STATE v. BOYKIN

Nos. 2012-0808 and 2012-1216.

138 Ohio St.3d 97 (2013)

2013-Ohio-4582

THE STATE OF OHIO, Appellee, v. BOYKIN, Appellant. THE CITY OF AKRON, Appellee, v. BOYKIN, Appellant.

Supreme Court of Ohio.

Decided October 22, 2013.


Attorney(s) appearing for the Case

Sherri Bevan Walsh , Summit County Prosecuting Attorney, and Heaven DiMartino , Assistant Prosecuting Attorney, for appellee state of Ohio.

Cheri B. Cunningham , Akron Director of Law, Michael J. Defibaugh , Assistant Director of Law, and Gertrude Wilms , City of Akron Chief Prosecuting Attorney, for appellee city of Akron.

Joann Sahl , for appellant.

Ron O'Brien , Franklin County Prosecuting Attorney, and Seth L. Gilbert , Assistant Prosecuting Attorney, urging affirmance for amicus curiae Franklin County Prosecuting Attorney Ron O'Brien.

Jane P. Perry , urging reversal for amici curiae Advocates for Basic Legal Equality, Coalition on Homelessness and Housing in Ohio, Community Legal Aid Services, Disability Rights Ohio, Legal Aid Society of Southwest Ohio, Legal Aid of Western Ohio, Inc., Legal Aid Society of Cleveland, Legal Aid Society of Columbus, Office of the Ohio Public Defender, Ohio Justice and Policy Center, Ohio Poverty Law Center, and Southeast Ohio Legal Services.


LANZINGER, J.

{¶ 1} The issue in this appeal is whether a gubernatorial pardon automatically entitles the recipient to have the record of the pardoned conviction sealed. We hold that the sealing of a record is not an entitlement that flows from a pardon.

I. Case Background

{¶ 2} Appellant, Montoya Boykin, was convicted six times between 1987 and 2007 for different offenses. In January 2007, she filed...

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