State v. Helfrich, 13–17–30

• Decision Date: 20 February 2018
• Docket Number: NO. 13–17–31,NO. 13–17–30, NO. 13–17–32,13–17–30
• Citation: 2018 Ohio 638,107 N.E.3d 695
• Parties: STATE of Ohio, Plaintiff–Appellee, v. Robert C. HELFRICH, Defendant–Appellant. State of Ohio, Plaintiff–Appellee, v. Robert C. Helfrich, Defendant–Appellant. State of Ohio, Plaintiff–Appellee, v. Robert C. Helfrich, Defendant–Appellant.
• Court: Ohio Court of Appeals

107 N.E.3d 695

2018 Ohio 638

STATE of Ohio, Plaintiff–Appellee,

v.Robert C. HELFRICH, Defendant–Appellant.

State of Ohio, Plaintiff–Appellee,

v.Robert C. Helfrich, Defendant–Appellant.

State of Ohio, Plaintiff–Appellee,

v.Robert C. Helfrich, Defendant–Appellant.

NO. 13–17–30

NO. 13–17–31

NO. 13–17–32

Court of Appeals of Ohio, Third District, Seneca County.

Date of Decision: February 20, 2018

Dorothy L. Williams for Appellant

Charles R. Hall, Jr. for Appellee

ZIMMERMAN, J.

{¶ 1} This matter comes before us upon three consolidated appeals. Defendant–Appellant, Robert C. Helfrich ("Helfrich"), appeals the judgments of the Seneca County Tiffin Municipal Court denying his motion to seal the record of his convictions. On appeal, Helfrich asserts that: 1) the trial court erred in making an arbitrary ruling; 2) the trial court erred in ruling that Helfrich was not an eligible offender for expungement; 3) the trial court abused its discretion in ruling that the need of society to maintain the record outweighs the benefit to Helfrich by sealing the record; 4) the trial court abused its discretion by ruling that Helfrich is not fully rehabilitated; and 5) the trial court erred by basing its decision on an error of law. For the reasons that follow, we affirm the ruling of the trial court.

Factual Background

{¶ 2} On March 3, 2002, Helfrich was suspected for shoplifting cigarettes from a Kroger grocery store located in Tiffin, Ohio. (Case Number 02CRB218, Doc. No. 1).¹ Helfrich was detained by local law enforcement officers after a brief foot chase, and six packs of cigarettes were located on his person. (Id. ).

{¶ 3} Helfrich was arrested for theft and taken to the police station for questioning.² (Id. ). During Helfrich's interrogation, the officer questioning Helfrich noticed that Helfrich had the odor of alcohol on his breath. (Id. ). Because Helfrich was only nineteen (19) years old at the time of this arrest, the officer asked Helfrich if he had been drinking. (Id. ). Helfrich admitted that he had been drinking beer at a local bar. (Id. ). Helfrich also told the officer that he was at Tiffin University just prior to being arrested for the shoplifting charge. (02CRB444, Doc. No. 1).

{¶ 4} However, Helfrich had been expelled from Tiffin University on February 5, 2002, and was informed by school officials that if he returned to school property criminal charges for trespassing would be filed against him. (Id. ). So, due to Helfrich's admission that he was on Tiffin University's property, the Tiffin police department chose to investigate Helfrich's presence on university property and subsequently obtained evidence that Helfrich was, in fact, on Tiffin University's campus on March 3 and on March 6, 2002. (Id. ; 02CRB443, Doc. No. 1).

Procedural Background

{¶ 5} On March 4, 2002, criminal charges were filed in the Tiffin Municipal Court stemming from Helfrich's shoplifting arrest. (02CRB218, Doc. No. 1). Specifically, Helfrich was charged with: Underage Consumption, in violation of R.C. 4301.632,³ a misdemeanor of the first degree, in case number 02CRB218 A; Theft, in violation of R.C. 2913.02(A)(1), a misdemeanor of the first degree, in case number 02CRB218 B; and Resisting Arrest, in violation of R.C. 2921.33(A), a misdemeanor of the second degree, in case number 02CRB218 C. (Id. ). Helfrich pled not guilty to all charges and the case was set for a jury trial. (02CRB218, Doc. Nos. 4; 5). Thereafter, and on April 3, 2002, Helfrich appeared in the trial court and changed his plea from "not guilty" to "no contest" to the Underage Consumption and Theft charges. (02CRB218, Doc. No. 9). Because Helfrich entered "no contest" pleas to the charges of Underage Consumption and Theft, the prosecutor dismissed the Resisting Arrest charge. (Id. ). Helfrich was found guilty by the trial court of the Underage Consumption charge and was ordered to pay a fine of $150, plus court costs. He also received a suspended jail sentence of thirty (30) days. (Id. ). Helfrich was also placed on probation for a period of one year. (Id. ). The trial court also found Helfrich guilty of the Theft charge and he was ordered to pay a fine of $15 plus court costs. (Id. ).

{¶ 6} On May 2, 2002, two additional and separate criminal cases were filed against Helfrich in the Tiffin Municipal Court. (02CRB443, Doc. No. 1; 02CRB444, Doc. No. 1). These charges stemmed from Helfrich's trespasses on Tiffin University's property on March 3rd and March 6th, 2002. (Id. ). Helfrich was charged in each case with Criminal Trespass, in violation of R.C. 2911.21(A), misdemeanors of the fourth degree. (Id. ). Helfrich entered a plea of "not guilty" to the Criminal Trespass charge in case number 02CRB443 on May 16, 2002. (02CRB443, Doc. No. 4). On June 6, 2002, Helfrich entered a plea of "not guilty" to the Criminal Trespass charge in case number 02CRB444. (02CRB444, Doc. No. 5).

{¶ 7} However, on August 1, 2002, Helfrich changed his pleas of "not guilty" to "no contest" in both trespassing cases in the trial court. (02CRB443, Doc. No. 12; 02CRB444, Doc. No. 10). As a result, Helfrich was found guilty by the trial court in both cases and sentenced to a fine of $150, and ordered to pay court costs in Case No. 02CRB443. (02CRB443, Doc. No. 12; 02CRB444, Doc. No. 10). The trial court also ordered Helfrich to serve thirty (30) days in jail, consecutive to any other misdemeanor jail time, with such jail term being conditionally suspended. (Id. ). In case number 02CRB444, Helfrich was ordered to pay court costs, and sentenced to serve thirty (30) days in jail, consecutive to any other misdemeanor jail time, with such sentence also being suspended. (02CRB444, Doc. No. 10).

{¶ 8} Approximately fifteen (15) years later, on June 9, 2017, Helfrich filed a motion in the trial court to seal the records of his convictions in all of his Tiffin Municipal Court cases. (02CRB218, Doc. No. 11; 02CRB443, Doc. No. 14; 02CRB444, Doc. No. 12). On July 6, 2017, the State of Ohio (Appellee herein) filed its objection to Helfrich's request. (02CRB218, Doc. No. 13; 02CRB443, Doc. No. 16, 02CRB444, Doc. No. 14). Specifically, the State of Ohio argued that Helfrich was not an "eligible offender" under R.C. 2953.32, which therefore precluded the sealing of his convictions. (Id. ).

{¶ 9} A hearing on Helfrich's motions to seal was held in the Tiffin Municipal Court on July 10, 2017, and on the September 11, 2017 the trial court denied Helfrich's motions, ruling that: "[b]ased upon review of said case the Court finds that the Defendant does not qualify pursuant to ORC. [sic] and therefore said motion is DENIED." (02CRB218, Doc. No. 12; 02CRB443, Doc. No. 15; 02CRB444, Doc. No. 13).

{¶ 10} On October 11, 2017, Helfrich filed an appeal from the Tiffin Municipal Court's denial of his motion to seal his record. (02CRB218, Doc. No. 16; 02CRB443, Doc. No. 19; 02CRB444, Doc. No. 18). On appeal, Helfrich asserts the following assignments of error for review:

ASSIGNMENT OF ERROR NO. I

THE TRIAL COURT ERRED IN MAKING A RULING THAT APPEARS TO BE ARBITRARY WITH NO STATED FOUNDATION FOR SAME.

ASSIGNMENT OF ERROR NO. II

THE TRIAL COURT ERRED IN APPARENTLY RULING THAT APPELLANT IS NOT AN ELIGIBLE OFFENDER.

ASSIGNMENT OF ERROR NO. III

THE TRIAL COURT ABUSED ITS DISCRETION IN APPARENTLY RULING THAT SOME UNDISCLOSED NEED OF SOCIETY TO MAINTAIN THE RECORD AS PUBLIC [SIC] OUTWEIGHS THE BENEFIT TO APPELLANT OF SEALING THE RECORD.

ASSIGNMENT OF ERROR NO. IV

THE TRIAL COURT ABUSED ITS DISCRETION IN APPARENTLY RULING THAT APPELLANT IS NOT FULLY REHABILITATED.

ASSIGNMENT OF ERROR NO. V

THE TRIAL COURT ERRED IN RULING BASED ON AN ERROR OF LAW: NAMELY THAT THE SEALING OF RECORDS IS CHANGING HISTORY.

{¶ 11} For ease of analysis, we choose to address Helfrich's assignments of error out of order.

Appellant's Second Assignment of Error

{¶ 12} In his second assignment of error, Helfrich asserts that the trial court erred by ruling that he was not an eligible offender to have his records sealed. Specifically, Helfrich argues that the trial court's determination that Helfrich "does not qualify pursuant to ORC" suggests that Helfrich is not an eligible offender to have his records sealed, and such ruling was an error of law. For the reasons that follow, we disagree.

Standard of Review

{¶ 13} "The sealing of records of conviction, like expungement, is an act of grace created by the state, and so is a privilege, not a right." State v. Tauch, 10th Dist. Franklin No. 13AP-327, 2013-Ohio-5796, 2013 WL 6869955, ¶ 7 citing State v. Dominy, 10th Dist. Franklin No. 13AP-124, 2013-Ohio-3744, 2013 WL 4679421, ¶ 5. As such, sealing should only be granted when all the requirements for eligibility are met. Id. "If an applicant is not an eligible offender, the trial court lacks jurisdiction to grant the application." Id. "[A]n order sealing the record of one who is not an eligible offender is void for lack of jurisdiction and may be vacated at any time. Id. "[W]hether an applicant is considered an eligible offender is an issue of law for a reviewing court to decide de novo ." State v. Weiss, 10th Dist. Franklin No. 14AP-957, 2015-Ohio-3015, 2015 WL 4545152, ¶ 5.

Relevant Statutory Authority

{¶ 14} Under Ohio law, " ‘two different statutes relate to the sealing of court documents— R.C. 2953.32, for sealing of records after conviction, and R.C. 2953.52, for sealing after disposition other than conviction.’ " In re Application for the Sealing of the Records of A.H., 10th Dist. Franklin No. 15AP-555, 2016-Ohio-5530, 60 N.E.3d 60, ¶ 11quoting State ex rel. Cincinnati Enquirer v. Lyons, 140 Ohio St.3d 7, 2014-Ohio-2354, 14 N.E.3d 989, ¶ 16. Because Helfrich only petitioned the trial court to seal the record of his convictions , we will analyze this assignment of error with guidance from the statutory language contained in R.C. 2953.32.

R.C. 2953.32 provides, in its relevant part:

(A)(1) Except as provided in section 2953.61 of the Revised Code, an eligible offender may apply to the

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