State v. Pariag

2013 Ohio 4010, 998 N.E.2d 401, 137 Ohio St. 3d 81
CourtOhio Supreme Court
DecidedSeptember 19, 2013
Docket2012-0819
StatusPublished
Cited by144 cases

This text of 2013 Ohio 4010 (State v. Pariag) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Pariag, 2013 Ohio 4010, 998 N.E.2d 401, 137 Ohio St. 3d 81 (Ohio 2013).

Opinions

Lanzinger, J.

{¶ 1} We are asked to determine whether records of a dismissed charge may be sealed if the offense arises from or is in connection with the same act that led to a conviction on an unsealable charge. The Tenth District Court of Appeals affirmed the trial court’s decision to seal the record of the dismissed charges in this case. Because we conclude that the Tenth District Court of Appeals erred in its analysis, we reverse its judgment and remand this case to the trial court for further proceedings.

I. Introduction

Background Facts

{¶ 2} Appellee, Marlon Pariag, was stopped by the Ohio State Highway Patrol on December 31, 2010. He was charged with a traffic offense and also with possession of drugs of abuse, in violation of R.C. 2925.11(C)(3), a minor misdemeanor, and possession of drug paraphernalia, in violation of R.C. 2925.14(C)(1), a fourth-degree misdemeanor. The traffic offense and the criminal drug charges were assigned separate case numbers as required by Sup.R. 37(A)(4)(c) and [82]*8243(B)(2). Both cases were filed in Franklin County Municipal Court. The traffic charge was filed in case No. 2011 TRD 100861, while the drug charges were filed in case No. 2011 CRB 239. The drug charges were dismissed when Pariag entered a plea in the traffic case.

{¶ 3} On March 10, 2011, Pariag applied to seal the records pertaining to the drug charges that had been dismissed. The state objected and argued that because the record of a traffic conviction could not be sealed under R.C. 2953.36, the record of the companion case — the drug charges — could not be sealed. According to the state, because the drug-related charges arose from the same incident as the traffic conviction, R.C. 2953.61 permanently precluded Pariag from applying for the sealing of the dismissed drug charges.

{¶ 4} The trial court ordered the records of the dismissed drug charges sealed, concluding that the conviction in the traffic case did not prevent the sealing of the records in the criminal case involving the dismissed drug offenses.

{¶ 5} A divided panel of the Tenth District Court of Appeals held that R.C. 2953.61 addresses only the timing of an application to seal a record, not the applicant’s eligibility to have those records sealed. 10th Dist. Franklin No. 11AP-569, 2012 WL 1078605, ¶ 2. The court of appeals distinguished Pariag’s case from other cases in which applicants were prevented from sealing their convictions by emphasizing that Pariag’s dismissed drug charges and traffic conviction were filed under separate case numbers. Id. at ¶ 14. The court of appeals held that R.C. 2953.61 does not prohibit courts from sealing records of dismissed charges in one case when the record of conviction in another case may not be sealed, even if the charges arose out of the same act, because the statute governs merely the timing of the application to seal. Id. at ¶ 21.

Issues Presented

{¶ 6} We accepted the state’s discretionary appeal. 132 Ohio St.3d 1513, 2012-Ohio-4021, 974 N.E.2d 111. In the first proposition of law, the state argues that under R.C. 2953.61, the record of dismissed charges cannot be sealed when the charges arise out of the same set of facts as a charge filed in a separate case that resulted in an unsealable conviction. In the second proposition of law, the state argues that R.C. 2953.61 does not address the timing of an application to seal, but instead prevents partial sealing of a record.

{¶ 7} We now hold that a trial court is precluded, pursuant to R.C. 2953.61, from sealing the record of a dismissed charge if the dismissed charge arises “as a result of or in connection with the same act” that supports a conviction when the records are not sealable under R.C. 2953.36, regardless of whether the dismissed charge and conviction are filed under separate case numbers.

[83]*83{¶ 8} We therefore reverse the judgment of the Tenth District Court of Appeals and remand this case to the trial court to determine whether the dismissed drug charges arose as the result of or in connection with the same act that led to Pariag’s driving-under-suspension offense.

II. Law and Analysis

Standard of Review

{¶ 9} Because the propositions involve the interpretation of a statute, which is a question of law, we review the court of appeals’ judgment de novo. Med. Mut. of Ohio v. Schlotterer, 122 Ohio St.3d 181, 2009-Ohio-2496, 909 N.E.2d 1237, ¶ 13.

{¶ 10} When construing a statute, a court’s objective is to determine and give effect to the legislative intent. State ex rel. Solomon v. Police & Firemen’s Disability & Pension Fund Bd. of Trustees, 72 Ohio St.3d 62, 65, 647 N.E.2d 486 (1995). To determine legislative intent, a court must first consider the words used in a statute. State v. Maxwell, 95 Ohio St.3d 254, 2002-Ohio-2121, 767 N.E.2d 242, ¶ 10. When a statute’s language is clear and unambiguous, a court must apply it as written. Zumwalde v. Madeira & Indian Hill Joint Fire Dist., 128 Ohio St.3d 492, 2011-Ohio-1603, 946 N.E.2d 748, ¶ 23. Further construction is required only when a statute is unclear and ambiguous. State v. Chappell, 127 Ohio St.3d 376, 2010-Ohio-5991, 939 N.E.2d 1234, ¶ 16.

The Privilege of Sealing a Record

{¶ 11} In this case, the words “expungement” and “sealing” have been interchanged. “Expungement” is a legislative construct with no universally applied definition. Although the word “expungement” was used in R.C. 2953.32, Ohio’s first-time-offender statute, “expungement” was described as a court-ordered “sealfing]” of official records and “delet[ing]” of index references pertaining to a criminal conviction. Am.Sub.S.B. No. 5, 135 Ohio Laws, Part I, 70, 70-71. In 1979, the General Assembly amended R.C. 2953.32, changing the word “expungement” to “sealing,” Am.Sub.H.B. No. 105, 138 Ohio Laws, Part I, 1638; however, “expungement” remains a common colloquialism used1 to describe the process. Pepper Pike v. Doe, 66 Ohio St.2d 374, 378, 421 N.E.2d 1303 (1981) (referring to R.C. 2953.32 as “Ohio’s criminal expungement statute”); State v. LaSalle, 96 Ohio St.3d 178, 2002-Ohio-4009, 772 N.E.2d 1172, ¶ 3, fn. 2.

{¶ 12} Expungement of a criminal record is an “act of grace created by the state.” State v. Hamilton, 75 Ohio St.3d 636, 639, 665 N.E.2d 669 (1996). It [84]*84should be granted only when all requirements for eligibility are met, because it is a “privilege, not a right.” State v. Futrall, 123 Ohio St.3d 498, 2009-Ohio-5590, 918 N.E.2d 497, ¶ 6. R.C. 2953.32 et seq. set out the limits of the trial court’s jurisdiction to grant a request to seal the record of convictions or charges that have been dismissed.

Statutory application

{¶ 13} Because Pariag did not seek to seal the record of a conviction, R.C. 2953.52(A)(1), which applies when charges did not result in a conviction, applies. It stated:

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Bluebook (online)
2013 Ohio 4010, 998 N.E.2d 401, 137 Ohio St. 3d 81, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-pariag-ohio-2013.