CLEVELAND, Ohio – Mayor Justin Bibb’s plan to expunge more than 4,000 low-level marijuana convictions hit a procedural roadblock as Ohio law maintains that individuals are the only people who can initiate the process to seal or expunge a case.
On Wednesday, the city filed notices to withdraw its motions to remove the charges from residents’ records. But it continues trying to help people clear their names.
On April 6, Bibb, along with city leaders, made the announcement that Cleveland would wipe clean the records of residents charged with minor misdemeanor marijuana possession. The possession charges would involve 200 grams or less and date back to 2017.
The move was intended to help those who had experienced problems with employment or educational opportunities because of a conviction.
“It was just the overall thing that if we can assist our citizens and provide a better quality of life, we should,” said Aqueelah Jordan, the city’s chief prosecutor.
The attempt to help residents, however, was hit by legal hurdles.
“When there is pushback, (Bibb) says let’s do it another way,” Jordan said. “It’s so refreshing to see.”
The city is proactively sending out letters to convince those who are eligible to have their marijuana charges expunged or sealed. Its officials are urging residents to use the Cleveland Municipal Court website to start proceedings. The information can be found at https://clevelandmunicipalcourt.org/clerk-of-courts/criminal-traffic-division/forms-library.
The city also mailed information on services that can help residents understand the process. In addition, it has been reaching out to those in the cannabis industry and those working for cannabis reform for ideas on how to get information out, according to Jordan.
In April, the Ohio Supreme Court’s Board of Professional Conduct told Cuyahoga County Public Defender Cullen Sweeney that it would be improper for the city to initiate expungements without the individuals knowing that they are being represented.
In May, the city filed superseding motions that sought to vacate convictions and dismiss charges, instead of expunging or sealing them. That would have left it up to the municipal court judges to decide to grant the requests. That attempt also fell through.
“We have to use every chance we can to reset this to say we’re trying and to direct citizens the right way,” Jordan said.
In 2020, Cleveland City Council passed legislation that lowered the penalties for misdemeanor marijuana possession cases to no fines or jail time.
The legislation also ensured those convicted would not have a criminal record and would not have to report the charge on applications for employment. Judges recently dismissed 838 pending low-level marijuana cases, Jordan added.
“Because, again, we’re trying to change lives, but I think it takes all of us working together, as opposed to working against each other,” Jordan said. “This isn’t about waiting for politicians. It is about changing people’s lives.”