State of Ohio v. Radcliff

Summary

The Supreme Court of Ohio held that a court lacks authority to seal the criminal record of a pardoned offender who does not satisfy the statutory requirements for sealing under Ohio Revised Code sections 2953.32 and 2953.52. The court answered a certified conflict question in the negative, rejected the contrary holding in State v. Cope, and affirmed the judgment of the Tenth District Court of Appeals. The majority concluded that a pardon provides forgiveness but does not erase the conviction or require record sealing.

Holdings

1. A court lacks authority to seal the criminal record of a pardoned offender who does not meet the applicable statutory requirements for sealing the record.
2. The judiciary's inherent authority recognized in Pepper Pike v. Doe is limited and does not authorize sealing the record of a pardoned conviction held by a convicted non-first offender.
3. The certified question is answered in the negative, State v. Cope is rejected, Radcliff's proposition of law is overruled, and the Tenth District's judgment is affirmed.

Questions Presented

1. May a trial court exercise jurisdiction to seal the record of a pardoned conviction when the petitioner has other offenses on his record?
2. Does a trial court possess inherent authority to seal the record of a conviction erased by a gubernatorial pardon in order to give effect to a constitutional privacy provision?
3. Did the First District's holding in State v. Cope correctly permit sealing of a pardoned conviction regardless of the petitioner's other offenses?

Disposition

affirmed