Franklin county criminal records full#
Franklin county criminal records trial#

Franklin county criminal records trial#

On the entry, the trial court judge checked the box stating: “he Court finds that * * * the interests of the applicant in having the records sealed are not outweighed by any legitimate governmental need to maintain the records.”Ĭolumbus Prosecutor Appeals Decision Granting Expungement The trial court granted the expungement and sealed the records.

Draper did not nor did an attorney appear in her place. The court held an expungement hearing to consider the application. The Expungement Hearing – Defendant Did Not Appear Nor Did She Have an Attorney Appear on Her Behalf The state argued that these interests outweighed appellee’s interests in having the records sealed. If dismissed domestic violence or assault records were sealed, they argued, the police could not access the past histories of violence of people they are investigating and the courts could not see past histories of violence of the people appearing in arraignment in order to set a bond. The prosecutor argued in the objection that the government had legitimate interests in maintaining her records. The Columbus prosecutor’s office filed an objection to her application. On the form, Ms Draper filled in basic personal identification information, the case number and charges at issue, and information about the case outcome.Ĭolumbus Prosecutor’s Office Objects to Sealing Records of Violence The application consisted of only the court’s “Application for Sealing of Records” form.

Draper filed an application to expunge or seal the records of her dismissed charges of domestic violence and assault charges, both first-degree misdemeanors. Draper, 2015-Ohio-1781.ĭefendant Applies to Expunge Dismissed Domestic Violence and Assault Records

Franklin county criminal records full#

See the full text of the case at State v. In every expungement case – even expungement of dismissed charges – the judge must apply a balancing test to determine whether the interest of the applicant in dismissing the charges outweighs the state’s interest in preserving the records. One recent Columbus expungement case in the Franklin County Municipal Court reiterated the procedure that must be followed in expungement cases under the Ohio statute.