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Cleveland State Law Review

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Expungement

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Full-Text Articles in Law

The Unified Sealed Theory: Updating Ohio's Record-Sealing Statute For The Twenty-First Century, Michael H. Jagunic Jan 2011

The Unified Sealed Theory: Updating Ohio's Record-Sealing Statute For The Twenty-First Century, Michael H. Jagunic

Cleveland State Law Review

This Note will argue that Ohio's record sealing statute is still a viable means to achieve this balance, but that it must be supplemented by additional laws in order to remain effective. Part II provides a short history of record sealing and expungement in the United States and explains how Ohio's record sealing statute effectively deals with some common criticisms of record sealing. Part III then briefly examines why sealing and expungement statutes are becoming increasingly ineffective due to the proliferation of electronic criminal records and the rise of the data-mining industry. Part IV critiques some of the proposed solutions …


Deportation Of Aliens For Convictions Based Upon Possession Of Marijuana, Alan Lee Jan 1977

Deportation Of Aliens For Convictions Based Upon Possession Of Marijuana, Alan Lee

Cleveland State Law Review

The recent advent of decriminalization for adjudications based upon possession of small amounts of marijuana has focused much attention upon the harsh immigration consequences of such adjudications for the permanent resident alien. Under section 241(a)(11) of the Immigration and Nationality Act (INA), an alien convicted of possession of marijuana is deportable, and only limited means of relief are available. Due to its severity, however, the section has not been viewed with favor by the courts or the Board of Immigration Appeals, and the result in recent years has been the increased use of a number of ploys either to evade …


The Expungement Or Restriction Of Arrest Records, Gregory J. Lake Jan 1974

The Expungement Or Restriction Of Arrest Records, Gregory J. Lake

Cleveland State Law Review

Over the past decade, concern has arisen regarding the adverse effects stemming from the misuse of arrest records. Crime cannot be condoned, but once an arrested individual has been exonerated, the arrest record should be expunged and not allowed to remain a "record" to be used against him in the future. The scope of the following analysis will not include conviction records, records of civil cases, or military records of arrest and/or conviction under the Uniform Code of Military Justice though many topics to be discussed will also be relevant to such records. Further, since the juvenile court is not …