2019 Ohio 3161
Ohio Ct. App.2019Background
- Hubert Young pleaded guilty in 1999 to a reduced fifth-degree felony theft charge and was placed on community control with court-ordered restitution to State Farm ($4,000) and a victim ($500).
- Community control was extended in 2003 for failure to pay restitution; Young was discharged from community control in May 2004, though restitution remained unpaid.
- Young filed an application to seal his felony record on July 5, 2018 under R.C. 2953.32(A)(1).
- At hearings in November 2018 and January 2019, Young presented letters and probation confirmed payments; the trial court found Young had satisfied restitution as of December 27, 2018 and granted the sealing order on January 17, 2019.
- The State appealed, arguing Young filed prematurely because he had not received a final discharge (i.e., fully paid restitution) three years before filing the sealing application.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court had jurisdiction to grant a sealing order when applicant had not received a final discharge three years before applying | Young filed prematurely because he had not satisfied court-ordered restitution at time of filing; thus no final discharge and statutory waiting period had not begun | Trial court concluded documentary evidence showed restitution was satisfied Dec. 27, 2018 and granted sealing | Court held Young filed before final discharge; trial court lacked jurisdiction to entertain the application and sealing must be vacated |
Key Cases Cited
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (abuse of discretion standard defined)
- State v. Pariag, 137 Ohio St.3d 81 (2013) (sealing is an act of grace; statutes limit trial court jurisdiction)
- State v. Aquirre, 144 Ohio St.3d 179 (2014) (final discharge requires satisfaction of all sentencing requirements, including restitution)
- State v. Hamilton, 75 Ohio St.3d 636 (1996) (expungement principles and statutory constraints)