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Old 06-15-2010, 10:41 PM
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Default Kirk Stotler - Expungement case dismissed, reversed due to not conducting hearing

In the Supreme Court of Ohio a judgment was issued regarding Kirk Stotler's appeals request.

Therefore, the judgment of the Holmes County Court of Common Pleas overruling appellant's motion for relief from weapons disability pursuant to R.C. 2923.14 or, in the alternative to seal the official records in his case pursuant to R.C. 2953.32 is vacated and this case is remanded for proceedings in accordance with our opinion and the law

In its first assignment of error, appellant contends that the trial court erred by denying the application without first holding a hearing. We agree.

Last edited by KathleenTX; 06-18-2010 at 02:16 PM.. Reason: clarification
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Old 06-25-2010, 04:15 AM
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http://www.supremecourt.ohio.gov/rod...-ohio-2419.pdf

In 2004, appellant pled guilty to breaking and entering, and vandalism. The court did not err by denying appellant's application to seal the records pursuant to RC 2953.32. The record shows appellant had a DUI in Michigan in 2008. Appellant is clearly not a first time offender and we affirm.
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Old 10-15-2010, 03:41 AM
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http://www.supremecourt.ohio.gov/rod...-ohio-4520.pdf

{¶1} Plaintiff-appellant, the state of Ohio, appeals from a judgment of the
Franklin County Court of Common Pleas granting an application to seal the record of defendant-appellee, Donald L. Williams, under R.C. 2953.32. For the following reasons, we reverse that judgment and remand.


The court erred by granting appellee's application to seal the records of his 1996 conviction for theft. The record shows that in 1999, appellee was also convicted of nonsupport of dependents. As such appellee is not a first time offender.
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