Mandatory Hearing for Expungement
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| In Ohio, when a person petitions the court for an expungement, the court is required to hold a hearing on the issue. Just as the court cannot deny the expungement without a hearing, the court cannot grant it either.
In the case of State v. Nowden, 2007 Ohio App. LEXIS 2693 (June 14, 2007) Cuyahoga Co. App. No. 88605, the trial court granted the defendant's request for an expungement without holding a hearing. The State of Ohio appealed, and Ohio's Eighth District Court of Appeals reversed the trial court, |
holding that "a hearing on an expungement motion is mandatory, and failure to hold one is cause for reversal and remand." Other cases so holding are State v. Osborne, 2003 Ohio App. LEXIS 5539 (November 20, 2003) Cuyahoga Co. App. No. 82577 and State v. Saltzer (1984), 14 Ohio App. 3d 394.
So if you are denied an expungement without a hearing, then you have grounds for an appeal. But if you get an expungement without a hearing, then the state of Ohio will have grounds for appeal.
Continue on to our complete guide to Ohio expungement law
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