Expungement of Dismissed Drug Charge


The Ohio Revised Code (§ 2953.61) states that a trial court is not permitted to expunge an offense, even if that charge was dismissed, if that particular dismissed charge arose "as the result of or in connection with the same act" that supported an un-sealable conviction. The state of Ohio appealed and reversed the judgment of an expungement because they ruled the Tenth District Court of Appeals erred in its analysis. The original case involved Pariag, the appellee, who was stopped by Ohio State Highway Patrol and was charged with two offenses: 1) a traffic offense, and 2) possession of drugs of abuse.

In this case, sealing the records of a dismissed drug charge that arose from a roadside stop and conviction for a traffic violation was error where traffic violation was an un-sealable charge and trial court did not determine if both charges arose "as a result of or in connection with the same act," R.C. 2953.36(B) and 2953.61. Read more: State v. Pariag, Slip Opinion No. 2013-Ohio-4010.