As a follow up to our July 6th blog post in which we detailed United States District Court for the Eastern District of New York Judge John Gleeson's granting an Expungement/Sealing Motion, this post will focus on the United States Circuit Court of Appeals circuit split regarding Federal Courts' inherent power and ancillary jurisdiction to expunge criminal records.
In State v. Vanzandt, 2015 Ohio 236, the Ohio Supreme Court reversed the Ohio First District Court of Appeals and remanded the case back to the trial court with instructions to vacate its judgment. In reversing the First District, who had affirmed the trial court's granting of the State's motion to unseal the records from the sealed/expunged case to be used as evidence in a criminal prosecution, the Ohio Supreme Court held that courts do not possess discretion to create additional exceptions permitting access to sealed records for purposes other than those listed in R.C. 2953.53(D).
On October 22, 2014, the Ohio Supreme Court, in State v. Aguirre, 2014 Ohio 4603, held that an offender is ineligible to have their conviction sealed under R.C. 2953.32(A)(1) until all sentencing requirements were completed, including full payment of court-ordered restitution.
On November 19, 2013, the Ohio Senate passed Sub. S.B. 143, if passed by the Ohio House of Representatives and signed into law by Governor Kasich, Ohio expungement eligibility would expand to include individuals with two misdemeanor convictions for the same offense.
The Safe Harbor Bill, H.B. 262, established Revised Code § 2953.38 entitled "Expungement of certain crimes for victims of human trafficking" allowing victims of human trafficking to expunge convictions for violation of:
In our October 8th, 2012 blog post, we discussed the change in Ohio's conviction expungement law. But what if an individual does not have any criminal convictions, but has a criminal arrest or court records because they were wrongfully accused? The answers may be found in Ohio Revised Code sections 2953.52 and 109.60.
New Ohio law, effective Friday, September 28, 2012, allows more people the opportunity to clean up their criminal records also known as expungement and sealing.