State v. Floyd

Citations

• 2018 Ohio 5107
• 126 N.E.3d 361

Syllabus

EXPUNGEMENT: Where defendant was on community control for a separate misdemeanor conviction, she was not subject to pending criminal proceedings and therefore, the trial court erred in overruling her R.C. 2953.52 motion to seal the records in three other criminal cases in which the complaints against her had been dismissed. State v. Blair, 2016-Ohio-5714, 62 N.E.3d 201 (1st Dist.), overruled. [But see DISSENT: Blair was not clearly wrongly decided, and therefore, it should not be overruled. Where the court in the separate misdemeanor case retains jurisdiction over defendant for the duration of her community-control sanction, pursuant to R.C. 2929.25(C), and over the suspended jail term on the separate conviction, pursuant to R.C. 2929.24(H), the misdemeanor case is a pending criminal proceeding.]