State v. Hilbert
Decision Date | 10 September 2001 |
Docket Number | No. 79344.,79344. |
Citation | 764 NE 2d 1064,145 Ohio App.3d 824 |
Parties | The STATE of Ohio, Appellee, v. HILBERT, Appellant. |
Court | Ohio Court of Appeals |
William D. Mason, Cuyahoga County Prosecuting Attorney, and Diane Smilanick, Assistant Prosecuting Attorney, for appellee.
Ticktin, Baron, Koepper & Co. and Russell Z. Baron, for appellant.
This is an appeal from the Cuyahoga County Court of Common Pleas. Appellant Jose Hilbert was charged in 1995 with aggravated arson for burning a cross in front of his apartment building. The charge was reduced to a misdemeanor, criminal mischief, and appellant pleaded guilty. On November 17, 2000, appellant filed a motion to expunge the conviction pursuant to R.C. 2953.32. The trial court denied the motion following a hearing. Hilbert now takes this appeal and designates one assignment of error:
"Assignment of Error 1: As a matter of law, the trial court erred by denying the appellant's motion to expunge."
The facts in this case are not in dispute. Hilbert, a black man, moved his family to a predominantly white neighborhood. He felt that he was being harassed and that his complaints to the authorities such as the local councilman and to the NAACP were being ignored. In frustration, he made a cross about two feet square, erected it on the lawn in front of his apartment building, and set it on fire. At the expungement hearing, Hilbert admitted, "Your honor, what I did was stupid and what I did was wrong, and I know that."
The procedure to be followed in an expungement under R.C. 2953.32(B) is very explicitly set out in the statute, but the standards for granting or denying the motion are not as clear or precise. Procedurally, paragraph (C)(1) of the statute provides:
If none of those matters is determined adverse to the applicant, then pursuant to R.C. 2953.32(C)(2) the court "shall order all official records pertaining to the case sealed."
The opinion by the Second District in Dayton v. Sheibenberger (1996), 115 Ohio App.3d 529, 685 N.E.2d 841, discusses the history of expungement. Pepper Pike v. Doe (1981), 66 Ohio St.2d 374, 20 O.O.3d 334, 421 N.E.2d 1303, dealt with judicial, as opposed to statutory, expungement and noted the importance of maintaining public records about criminal convictions. The legislature enacted a statutory scheme for expungement that was to be for first offenders, but as noted in Sheibenberger, supra, at 533, 685 N.E.2d 841:
The Supreme Court seemed to treat the amendment as an expression of legislative will that the Pepper Pike v. Doe standard no longer be the controlling test because the revised version of the statute "places a greater emphasis on the individual's interest in having the record sealed." State v. Bissantz (1988), 40 Ohio St.3d 112, 532 N.E.2d 126. Instead, there should be a balancing test, which is best described in Chief Justice Moyer's partial dissent in State v. Greene (1991), 61 Ohio St.3d 137, 573 N.E.2d 110:
In a more recent pronouncement, in State ex rel. Gains v. Rossi (1999), 86 Ohio St.3d 620, 716 N.E.2d 204, the court included one other consideration when it held at 622, 716 N.E.2d 204:
Thus, to summarize, the standard to be applied in an expungement case under R.C. 2953.32 is: The court must weigh the interest of the public's need to know as...
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...legislative purpose of allowing expungements.’ " Aguirre, 2013-Ohio-768, 2013 WL 816547, at ¶ 13, quoting State v. Hilbert, 145 Ohio App.3d 824, 827, 764 N.E.2d 1064 (8th Dist.2001). But the relevant statutory language makes clear that a court can apply this standard only after it has deter......
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State v. D.D.G., s. 108291
...offender." State v. Radcliff , 142 Ohio St.3d 78, 2015-Ohio-235, 28 N.E.3d 69, ¶ 27 ; see also State v. Hilbert , 145 Ohio App.3d 824, 826-827, 764 N.E.2d 1064 (8th Dist.2001) (noting that the Ohio Supreme Court seemed to treat the General Assembly's amendment of R.C. 2953.31 "as an express......
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State v. R.S.
... ... 2953.31(A)(1) has no numerical ... restriction for sealing misdemeanor convictions ... {¶24} ... "Although rehabilitation is not favored in current penal ... thought, the unarguable fact is that some people do ... rehabilitate themselves." State v. Hilbert, 145 ... Ohio App.3d 824, 827, 764 N.E.2d 1064 (8th Dist.2001). R.S ... demonstrated that she is among the many rehabilitated ... individuals. The trial court's finding that she was not ... rehabilitated does not comport with the record. Rather, its ... finding was unreasonable and arbitrary ... ...
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State v. R.S.
... ... 2953.31(A)(1) has no numerical ... restriction for sealing misdemeanor convictions ... {¶24} ... "Although rehabilitation is not favored in current penal ... thought, the unarguable fact is that some people do ... rehabilitate themselves." State v. Hilbert, 145 ... Ohio App.3d 824, 827, 764 N.E.2d 1064 (8th Dist.2001). R.S ... demonstrated that she is among the many rehabilitated ... individuals. The trial court's finding that she was not ... rehabilitated does not comport with the record. Rather, its ... finding was unreasonable and arbitrary ... ...