Summary
The Supreme Court of Ohio held that a fourth-degree-misdemeanor conviction for failing to register a motor vehicle under R.C. 4503.11(A) counts as a conviction when determining eligibility for record sealing under R.C. 2953.31(A). The court reversed the Tenth District Court of Appeals and remanded the matter because J.M. had one felony conviction and two misdemeanor convictions.
Topics
Practice areas
Questions Presented
- Whether a fourth-degree-misdemeanor conviction under R.C. 4503.11(A) for failing to register a motor vehicle must be counted as a conviction when determining eligible-offender status under R.C. 2953.31(A).
- Whether the 2015 amendment reducing the offense to a minor misdemeanor applied retroactively to J.M.'s earlier conviction.
Holdings
- A fourth-degree-misdemeanor conviction under R.C. 4503.11(A) for failing to register a motor vehicle counts as a conviction when determining eligible-offender status under R.C. 2953.31(A).
- The 2015 amendment reducing violations of R.C. 4503.11 to minor misdemeanors did not retroactively affect convictions previously entered and sentenced under the former version of the statute.
Key quotations
“These exceptions do not, however, include fourth-degree-misdemeanor convictions for violating R.C. 4503.11(A). We therefore hold that a fourth-degree-misdemeanor conviction under R.C. 4503.11(A) for failing to register a motor vehicle counts as a conviction when determining eligible-offender status under R.C. 2953.31(A).” (¶ 1)
“Under the plain language of R.C. 2953.31(A), a fourth-degree-misdemeanor conviction for failure to register a motor vehicle counts as a conviction for record-sealing purposes.” (¶ 14)
Factual background
J.M. sought to seal a 24-year-old third-degree-felony conviction for receiving stolen property. At the time of his application, he also had a third-degree-misdemeanor conviction for negligent assault and a fourth-degree-misdemeanor conviction for failing to register a motor vehicle under R.C. 4503.11(A). The State argued that the motor-vehicle-registration conviction counted toward the statutory conviction limits and therefore made J.M. ineligible for record sealing.
Procedural history
J.M. applied to the Franklin County Court of Common Pleas to seal a 24-year-old felony conviction for receiving stolen property. The trial court granted the application despite J.M.'s additional convictions for negligent assault and failure to register a motor vehicle. The Tenth District Court of Appeals affirmed, but certified a conflict with State v. Clark. The Supreme Court of Ohio answered the certified question affirmatively, reversed the Tenth District, and remanded to the trial court.
Remand instructions
Remand to the trial court for further proceedings consistent with the opinion, including application of the conclusion that J.M. was not an eligible offender for record-sealing purposes.