State v. LaSalle

96 Ohio St. 3d 178 (Ohio 2002) · Supreme Court of Ohio · August 21, 2002

Summary

The Ohio Supreme Court held that the version of Ohio Revised Code 2953.36 in effect when an application to seal a criminal conviction is filed governs the application. Because Robert LaSalle filed his application before an amendment barred sealing records of certain domestic-violence convictions, the amendment could not be applied to his application absent an express legislative directive for retrospective application. The court affirmed the appellate court’s reversal of the trial court’s order vacating the record-sealing order.

Holdings

  1. The amendment to R.C. 2953.36(C) does not apply retrospectively to LaSalle's application because the General Assembly did not expressly state that the amendment operated retrospectively.
  2. The statutory law in effect when an R.C. 2953.32 application to seal a conviction record is filed controls the application.

Questions Presented

  1. Whether an amendment to R.C. 2953.36 that prohibits sealing certain conviction records applies to an application filed before the amendment's effective date but decided afterward.
  2. Whether the amendment was expressly intended to operate retrospectively under R.C. 1.48.
  3. Which version of the statute governs an application to seal a conviction record.

Disposition

affirmed

Cases Cited (20)

  • Vogel v. Wells, 57 Ohio St. 3d 91, 566 N.E.2d 154 (1991)(followed)
  • Cincinnati School Dist. Bd. of Edn. v. Hamilton Cty. Bd. of Revision, 91 Ohio St. 3d 308, 744 N.E.2d 751 (2001)(followed)
  • Bielat v. Bielat, 87 Ohio St. 3d 350, 721 N.E.2d 28 (2000)(followed)
  • Kiser v. Coleman, 28 Ohio St. 3d 259, 503 N.E.2d 753 (1986)(followed)
  • Rubbermaid, Inc. v. Wayne Cty. Aud., 95 Ohio St. 3d 358, 767 N.E.2d 1159 (2002)(followed)
  • Van Fossen v. Babcock & Wilcox Co., 36 Ohio St. 3d 100, 522 N.E.2d 489 (1988)(followed)
  • State ex rel. Kilbane v. Indus. Comm., 91 Ohio St. 3d 258, 744 N.E.2d 708 (2001)(followed)
  • Kneisley v. Lattimer-Stevens Co., 40 Ohio St. 3d 354, 533 N.E.2d 743 (1988)(followed)
  • State v. Bissantz, 30 Ohio St. 3d 120, 507 N.E.2d 1117 (1987)(followed)
  • State v. Wilfong, 2001 WL 256326 (Ohio Ct. App. Mar. 16, 2001)(followed)

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