Bedford Hts. v. T.N.S.

Summary

The Ohio Eighth District Court of Appeals held that the Bedford Municipal Court improperly followed a blanket policy of sealing records instead of expunging them. Because the applicant satisfied the statutory requirements for expungement under R.C. 2953.32, the appellate court reversed and vacated the trial court’s judgment and remanded with instructions to grant expungement of the criminal-damaging conviction and dismissed theft charge.

Holdings

1. When an applicant properly seeks expungement under R.C. 2953.32 and the trial court finds that the statutory requirements are satisfied, the trial court must grant expungement rather than substitute record sealing.
2. A trial court may not deviate from the statutory requirements of R.C. 2953.32 by adopting a blanket policy of sealing records instead of expunging them or by relying on a perceived ambiguity that does not support another reasonable interpretation.

Questions Presented

1. Whether a trial court may deny an eligible applicant's request for expungement and order only record sealing after finding that the statutory requirements for relief are satisfied.
2. Whether the trial court may rely on a perceived statutory ambiguity or local policy to deviate from the requirements of R.C. 2953.32.

Disposition

reversed_and_remanded