Divided Ohio Supreme Court rejects sealing criminal records after pardon

COLUMBUS (AP) — Judges don’t have the authority to seal the criminal records of offenders purely on the basis of a pardon by the governor, a divided Ohio Supreme Court ruled today.

Lawmakers have never shown any interest in extending record-sealing to individuals who receive pardons, said Chief Justice Maureen O’Connor, writing for the majority in a 4-3 ruling.

“Until the General Assembly acts, we are left with the understanding that a pardon provides only forgiveness, not forgetfulness,” Justice O’Connor said, adding: “The pardon does not wipe the slate clean.”

At issue was a 2011 pardon by former Gov. Ted Strickland of an offender convicted of crimes in several counties more than 30 years ago, including a Franklin County doughnut shop burglary.

A judge approved defendant James Radcliff’s request to have his criminal conviction sealed in Franklin County over the objection of prosecutors, who said he didn’t meet the requirements for such action under state law. That’s because he had multiple convictions and wasn’t considered a “first offender,” according to today’s ruling.

The state Supreme Court took the case after the appeals court for Franklin County reversed the judge’s ruling.

Justice Paul Pfeifer, writing for the minority, said the offender’s right to privacy after an unconditional pardon outweighs the state’s limited interest in keeping the files open.