offender status defined; threshold issue)
State v. LaSalle, 96 Ohio St.3d 178 (2002-Ohio-4009) (postconviction remedy; no discovery right in sealing actions)
State ex rel. Love v. Cuyahoga Cty. Prosecutor’s Office, 87 Ohio St.3d 158 (1999) (civil postconviction nature; discovery not guaranteed)
State v. Hamilton, 75 Ohio St.3d 636 (1996) (due process considerations in expungement proceedings)