2013 Ohio 1865
Ohio Ct. App.2013Background
- State appeals the trial court’s grant of expungement to seal Rogers’s conviction from case No. CRB 0900585 and CVB09585 for weapon while intoxicated.
- Rogers, pro se, moved to seal the record in May 2012; hearing held June 28, 2012.
- State objected, noting prior OVI convictions and arguing Rogers was not a first offender.
- Clerk’s records for prior convictions were unavailable; a July 2, 2012 memorandum referenced destroyed 1984 records.
- Trial court granted expungement on August 10, 2012; the State timely appeals claiming lack of first-offender status and jurisdiction.
- Court reverses, vacates, and remands for proper jurisdictional determination under the expungement statute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court had jurisdiction to grant expungement | State contends Rogers was not a first offender | Rogers contends court had jurisdiction to decide eligibility | Reversed; court lacked jurisdiction pending proper first-offender determination |
Key Cases Cited
- State v. May, 72 Ohio App.3d 664 (8th Dist.1991) (jurisdictional requirement for first-offender expungement)
- State v. Coleman, 117 Ohio App.3d 726 (1st Dist.1997) (first offender status is jurisdictional for expungement)
- State v. McCoy, 2004-Ohio-6726 (10th Dist.) (first offender requirement is jurisdictional)
- State v. Hamilton, 75 Ohio St.3d 636 (1996) (procedural requirement to obtain reports in expungement hearing)