State v. Zollnger
2016 Ohio 8369
| Ohio Ct. App. | 2016Background
- In June 2010 a Fairfield County grand jury indicted Scott Zollinger on multiple third-degree sexual battery counts (Case No. 10 CR 0263).
- In January 2011 Zollinger was separately charged by bill of information with two counts of attempted tampering with evidence (Case No. 11 CR 0002).
- As part of a plea agreement, Zollinger pled guilty in 11 CR 0002 to the attempted tampering counts; the State dismissed the sexual battery indictment in 10 CR 0263 with prejudice.
- Zollinger was sentenced in 11 CR 0002 to community control and jail time; no conviction existed in 10 CR 0263 because those charges were dismissed.
- On October 12, 2015 Zollinger moved to seal the dismissed indictment in 10 CR 0263 under R.C. 2953.52; he also moved to seal the conviction in 11 CR 0002.
- The trial court granted sealing of the 11 CR 0002 conviction but denied sealing of the dismissed indictment in 10 CR 0263, reasoning (1) no statutory procedure expressly governs sealing dismissed indictments and (2) R.C. 2953.36 barred sealing because the dismissed charges were sex offenses. Zollinger appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in denying a R.C. 2953.52 motion to seal a dismissed indictment | State: trial court reasonably relied on statutory limits and inherent authority; no prejudicial error because court considered earlier hearing | Zollinger: R.C. 2953.52 applies to dismissed indictments and the court was required to hold a hearing and weigh interests; R.C. 2953.36 does not bar sealing a dismissed indictment | Court reversed and remanded: trial court erred by not holding the required R.C. 2953.52(B) procedures/hearing and misapplying R.C. 2953.36 to a dismissed indictment |
Key Cases Cited
- State ex rel. Cincinnati Enquirer v. Lyons, 140 Ohio St.3d 7 (Ohio 2014) (R.C. 2953.52 covers applications to seal records when charges are dismissed or defendant found not guilty)
- In re M.C.H., 994 N.E.2d 54 (Ohio Ct. App. 2013) (trial court must conduct hearings and make findings when denying sealing under juvenile statute)
- State v. Ritchie, 174 Ohio App.3d 582 (Ohio Ct. App. 2007) (R.C. 2953.36 enumerates convictions that preclude sealing)