2011 Ohio 3866
Ohio Ct. App.2011Background
- Ricks was indicted in 1969 for shooting with intent to kill; pled guilty in 1971 to a reduced charge of pointing a firearm (former R.C. 3773.04), a misdemeanor, and completed probation in 1972.
- In May 2010, Ricks sought to seal the conviction under R.C. 2953.32; a June 30, 2010 hearing occurred and the court denied sealing.
- The trial court held Ricks ineligible under R.C. 2953.31, 2953.32(A)(1) or (C)(1), and 2953.36, because the offense was an offense of violence and not a qualifying first-degree misdemeanor.
- Ricks’s offense of pointing a firearm is analyzed as an offense of violence under R.C. 2901.01(A)(9)(b)/(c) due to its substantial similarity to aggravated menacing and to causing a risk of serious physical harm.
- The key issue becomes whether the offense qualifies as a first-degree misdemeanor for sealing purposes; the court ultimately concludes it does not, but that the conviction is still potentially sealable as an unclassified misdemeanor, leading to reversal and remand for merits review.
- The appellate court held that the trial court erred in finding ineligibility and remanded for further proceedings on sealing consistent with the opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does former R.C. 3773.04 qualify as an offense of violence that is a first-degree misdemeanor under 2953.36(C)? | Ricks contends it is not a first-degree misdemeanor. | State contends it is an offense of violence and a first-degree misdemeanor. | Ricks’s offense is not a first-degree misdemeanor; eligible for sealing consideration. |
| Can a conviction under former R.C. 3773.04 be sealed as an unclassified misdemeanor under 2953.36(C)? | Ricks argues sealing is possible despite lack of degree classification. | State argues the statute governs exclusion as to degree; sealing may be barred or limited. | Unclassified misdemeanors may be sealed; conviction merits sealing review on remand. |
Key Cases Cited
- State v. Futrall, 123 Ohio St.3d 498 (Ohio 2009) (analysis of 2953.36(C) and offenses of violence; precludes automatic sealing conclusions)
- Fairborn v. DeDomenico, 114 Ohio App.3d 590 (Ohio App. 1996) (statutory interpretation; not banning sealing of certain violations)
- State v. Williams, 2002-Ohio-5022 (Ohio App. 2002) (unclassified misdemeanors and sealing implications)